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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT FOR THE STREET LIGHTING
ASSESSMENT DISTRICT FORMATION SERVICES BY
AND BETWEEN THE CITY OF ARCADIA AND
MUNIFINANCIAL
This Amendment No. 1 ("Amendment No. 1 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the state of California, and
Munifimancial, a California Corporation with respect to that certain Professional Services
Agreement between the parties dated October 10, 2006 ( "AgreemenY').
The parties agree as follows:
1. Section 3.1.2 of the Term of Agreement is hereby amended by extending to and
including October 10, 2008.
2. Section 3.3.1 of the Agreement is hereby amended by deleting FIFTY FIVE
THOUSAND DOLLARS AND NO CENTS ($55,000.00) and by substituting
therefore ONE HUNDRED FORTY THREE THOUSAND AND TWO
HUNDRED THIRTY DOLLARS AND NO CENTS ($143,230.00)
3. The Scope of Work and Compensation are hereby amended to include additional
work and modifications to the contract as specified in "Exhibit A (Scope of
Services)" and "Exhibit C (Compensation)."
4. All of the remaining terms and provisions of the Agreement are hereby reaffumed.
In witness whereof the parties have executed this Amendment No. 1 on the date set
forth below.
CITY OF ARCADIA CONSULTANT
Munifinancial
By: wr6w IDVA1 B / �a
City Manager Date
APPROVED AS TO FORM:
City Attorney
Frank G. Tripepi,President & CEO
Print Name & Title
Dated: 10 /23 2007
CONCUR:
Pat Malloy, NbIiOWorks Services Director
0
ExIIIBIT "A"
SCOPE OF SERVICES
[AS ATTACHED]
G
Scope of Services — Citywide
MuniFinancial will perform the following to assist the City of Arcadia in forming a proposed
Citywide Special Assessment District for Street Lighting under the provisions of the Landscaping
and Lighting Act of 1972. The proposed district will incorporate all properties within the City that
receive a direct and special benefit from the maintenance and operation of public street lighting
improvements within the City of Arcadia as well as the establishment of zones of benefit to address
variations in the street lighting improvements throughout the City.
Phase 1: Finalize Proposed Assessments
Utilizing the findings and recommendations established in our initial feasibility study for the
proposed citywide street lighting district, we will work with City staff to evaluate and refine the full
extent of the various street light improvements to be maintained and the associated costs (both
annual and long -term costs) to ensure that the proposed budget, assessments, and cost allocations
including general benefit, represent the true cost of maintaining the City s street lighting system and
reflect an appropriate and defensible representation of the special benefits received by each parcel
within the proposed district.
Although, we do not anticipate any significant changes to the overall district structure or
assessments that were developed in the initial feasibility study (three benefit zones), certain
properties or areas of the City may be reclassified to different zones of benefit based on further
review and analysis of the improvements and their relationship to those properties as well as a more
detailed review of the City's street lighting budget and expenses. We will work with City staff to
evaluate the full extent of the City's street lighting system and costs to ensure our original approach
and findings provide a reasonable and defensible benefit nexus and cost allocation of the special
benefits and general benefit.
Upon completion of our review and detailed analysis, we will present a final recommended district
structure and assessment scenarios in summary memorandum format to City staff for review and
discussion. When finalized with City staff, this summary memorandum will outline the district
structure, the method of apportionment and proposed assessments that will be incorporated into the
Engineer's Report for the City Council's consideration and action. This summary memorandum will
also provide much of the statistical information that will be utilized in the public outreach effort
including discussions at various property owner workshops.
MuniFinancial will perform the following tasks as Phase 1:
1. Schedule and participate in a project kick -off meeting with City staff at City offices. The
purpose of this meeting is to review and discuss the details of the scope of work outlined in
this proposal, the proposed timeline of events, the overall public outreach strategy, budget
information and specific issues and additional information required for the preparation of
the Engineer's Report as well as discussions of City's goals and priorities
2. Using base electronic parcel information established in the initial feasibility study and
updated parcel information from the current County Assessor's Office secured roll,
MuniFinancial will establish and update as needed a District assessment database. This
database will contains all benefiting properties within the City and will identifies each parcels
specific land use, proposed zone designation, assigned benefit units, proposed assessment,
existing assessment (estimated) and property ownership information (owner name(s) and
M� �n +Financial Page 3
mailing address). This base data will serve as the master database for the proposed
assessments to be outlined in the Engineer's Report. The information contained in this
database will be enhance and updated as needed through parcel research and specific
information provided by the City and County and will be utilized as the basis for the mailing
of all notices and ballots as well as to generate any necessary district diagrams or exhibits for
the property owner workshops and the Engineer's Report. (Due to the overall timing of this
project, we anticipate that property data will be updated with County information twice —
July 2007 and July 2008 secured rolls)
3. Review and evaluate the improvement diagrams and proposed zone boundary maps
previously generated by the City as part of the feasibility study to ensure that the Zone
designation for each property accurately portrays an appropriate and reasonable special
benefit nexus to the level of street lighting associated with that property. The master
database will be updated with any necessary changes or modifications.
4. Assist City staff with preparing the district budget that incorporates accurate accounting cost
recovery. We will work with City staff to ensure that appropriate improvement costs
(including annual expenditures and long -term maintenance costs) are incorporated into a
final budget and that these costs are reasonably allocated to the various Zones to achieve
maximum cost -to- benefit equity. In preparing the budget, we will work with City staff to
develop an accurate accounting of the improvements and costs that are considered general
benefit as well as develop appropriate collection of funds for operational reserves and
incidental expenses. While much of this process may be accomplished through e -mails and
phone calls, we anticipate that this process will require our participation in one (1) working
meeting at the City. This task will likely require that City staff investigate and provide
historical improvement cost data, traffic generation studies and /or detailed improvement
data that summarizes the location and type of various lighting facilities throughout the City.
5. Based on the preceding tasks MuniFinancial will prepare and provide to City staff, a
Summary Evaluation Memorandum outlining any significant modifications to the original
district structure proposed (benefit zones); an updated district budget that incorporates
anticipated annual maintenance costs, long -term funding needs as well as incidental
expenses; an expanded description of the method of apportionment and an outline of the
proposed assessments. This memorandum may include specific discussions of the special
benefit nexus and assessments, general benefit rational and /or other revenue contributions
that may be appropriate as well as related tables and diagrams that support the proposed
findings and recommendations. Generally, this memorandum will contain much of the
documentation and analysis that will form the basis of the Engineer's Report to be prepared
for this project. We anticipate that the contents of the Summary Evaluation Memorandum
can be discussed and finalized with City staff via a conference call, however at the City
requests, we will attend one (1) staff meeting to review and finalize the documents at the
Citv offices.
G. After the Summary Evaluation Memorandum has been finalized with City Staff, we
recommend that City staff present the findings and recommendations to the City Council,
either at a Council study session or Council Meeting. MuniFinancial will attend the City
Council session and be available to answer questions. The goal of the presentation is two-
fold: a.) To update the City Council on the proposed District structure and assessments; and
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b.) To have the Council identify any concerns they may have or changes they deem
appropriate and generally provide their blessing to proceed with the formation process.
Phase 2: Formation Engineering Services
Upon completion of Phase I and the City's authorization to proceed, we will prepare the necessary
1972 Act documentation to form the 1 district including preparation of the required Engineer's
Report and Resolutions.
MuniFinancial will perform the following tasks:
1. In accordance with the Landscaping and Lighting Act of 1972 and the provisions of the
California Constitution Article XIIID (Proposition 218), MuniFinancial will prepare an
Engineer's Report for the district to include the following items:
• Plans and specifications that describe the district, zones and improvements.
• Method of apportionment that outlines the special benefit conferred on properties
within the district from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment, as well as a description of the
assessment range formula that establishes the maximum assessment rate in subsequent
fiscal years.
• Budget that outlines the costs and expenses to install, service, and maintain the
improvements including incidental expenses authorized by the Act to operate the
district.
• Assessment diagram that identifies the boundaries of the district.
• Assessment roll containing each of the assessor parcel numbers that comprise the
district and the proportional maximum assessment. (Due to the size of this District, the
assessment roll will likely be provided to the City Clerk electronically and /or under a
separate cover, and by reference made part of the Report).
• Affidavit stating the report has been prepared by a professional engineer
2. MuniFinancial will provide the City with an electronic copy of the Engineer's Report for City
staff review and comment prior to City Council action (Intent Meeting). When finalized with
City staff, a final electronic version of the Report will be provided to the City, that the City
Clerk may incorporate into the City Council's agenda package.
3. Prepare resolutions for the Intent Meeting.
• Intent Meeting Resolutions — Resolution Initiating Proceeding and Resolution
Adopting the Engineer's Report.
MuniFinancial will provide the draft resolutions to City staff prior to the City Council
agenda deadline for City review and comment. All draft resolutions should be reviewed by
the City Attorney for form and content prior to finalizing these documents for City Council
action.
Typically at the Intent Meeting, the City Council would also adopt the Resolution of
Intention (that sets the Public Hearing and calls for mailed ballots). However, for this
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. 1 • •
project we anticipate an extensive public outreach effort will be necessary and because the
timing of this effort may be modified, setting the Public Hearing date at this time may be
premature. Therefore we anticipate the scheduling of an additional Council Meeting after the
proposed property owner workshops of Phase 3 for the City Council to adopt the
Resolution of Intention (setting the Public Hearing and calling for mailed ballots).
4. At the City's request, MuniFinancial will review and comment on the staff reports prepared
by the City in connection with the proposed new assessment proceedings. (Intent Meeting
staff reports).
5. Attend the City Council Meeting and be available to answer questions the City Council may
have regarding the formation of the district.
6. After the City Council Meeting, if necessary, update the Engineer's Report to reflect changes
ordered by the City Council. These changes will be incorporated into the mailing database
prior to the mailing of ballots (if applicable) and will be incorporated into the Engineer's
Report presented to the City Council at the Public Hearing.
Phase 3: Public Outreach Service
Public Outreach Efforts can involve a variety of approaches and tools. Muml- financial does have
proven experience with various outreach efforts, including the preparation and mailing of
informational pieces and assisting City staff with property owner workshops. For most proposed
new assessment that involves a significant number of existing residential properties, it is important
to communicate the issues and educate the property owners with the facts before they are asked to
vote on an assessment. While MuniFinancial can assist the City with specific elements of the public
outreach efforts focused on informing property owners of the issues and aspects of the proposed
district including the development and mailing of workshop invitations, targeted informational
pieces that emphasize the need and importance of the assessments, as well as Frequently Asked
Question (FAQ) Guide (general informational piece), if the City wishes to implement a more
concentrated outreach effort (that may include radio spots, news paper releases or enhanced graphic
designs for property owner mailings) to garner support for the district and assessments, we suggest
that a consulting firm specializing in public relations be retained by the City to conduct such an
effort. Regardless of whether the City chooses to utilizes the services of a public relations consultant
or not, MuniFinancial will assist the City with coordinating and scheduling of public outreach efforts
based on our findings and recommendations for the District assessments.
As part of an overall education effort, MuniFinancial will perform the following tasks as part of
Phase 3. If the City retains the services of a public relations firm, the scope of our proposed services
(and associated fees) may be reduced.
1. We will work with the City to identify, key issues, objectives and strategies that should be
incorporated into the public outreach efforts. While the proposed assessments may be
similar in many areas of the City the issues arc not and there is no single approach that will
be effective in all circumstances. (i.e. Some areas have existing assessments while others do
not. In most areas of the City the benefit of streetlights is direct and obvious, while in other
areas the benefit is less obvious). We will assist the City with developing a strategy that
addresses these different issues that is focused on maximizing communication in the most
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MuniFinancial
cost effective manner. We anticipate that this process will require our participation in one (1)
working meeting at the City.
2. Based on the feasibility study previously completed, we anticipate that the City will need to
schedule and conduct at least five (5) community meetings /workshops where we will act as
technical support to City staff to answer questions and provide information related to the
calculation of the proposed district assessments and the assessment balloting process.
Generally we envision that separate workshops will be scheduled as follows:
• A minimum of one (1) workshop that is focused on existing areas of the City that already
have a street lighting assessment (excluding the areas that need street light renovations);
• A minimum of one (1) workshop that is focused on areas of the City that that will
eventually require street light renovations (Areas 4, 5, 6 and 9, excluding Area 8);
• A minimum of one (1) workshop that is focused on areas of the City that have local
street lights, but are not currently assessed; and,
• One (1) workshop that addresses those areas of the City that have no streetlights or
reduced street lighting and will be assessed for the first time.
• One (1) general informational workshop, public meeting before the City Council or
additional workshop targeted at one of the areas specified above.
For this project, we anticipate that the property owner workshops will be conducted after
the City Council approves the preliminary Engineer's Report (Intent Meeting), but prior to
the notices and ballots being mailed. However, some workshops could be scheduled during
the 45 -day period between the mailing of ballots and the public hearing. We anticipate that
this process will require out participation and attendance at five (5) property owner
workshops that will be presented and facilitated by City staff. (If requested, we will
participate in additional workshops as need for an additional fee as outlined in our fees for
service).
3. In conjunction with the property owner workshops, we will prepare and mail an
invitation /informational piece to the property owners identified for each workshop subset.
Because the issues and emphasis that will be addressed at the various workshops are
different, the invitation /informational piece for each workshop group will be modified to
address those issues. These mailing as well as the scheduled workshops will be staggered
over several weeks or months. The mailers itself be drafted as a single -page, double - sided,
black and white document that is mailed in an envelop (with City Logo) or may be a tri-fold
brochure format that is printed in one or two colors.
For each mailer:
• We propose to prepare and coordinate the mailing of an invitation /informational piece
that will convey the significance and importance of the assessments being proposed as
well as specific highlights and issues that are specific to that targeted group (including the
place and time for a workshop). This document will be presented in an in an easy -to-
understand format that encourages participation in the process.
• If such informational pieces are to be prepared and mailed by a public relations firm that
has been retained by the City, we will provide technical support for these efforts
including review and comment on the information to be disseminated and provide
updated mailing data for property owners within the proposed district.
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Drafts of each informational mailer will be provided to the City for review and comment
prior to the actual printing and mailing of the documents. Our scope of work assumes that
the proposed document format and basic text drafted for these mailers will be generally
acceptable to the City and only minor revisions and formatting will be required to finalize
the documents. Extensive or multiple revisions that are requested by the City may require an
adjustment to our proposed fees associate with this task.
Due to the number of total invitation /informational piece to be mailed, MuniFinancial will
likely outsource most if not all of the actual printing, processing and mailing of the
documents, the cost of which will be billed to the City at out cost.
4. Upon completion of the property owner workshops, we will schedule a public outreach
strategy meeting with City staff to review the input received from those workshops and
discuss possible adjustments to the initial strategy plan.
5. We will prepare and mail Frequently Asked Questions (FAQ) Guides to each property
owner as part of an overall education effort for the assessment. This document would be
applicable to all property owners within the District and is designed to present typical issues
and questions that are raised by property owners in similar proceedings or were commonly
asked during the workshops with simple straightforward answers to those questions.
• We propose that this particular informational piece be drafted in an easy -to- understand
format that would be mailed as a tri-fold, double -sided document, in black and white or
single color. (Similar to a mailed flyer).
• We propose that the FAQ Guide be mailed to all property owners sometime after the
public workshops. The FAQ Guide may be mailed prior to the mailing of the ballots, in
conjunction with the ballot (reduce mailing costs) or sometime during the 45 -day mail
ballot period. Although one of first two mailing options is preferred, the determination
as to when or even if the FAQ Guides are mailed is typically dictated by the response
and outcomes of the workshops. (This mailer may be omitted if after the workshops it is
determined too be unnecessary.)
Phase 4: Property Owner Balloting
Upon completion of the property owner workshops identified in Phase 3, we will prepare and mail
the required Notice of Public Hearing and Assessment Ballots pursuant to the provisions of the
California Constitution Article YIIID, as well as prepare the necessary Resolutions for completion
of the District formation.
MumFinancial will perform the following tasks as Phase 4:
1. Prepare resolutions for the Public Meeting and Public Hearing.
• Public Meeting Resolutions — Resolution of Intention (that sets the Public Hearing
and calls for mailed ballots).
• Public Hearing Resolutions — Resolution Declaring Results of the Balloting;
Resolution Approving the Engineer's Report and Assessment Diagram; and
Resolution Forming the District and Confirming the Levy and Collection of
Assessments. (Due to the time required to tabulate the ballots, the actual adoption of
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these resolutions will not be adopted the same evening as the Public Hearing, but
may be adopted at the next regularly scheduled Council Meeting or at a scheduled
special meeting.
MuniFinancial will provide the draft resolutions to City staff prior to the City Council
agenda deadline for City review and comment. All draft resolutions should be reviewed by
the City Attorney for form and content prior to finalizing these documents for City Council
action.
2. At the City's request, MuniFinancial will review and comment on the staff reports prepared
by the City in connection with the proposed assessment increase proceedings. (Public
Meeting and Public Hearing staff reports).
3. Attend the Public Meeting, and be available to answer questions the City Council may have
regarding the formation of the district.
4. Based on the City Council approved Engineer's Report, MuniFinancial will prepare and mail
the notices and ballots in accordance with the requirements of the California Constitution
Article XIIID (Proposition 218). MuniFinancial will use the latest property owner
information from the County Assessor's Office secured roll and, as warranted, incorporate
updated ownership and mailing information provided by the City. Prior to mailing, we will
forward samples of the notices and ballots to the City for review and comment prior to the
actual printing and mailing.
MuniFinancial will be responsible for preparing the notice and ballots and coordinating the
printing, processing and mailing (first- class) of these documents. The printed piece will be in
black and white format and will consist of a single page (double- sided) notice of the public
hearing accompanied by a single page (double - sided) ballot and a pre- addressed return
envelope (without postage). Notices and ballots shall be mailed to the property owners of
record at least 45 days prior to the Public Hearing.
Due to the number of notices and ballots to be mailed, MuniFinancial will outsource the
actual printing, processing and mailing of the documents, the cost of which, including
postage will be billed to the City at our cost.
While MuniFinancial will facilitate the mailing of all documents to the property owner(s) of
record in accordance with Proposition 218 and applicable provisions of the California
Government Code utilizing the latest property owner information from the County
Assessor's Office secured roll, the City should expect that some documents will be returned
to the City as "undeliverable" and /or that some property owners may not receive their
notices and ballots. If requested, MuniFinancial will prepare and re -mail replacement
notices /ballots to property owners requesting a replacement ballot, and /or research and re-
mail notices /ballots for those properties that were returned to the City as "undeliverable ".
These efforts would be in addition to our proposed scope of services and would be billed to
the City on a time and material basis.
5. Attend the public hearing, and be available to answer questions the City Council may have
regarding the proposed District.
6. In cooperation with the City Clerk, tabulate the assessment ballots after the close of the
public hearing. We have developed proprietary software capable of tabulating approximately
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400 to 700 ballots per hour. MuniFinancial will provide the balloting results to the City Clerk
once tabulation is completed. (Based on the number of ballots mailed, we anticipate the
ballot tabulation to take several hours and the results may not be available for one to two
days after the Public Hearing).
7. We will be available by telephone to answer questions regarding the formation process from
City staff and property owners during the course of the formation of the district.
City Responsibilities
The City will prepare or provide the following, if necessary:
• Provide any information regarding current zoning, existing land uses, and proposed property-
development, as required.
• Provide detailed descriptions of the improvements to be included in the district, including a
breakdown of existing type and number of street lights on various street or street types in the
City and any proposed capital improvement and installation plans.
• Provide either electronically or in hard copy various maps of the City as needed, including the
final District and Zone boundary map, general plan maps, improvement maps, zoning maps,
assessor parcel maps, subdivision maps, or related development diagrams.
• Provide all pertinent budget information including estimated annual maintenance costs,
projected capital expenditures, City overhead costs and available funding from other sources that
can be used to offset the proposed assessment.
• Provide sample City resolutions in electronic format and in sufficient detail to establish the
required format for resolutions to be prepared by MuniFinancial.
• Prepare all internal memos, staff reports and other supporting documents necessary for City
Council agendas.
• Prepare all PowerPoint presentations or handouts to be used at property owner workshops or
City Council presentations.
• Provide electronic data of parcels within the proposed district including assessor parcel numbers
and related development information.
• Arrange for any required publications notice of Council meetings or public hearings in the local
newspaper.
• Review the draft reports and resolutions before the final documents are prepared. This review is
typically performed by Department staff but may include the City Attorney and City Manager.
Requested changes shall be submitted to MuniFinancial in writing.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and the County and agrees that MuniFinancial shall not be liable for any
inaccuracies contained in such information.
Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide our
professional expertise. Since we do not practice law, we ask that your City Attorney, or other
designated counsel, review the documents. We will assist your attorney in identifying any pertinent
legal issues.
�• •Y•••� 11 �V��V�V�
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Proposed Timeline
The following is a timeline of key events proposed for this project. The dates presented in the
timeline are only an estimate of the process based on the preceding scope of services, and may be
modified as needed as the project progresses.
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Page 11
MuniFinaneial
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Page 12
MuniFnancial
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Page 12
MuniFnancial
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Scope of Services —Area 8
MuniFinancial will perform the following to assist the City of Arcadia in forming a special
assessment district under the Landscaping and Lighting Act of 1972 for the street fight upgrade
project for the Santa Anita Oaks Neighborhood (Area 8) and associated ongoing maintenance costs.
Phase 1= Finalize Assessment Methodology
With the City's assistance we will evaluate the overall extent of the street lighting upgraded
(renovation) plans, the various costs associated with the improvements and the anticipated
maintenance and operation requirements (based on the citywide maintenance allocations) to develop
an appropriate cost allocation analysis and district structure based on a specific assessment
methodology applicable to the improvements and services to be provided. While the district will
likely have a single zone of benefit, we will work with City staff to evaluate the full extent and
location of the various improvements to be installed and maintained, and develop a reasonable and
defensible benefit nexus and cost allocation (assessment methodology) for the special benefits
received by each parcel within the proposed district.
Upon completion of our analysis, we will present a recommended district structure and assessment
scenarios in summary memorandum format to City staff for review and discussion. When finalized
with City staff, this summary memorandum will outline the proposed assessment repayment options
that will be presented to property owners for their input during a scheduled property owner
workshop prior to preparing the Engineer's Report that will be presented to the City Council.
MuniFinancial will perform the following tasks as Phase 1:
1. Consult with City staff to determine project timeline, lists of specific improvements,
construction costs and maintenance requirements and budget information related to these
improvements. We anticipate that these efforts can be accomplished through e -mails and
conference calls and should not require any scheduled meetings.
2. Review parcel maps, improvement diagrams, construction plans and cost estimates provided
by the City to evaluate and establish a reasonable special benefit nexus to properties within
the proposed district. Utilizing this information, we will identify a proposed district
boundary and develop a reasonable method of apportionment that may incorporate more
than one zone of benefit if deemed appropriate. If necessary, we will participate in one (1)
working meeting with City staff to accomplish this task.
3. Using base electronic parcel information initially provided by the City, develop a district
assessment database that contains all benefiting properties within the proposed district and
specific land use data for each parcel that will be utilized to establish an apportionment of
the assessments. This base data will be updated using parcel information from the County
Assessor's Office secured roll (July 2007). MuniFinancial will enhance the data through
parcel research and specific information provided by the City and County.
4. Assist City staff with preparing an appropriate the district budget that accurately estimates all
construction and installation costs; loan repayment financing; annual and long -term
maintenance costs; and establishment of adequate contingencies and reserve funds as well as
any possible funding contributions to achieve maximum cost -to- benefit equity.
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M..niFinnnAni
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5. Based on identifiable variations in benefit within the proposed district, we will prepare a
recommended district structure (possible benefit zones), a method of apportionment and
assessment evaluation for discussion with the City staff, including any identified general
benefit and loan repayment options. We will present this recommended approach and
resulting assessment rates in summary technical memorandum format for City staff review.
This document will include as needed, various tables, diagrams and recommendations that
outline the proposed district budget; identification of any proposed zones; and up to three
assessments scenarios (repayment options) for the proposed district. When finalized with
City staff, this memorandum will contain much of the documentation and analysis that will
form the basis of the Engineer's Report to be prepared in Phase 3 of the project. This
memorandum may also outline the implementation requirements for establishing the new
district and will provide the basis for discussion with property owners as part of the City's
public outreach efforts outlined in Phase 2.
Phase 2= Public Outreach
Public Outreach Programs can involve a variety of mechanisms and aspects including but not
limited to mailers, workshops, newspaper articles, and property owner advocacy groups. Based on
previous conversations with the City it is anticipated that most of the public outreach for this project
will be a grassroots effort of several homeowners within the proposed district. However because the
Engineer's Report and subsequent ballots must identify the proposed assessment that must be
approved by the property owners, we anticipate that it will be necessary for the City to conduct a
property owner workshop to discuss the proposed project (street lighting upgrade) and ascertain
which repayment plan (10 -year, 15 -year or 20 -year) and corresponding assessments have the greatest
support. MuniFinancial does have proven experience with preparing selected outreach materials,
including the development of Frequently Asked Question (FAQ) guides for mailing to property
owners, as well as facilitating discussions at public workshops.
MuniFinancial will perform the following tasks as Phase 2:
1. Assist City staff with preparing for and attend one (1) public information meeting to discuss
the improvement plans, the proposed budget and components of the proposed assessments,
the assessment options (repayment terms) and the assessment balloting process, as required.
We anticipate that this public outreach meeting will be conducted and facilitated by City staff
and scheduled prior to finalizing the Engineer's Report for City Council action.
2. Utilizing the summary memorandum prepared by MuniFinancial in Phase 1, we will assist
the City with preparing an appropriate outline and exhibits for the City to utilize in their
presentation (PowerPoint) at the property owner workshop.
3. MuniFinancial will prepare and mail to all property owners of record, an invitation to the
scheduled workshop. This document may be in the form of a simple postcard or if the City
prefers the invitation may be designed as simple single -page, double -sided informational
piece that provides general background information on the proposed project and stresses the
importance of the property owner's participation in the assessment process.
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Optional Public Outreach Service.
Develop and Mail Frequently Asked Questions (FAQ) Guide. For new assessment
projects, MuniFinancial often prepares and mails FAQ Guides to property owner as part of
an overall education effort for the assessment. Many of the questions and answers we use in
this document are typical issues raised by property owners. While an FAQ guide could be
prepared and mailed in conjunction with the property owner workshop invitation, for this
particular project the use of a FAQ Guide would likely be a more affective tool as a follow -
up to the community meeting (but only if the community meeting is not well attended).
Therefore the implementation of an FAQ Guide is presented here as an optional service.
Generally, an FAQ guide is mailed as a separate informational piece prior to the actual ballot
mailing; however, if the City prefers, the guide can be issued in conjunction with the
assessment notice and ballot mailing.
Phase 3: District Formation
Upon completion of Phase 1 (_Assessment Methodology) and the proposed property owner
workshop identified in Phase 2, with the City's authorization to proceed, we will prepare the
necessary documentation to form the 1972 Act district including preparation of the required
Engineer's Report, Resolutions and the Proposition 218 required notices and ballots.
MuniFinancial will perform the following tasks as Phase 3:
1. In accordance with the Landscaping and Lighting Act of 1972 and Proposition 218,
MuniFinancial will prepare an Engineer's Report for the district to, include the following
items:
• Plans and specifications that describe the district, zones and improvements
• Method of apportionment that outlines the special benefit conferred on properties
within the district from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment, as well as a description of the
assessment range formula that establishes the maximum assessment rate in
subsequent fiscal years.
• Budget that outlines the costs and expenses to install, service, and maintain the
improvements including incidental expenses authorized by the Act to operate the
district.
• Assessment diagram that identifies the boundaries of the district.
• Assessment toll containing each of the assessor parcel numbers that comprise the
district and the proportional maximum assessment.
Affidavit stating the report has been prepared by a professional engineer.
2. MuniFinancial will provide the City with an electronic copy of the Engineer's Report for City
staff review and comment prior to City Council action (Intent Meeting). When finalized with
City staff, a final electronic version of the Report will be provided to the City, that the City
Clerk may incorporate into the City Council's agenda package.
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F_
]
3. Prepare resolutions for the Intent Meeting and Public Hearing.
• Intent Meeting Resolutions — Resolution Initiating Proceeding; Resolution
Adopting the Engineer's Report; Resolution of Intention (that sets the Public
Hearing and calls for mailed ballots).
• Public Hearing Resolutions — Resolution Declaring Results of the Balloting;
Resolution Approving the Engineer's Report and Assessment Diagram; and
Resolution Forming the District and Confirming the Leery and Collection of
Assessments.
MuniFinancial will provide the draft resolutions to City staff prior to the City Council
agenda deadline for City review and comment. All draft resolutions should be reviewed by
the City Attorney for form and content prior to finalizing these documents for City Council
action.
4. At the City's request, MuniFinancial will review and comment on the staff reports prepared
by the City in connection with the proposed new assessment proceedings. (Intent Meeting
and Public Hearing staff reports).
5. Attend the City Council "Intent Meeting ", and be available to answer questions the City
Council may have regarding the formation of the district.
6. After the initial presentation to the City Council (Intent Meeting), if necessary, update the
Engineer's Report to reflect changes ordered by the City Council prior to the Public
Hearing.
7. Prepare and mail notices and ballots in accordance with the requirements of the California
Constitution Article %IIID (Proposition 218). MuniFinancial will use the latest property
owner information from the County Assessor's Office secured roll and, as warranted,
incorporate updated ownership and mailing information provided by the City. Prior to
mailing, we will forward samples of the notices and ballots to the City for review and
comment.
MuniFinancial will be responsible for preparing and coordinating the mail merge, printing
and first -class mailing of the notice and ballots. The printed piece will be in black and white
format and will consist of a single page (double - sided) notice of the public hearing
accompanied by a single page (double- sided) ballot and a preaddressed return envelope
(without postage). Notices and ballots shall be marled to property owners of record at least
45 days prior to the Public Hearing.
8. MuniFinancial will attend the Public Hearing before the City Council regarding the proposed
new assessment and under the authority of the City Clerk assist with the tabulation of the
assessment ballots after the close of the public hearing. We have developed proprietary
software capable of tabulating approximately 400 to 700 ballots per hour. MuniFinancial will
provide the balloting results to the City Clerk once tabulation is completed.
9. We will be available by telephone to answer questions regarding the formation process from
City staff and property owners during the course of the formation of the district.
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City Responsibilities
The City will prepare or provide the following, if necessary:
• Provide any information regarding current zoning, existing land uses, and proposed property
development, as required.
• Provide detailed descriptions of the improvements to be included in the district, including a
breakdown of existing improvements and proposed construction and installation plans.
• Provide either electronically or in hard copy, various maps of the City as needed for
MuniFinancial to perform the assessment evaluation, including boundary maps, general plan
maps, improvement maps, zoning maps, assessor parcel maps, subdivision maps, or related
development diagrams.
• Provide all pertinent budget information including estimated construction and installation costs,
projected annual maintenance costs, other capital expenditures, City overhead and available
funding from other sources that can be used to offset costs.
• Provide sample City resolutions in electronic format and in sufficient detail to establish the
required format for resolutions to be prepared by MuniFinancial.
• Prepare all internal memos, staff reports and other supporting documents necessary for City
Council agendas.
• Provide electronic data of district assessor parcel numbers and related development information.
• Arrange for any required publications notice of Council meetings or public hearings in the local
newspaper.
• Review the draft reports and resolutions before the final documents are prepared. This review is
typically performed by Department staff but may include the City Attorney. Requested changes
shall be submitted to MuniFinancial in writing.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and the County and agrees that MuniFinancial shall not be liable for any
inaccuracies contained in such information.
Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide out
professional expertise. Since we do not practice law, we ask that your City Attorney, or other
designated counsel, review the documents. We will assist your attorney in identifying any pertinent
legal issues.
Phase 4: District Administration
Assuming a successful formation of the District, as a part of this proposal MuniFinancial offers to
perform the following Landscaping and Lighting District Administration services.
MumFinancial will:
a. Schedule an annual kick -off meeting with City staff to review the existing district information.
Identify and discuss possible changes to the district for the upcoming fiscal year, including
budget issues, annexations, modification, or expansion of district improvements, as well as
legislative changes that may impact the district.
MuniFnaneial Page 6
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b. Prepare an annual levy timeline identifying key dates and timeframes for pertinent tasks
throughout the levy process. This timeline will be reviewed and discussed with City staff. As
needed, the timeline will also be adjusted to address the City's scheduling requirements or
proposed district changes.
c. Coordinate with City staff to establish the annual budget for the District that ensures
appropriate and accurate cost - recovery accounting. MuniFinancial will assist City staff to prepare
and review the annual district budget; thus ensuring the appropriate incorporation of
maintenance contract costs, administrative expenses, material costs, capital costs, and other
incidental costs into the district budget to achieve maximum cost -to- benefit equity.
MuniFinancial can help to see that adequate and appropriate fund balances are identified. In
addition, MuniFinancial will use the updated parcel databases for the district 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 district, which will be analyzed 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.
d. Maintain and update a parcel levy database by using the parcel information from various sources.
As new data becomes available, update the database and enhance the data through parcel
research using current secured toll information, County Assessor maps, various third -party
resources, and specific information provided by the City (e.g., up -to -date map approval status,
building permits or certificate of occupancy 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 information. This database will then
become the source for the calculation of the annual district assessments.
Based upon their assigned benefit, our MmuMagic software will be used to calculate the annual
assessments for the parcels within the district. 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 County Auditor/ Controller's Office. The same data
can then be used to reproduce databases of assessed parcels in hardcopy, CD -ROM, or other
electronic formats. The County secured roll, Assessor's parcel maps, or any other necessary or
required data sources for the calculation of the annual assessments will then be purchased by
MuniFinancial; and the cost will be passed onto the City.
e. Draft necessary resolutions to be adopted in conjunction with the annual levy of assessments. If
requested, assist City staff in the preparation of staff reports. By applying current legislation,
MuniFinancial will identify and discuss recommended changes to the resolutions with the City.
The City acknowledges that the City Attorney will review all resolutions for form and content, as
is intended.
f. Attend, in addition to the annual kick -off meeting, up to two (2) City meetings, public hearings
and /or staff meetings. MuniFinancial will also be available to answer any questions requested by
staff. Typically, we attend the public hearing; but we have, upon request, included an additional
meeting to address budget issues with staff, or for adoption of the Resolution of Intention.
MuniFinancial staff time for these meetings is included in our fee proposal, while travel expenses
will be billed separately from actual costs incurred. Please see the cost proposal for further
details.
g. Prepare in accordance with the Landscaping and Lighting Act of 1972, and the provisions of
California Constitution Article XIIID (Proposition 218), the district's annual Engineer's Report.
This report will include the following required items:
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MuniFinancial
• •
• A general description of the district, which may include key historical facts, zone
designations and discussion of district benefits;
• A description of the plans and improvement specifications (this may apply to documents to
obtain details on file at the City);
• An estimate of the costs of the improvements (budget);
• A description of the Method of Apportionment (assessment calculation);
• A diagram of the district (provided by the City);
• An assessment of the estimated cost to each parcel; and
• An affidavit stating that a professional engineer has been prepared the report.
h. Provide the City with two (2) bound copies of the full Engineer's Report, including the
collection roll (one [1] for the City Clerk, and one [1] for City staff), and one (1) unbound copy
of the Engineer's Report for staff to reproduce, as needed.
i. Provide assessment amounts for each parcel by Assessor's Parcel Number to the County
Auditor /Controller's Office in the media, format and configuration required by the County for
placement on the annual property tax roll.
j. Provide resolutions ordering the levy, collection of assessments, and any other necessary
information to the County Auditor /Controller's Office.
k. Research the exceptions upon receipt of a parcel exceptions list from the County; and update
parcel number changes, as well as report the revised parcels and updated levy amounts to the
County. As necessary, MuniFinancial will prepare for City staff additional County - required
correspondences relating to the submittal, correction, or removal of assessments to the County
tax roll.
1. Provide the City with a levy summary report comparing budget amounts to the actual applied
levy. This levy summary will include a description of the reasons for any significant variances
between the amounts budgeted, and the amounts actually applied to the County tax toll.
m. Act as primary contact (at the discretion of the City) to answer property owner questions
regarding the district and assessments. MumFinancial typically provides the County our toll-free
telephone number for inclusion on the tax bills for property owners to call with questions.
n. (Optional): Prepare and mail invoices (handbills) to all property owners whose proposed annual
assessment for their parcel could not be applied to the County tax roll (parcels for which the
County does not generate a tax bill). These invoices would be provided in two (2) installments,
similar to the County tax bills, and would be payable directly to the City. This is an optional
service, and the cost associated with this service is not included in the annual fee; but may be
provided at out then- current hourly consulting rates (see "Additional Services" section), plus
expenses.
Page 8
Mun!Financiai
City Responsibilities
As required by law; the City of Arcadia is responsible for publishing the public hearing notices in the
local newspaper, as well as posting these notices.
MuniFinancial will rely on being able to obtain the following information from the City:
• Annual budget information, including estimated fund balances.
• Changes, modifications or updates to the improvements described in the previous year's
Engineer's Report.
• An electronic listing of all parcels within each district for the most recent fiscal year, with the
corresponding parcel information necessary to calculate the assessments.
• Certified copies of the resolution(s) or other documentation required by the County for
submittal of the annual levy.
• Complete list of improvements provided and maintained in each specific zone, and identified in
the current Engineer's Report as being on file in the Engineering Department.
• Updated boundary diagrams, as required.
The City of Arcadia will assist MuniFinancial in obtaining pertinent development information, if
needed.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and the County and agrees that MuniFinattcial shall not be liable for any
inaccuracies contained in such information.
Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide our
professional expertise. Since we do not practice law, we ask that your City Attorney, or other
designated counsel, review the documents. We will assist your attorney in identifying any pertinent
legal issues.
Page 9
MuniFinancial
r
Proposed Timeline
Ll
The following is a timeline of key events proposed for this project. The dates presented in the
timeline are only an estimate of the process based on the preceding scope of services, and may be
modified as needed as the project progresses.
Target Date.
10/01/07 — 10/12/07 Muni begins final analysis of the improvements, budgets and assessments Updates levy database For the project, identifies passible
assessment issues and any additional documentation, maps or information needed.
YreludTnary BuBgec'Li'ty pcowdes- Fudget and detailed "desa:pnon and cost abocatTov mr 0 proposed :mpmvements and"
10/08/07 — 10/12/07
10/15/07 — 10/19/07 Potential Modifications Identified: Muni identifies any possible modifications to the district boundaries or method of
apportionment that may be necessary or recommended to support a special benefit nexus.
11/05/07 — 11/09/07 Initial Assessment Evaluation Finalized: City staff and Muni discuss and finalize the budgets, assessments and revenue
alternatives based on the Assessment Evaluation.
11/12/07 — 11/16/07 Finalize Outreach Strategy: Discuss and Finalize Outreach Strategy, identifying the types of Informational Literature to be mailed
and the scheduling of Workshops.
11/19/07
..
— 11/21/07
Fast draft of the Workshop Notice /Informational Litmmre is provided to the City For review and comment
.._.....__— _.. —._ __._ _... ___..._....
11/26/07
/28/
— 11 28 07
P....... City
Mum provides Ci with an initial draft of [hc En meads Report for ronem and dtscvsvon.
g
11/26/07
— 11/30/07
City provides edits and comments on Workshop Nonce /Informational Literature piece
11/26/07
— 12/14/07
Muni prepares initial draft of documentation for public workshop(s) and assists City with developing the work
12/03/07 —
12/07/07
Workshop Notce /Informational Lnaature pion is finalaed punt to printing
12/10/07
— 12/14/07
Workshop Notice /Informational Ltteawre Mailed: Informational pieces are printed, processed and mailed to property owner
intluding dates wd times of planned workshop(,).
12/17/07
— 01/04/08
Finalize the presentation to be made at the workshop(s).
01/07/08
— 01/11/08
Property Owner Workshop(s) City Staff and Muni conduct workshop(,) to educate the property owners about the proposed
assessments and ballot process.
01 /I4 /13B
— 01/16/08
Workshop Renew City Staff and Muni discuss the input received from property owners and possible modifications to the
district(,), budget(,) or assessments.
01/21/08
— 01/25/08
Muni prepares a final draft or the Engineers Report, incorporating input from the City, the assessment diagram and proposed
assessment roll.
01/28/08 — 01/29/08 Muni provides City with copies of the Engineers Report and Resolutions for final approval
01/28/08 — 02/01/08 Muni prepares Draft (samples) of the Notice(s) and Bdlor(s)
01/30/08 — 02/01/08 Engineer's Report and Resolutions Fin allzedi Muni makes final modifications to the Engineers Report and Resolutions and
delved electronic copies of the Repots and Resolutions to the City for inclusion in the City Council package for the Intent Mating
02/05/08 Agenda Deadline for the Intent Meeting
02/04/08 — 02/08/08 Muni provides City with Draft of the Notice(,) and Ballots) for review and comment
— .._._.. _.._.. .__._ _ded Proceedings; t_.. _n .. _. ..........— ........_
Intern Meeting County adopts three Resolutions 1) Initialing Promedmgs, 2) Adoption of the Engineds Repot[
02/19/08 (Preliminarily approval cf the report and proposed assessments), 3) Resolution of Intent (Setting the Public Hearing date and
02/25/08 — 02/27/08 Muni makes Final revisions to the Notices and Ballots based on City comments.
02/27/08 — 02/29/08 Property Owner Ballots and Notices Wiled: Muni prints, processes and mails the notice and ballot documents Mailed to
property owners of record at least 45 days prior to Public Hearing..
03124108 — 03128108 Muni provides 1) Resolutions to be adopted at the Public Honing
04/15/08 Public Hearing County holds public hearing regarding the Dutnat and ssscssmrnts. After the public testimony has been dosed
(public hearing), the Ballots are then opened and tabulated.
05/06/08 Extended Public Hearing. The previous Hearing may be continued to this date to finalize the ballot tabulation and approval of
the Public Hearing Revolutions.
Page 10
MuniFinaneial
Exhibit "C"
COMPENSATION
(AS ATTACHED)
NOT TO EXCEED ONE HUNDRED FORTY THREE THOUSAND AND TWO
HUNDRED THfRTY DOLLARS AND NO CENTS ($143,230.00)
Fees for Services - Citywi
District Formation and Public Outreach Services
MuniFinancial will perform the work described in our scope of services identified in Phase 1
through Phase 4 for a fixed price fee of $63,640, excluding mailing costs and reimbursable
expenses.
Service
Fee
Phase 1 — Finalize Proposed Assessments
$ 11,590
Phase 2 — Formation Engineering Services
$ 8,250
Phase 4 — Property Owner Balloting
$12,740
TOTAL ENGINEERING /BALLOTING SERVICES
$32,580
Phase 3 — Public Outreach l')
$ 31,060
TOTAL SCOPE OF WORK
$63,640
Optional Services:
Additional Meetings (prepare & present)
$1,860 per meeting
(1) The overall cost for public outreach may be reduced if the City chooses to utilize the services of a
public relations consultant.
Notes.
• Our fees above are based on the fonnation of a cih-wide district that imroh•es approximately
16,500 properties.
• Our fees above include our participation in up to fifteen (15) various meetings including:
a Phase 1: Three (3) planned working meetings with City Staff at the City offices and one (1)
City Council Session.
Phase 2: One (1) City Council Session.
Phase 3: Two (2) working meetings with City staff and five (5) property owner workshops
and or community meetings.
Phase 4: Three (3) City Council Session and Ballot Tabulation.
• Our fees do not include mailing costs (printing, processing and postage) for the notices,
ballots, workshop notices /informational mailer, and FAQ Guide. The cost of these
mailings is estimated to be approximately $0.50 to $2.00 per parcel per mailing. Based on a single
mailing to all properties for the property owner workshops, a separate mailing of a FAQ Guide
to all properties and the mailing of the required notice and ballot, we estimate the total mailing
costs including postage to be between approximately $25,000 - $52,000. (This estimate assumes
all documents will be printed in black and white and not include pictures.)
• Additional meetings or tasks outside our proposed scope of work will require an additional fee.
We will participate in additional meetings requested by the City for the additional fee indicated
above.
Page 13
MmenXinnnrini
r-1
0
Telephone conference calls are not considered "meetings" for the purpose of our proposal and
are not limited by our scope of services.
Reimbursable Expenses
MuniFinancial will be reimbursed for out -of- pocket expenses, at cost. Examples of reimbursable
expenses include, but are not limited to, travel expenses, mileage (currently -48.5¢ per mile), postage
and copying (currently 6¢ per copy). Any additional expense for reports or otherwise from outside
services, will be billed to the agency at our cost with no overhead markup. Reimbursable expenses
for this project based on our proposed scope of services are estimated to be less than $2,000.
Hourly Rates for Additional Services
Additional services authorized by the City of Arcadia will be billed at our current hourly billing rates,
below:
.gl g„
t. %�v *�3] b"
� rk .� �f9. ti-a
M lyc ,w�" ct �t s s veML1211Fs111anClal" '= e' r pi r c
5���1
�i.�a. a� •,n+.v xFXt A�ta'n�`IN"a -�N e riS �x ..�.FYe'�'&Y..ka aRM�Y^J..e,2! i fib. "y4"hN�'c�f:.Y: °L .. a— �"��t�. -� �%:
�3T><t1e
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m:. °�. _Skko.z' a lf-" E
r�€q =Honrly�Rate,Y��
}.0 ^..§ vas...... -au v..'0X Y_r5:..
Division Manager
$200
Principal Consultant
$190
Principal Engineer
$170
Senior Project Manager
$155
Project Manager
$135
Senior Project Analyst
$120
Senior Analyst
$110
Analyst
$90
Analyst Assistant
$75
Property Owner Services Representative
$55
Support Staff
$50
Invoicing
We will invoice the City of Arcadia monthly based on percentage of project completion.
Page 14
MnniFinanrial
0 0
Fees for Services —Area 8
Assessment Methodology & District Formation
MuniFinancial will perform the work described in our scope of services identified in Phase 1, Phase
2 and Phase 3 for a fixed price fee of $14,900, including mailing costs, but excluding other
reimbursable expenses.
:✓cP�f �� 3i'.d ,}um4` T �' ^r✓a `+A�-d'Pr *.Nxi�,"�1 „, A�i
s '�'�Service�k�ES�.,�
AM Ic
yY °gSAd'�Fhhu ;' W'1'"".;
f ��Fee ,^
Phase 1 — Finalize Assessment Methodology
$ 3,100
Phase 2— Public Outreach l'l
$ 4,300
Phase 3 — District Formation
$ 7,500
TOTAL
$14,900
Optional Services:
Prepare & Mail Frequently Asked Question Guide
$2,500
Additional Meetings (prepare & present)
$1,860 per meeting
(1) The fee for public outreach assumes that the invitation mailer for the one public workshop will be a
single -page, double -sided black and white informational piece that provides general background
information on the proposed project. The overall cost for public outreach may be reduced if the City
chooses to utilize a simple postcard invitation instead.
Notes.
• Our fees above are based on the formation of a district that involves a single coterminous
residential development with approximately 213 residential properties.
• Our fees include anticipated mailing costs (printing, processing and postage) for the
notices, ballots and optional FAQ guide The cost of these mailings is estimated to be
approximately $1.50 to $2.00 per parcel.
• The fees above include up to four (L) meetings or presentations as described in Phase 1, Phase 2
and Phase 3 of our scope of services. XVe will participate in additional meetings requested by the
City for the additional fee indicated above.
• Additional meetings or tasks outside our proposed scope of work will require an additional fee.
• Telephone conference calls are not considered "meetings" for the purpose of our proposal and
are not limited by our scope of services.
Reimbursable Expenses (Formation Services)
MuniFinancial will be reimbursed for out -of- pocket expenses, at cost. Examples of reimbursable
expenses include, but are not limited to, travel expenses, mileage (currently 48.5¢ per mile), copying
(currently 6¢ per copy) and postage (excluding postage for the specific mailers identified in our
scope of services). Any additional expense for reports or otherwise from outside services, will be
billed to the agency at our cost with no overhead markup. Reimbursable expenses for this project
based on our proposed scope of services are estimated to be less than $750.
Page 11
M� �niFinanrial
District Administration
The annual administration fee below reflects application of the scope of sen-ices described u1
Phase 4.
�W{ib a iF k �a p� f r
'`
£ L �d<
a
!^*t S ab. i 4 ^d p��.$�,✓?
Cv'' M"y' "• 4 G'�, FiH
fFV njPN
s„�lstrrct�Admmistratlon
Pn
eq.'b�'t!W "v ,
15c Year Administration 1'1
213
$ 500
$ 4,500
On -going Annual Administration
213
per year
l'l Because the Engineer's Report and resolutions for the district formation will be applied for the
first year's annual levy, the first year's administration fees reflect the anticipated effort required to
complete tasks i. thru m. of Phase 4.
The fee shown above will be subject to an increase, which will not exceed the change in the annual
Consumer Price Index (CPI) for the applicable areas as calculated by the United States Department
of Labor.
Reimbursable Expenses (Administration Services)
MuniFinancial will be reimbursed for out -of- pocket expenses, at cost. Examples of reimbursable
expenses include, but are not limited to, postage, travel expenses, mileage (currently 48.50 per mile)
and copying (currently 6¢ per copy). Any additional expense for reports or otherwise from outside
services, will be billed to the agency at our cost with no overhead markup. These expenses are in
addition to our fee quotes for administration services above. Reimbursable expenses for annual
administration services based on our proposed scope of services is estimated to be less than $500
per year.
Mm iniPinnnnini Page 12
0 0
Hourly Rates for Additional Services
Additional services authorized by the City of Arcadia will be billed at our current hourly billing rates,
below:
y MuniFutandal
Hourly Rate Schedule ,
Title
Hourly Rate
Division Manager
$200
Principal Consultant
$190
Principal Engineer
$170
Senior Project Manager
$155
Project Manager
$135
Senior Project Analyst
$120
Senior Analyst
$110
Analyst
$90
Analyst Assistant
$75
Property Owner Services Representative
$55
Support Staff
$50
Invoicing
We will invoice the City of Arcadia monthly based on percentage of project completion.
Paige 13
M��niFinanrial
OR" GINA
CITY OF ARCADIA ^
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ;tt
g %(I day of October , 2006 by
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ('City ") and MuniFinancial, a Corporation with its principal place of
business at 27368 Via Industria, Suite 110, Temecula, CA 92590 ( "Consultant "). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Assessment Engineering
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the Establishment of a
Citywide and/or Santa Anita Oaks neighborhood Street Lighting Assessment District project
( "Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Assessment Engineering consulting
services necessary for the Project ( "Services "). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
Revised 8/04 LM
0
3.1.2 Tenn. The term of this Agreement shall be one (1) year from date of
execution, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates: Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon prior written approval of City. In the event that City and
Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate
this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Chris Fisher, Principal Consultant and Jim McGuire, Senior Project Manager.
Revised M4 LM
2
• 0
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Chris Fisher,
Principal Consultant, or his or her designee, to act as its representative for the performance of
this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its
own cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub - consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re- employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
Revised 8104 LM
3
0 0
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section; provided,
however, that in lieu thereof, the Consultant may provide evidence to the City that all
subcontractors are additional insureds under the Contractor's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees, subcontractors and
volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors,
officials, officers, employees, agents and volunteers as an additional insured with proof of
certificate of insurance that they are an additional insured on the Commercial General Liability
and Automobile Liability Policies. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be when
commercially available (occurrence based) at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage for
premises and operations, contractual liability, personal injury, bodily injury, independent
contractors, broadform property damage, explosion, collapse, and underground, products and
completed operations; (2) Automobile Liability: Insurance Services Office Business Auto
coverage for any auto owned, leased, hired, and borrowed by Consultant or for which
Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Any deductibles or self- insured retentions must be declared to and approved by City and
conform to the requirements provided in Section 3.2.10.6 herein. City, its directors, officials,
officers, employees, agents and volunteers shall be listed as additional insured on the
Commercial General Liability and Automobile Liability Policies.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, with an aggregate limit of $2,000,000. If
Commercial General Liability Insurance or other form with general aggregate limit is used,
either the general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000
combined single limit per accident for bodily injury and property damage; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
4
0 0
Code of the State of California. Employer's Liability limits of $1,000,000 per accident for
bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and
$2,000,000.00 annual aggregate, and shall be endorsed to include contractual liability for
professional negligence.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees and volunteers
shall be covered as additional insured with respect to liability arising out of Services operations
and for completed operations performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work; and (2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its
directors, officials, officers, employees and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, canceled except after thirty
(30) days prior written notice by first -class mail, postage prepaid, of cancellation; provided,
however, that in the event of cancellation due solely to non - payment of premium, ten (10) days
notice of cancellation for non - payment of premium may instead be given to the City.; and (B)
5
any failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers,
employees, agents and volunteers. In addition to the foregoing, Consultant shall provide City
with at least thirty (30) days prior written notice in advance if reduction in coverage below the
limits required herein.
3.2.10.5 Separation of Insureds: No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, admitted to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested.
Copies of all certificates and endorsements must be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.2.10.9 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
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3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a
material element of this Agreement and failure to maintain or renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services rendered
under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein
by reference. The total compensation shall not exceed FIFTY FIVE THOUSAND DOLLARS
AND NO CENTS ($55,000.00) without written approval of City's Public Works Services
Director. This project is based on a pay as you go project. The City can elect to stop the process
at any time and only pay for the work completed to date. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
City:
MuniFinancial
27368 Via Industria
Temecula, CA 92590
Attn: Chris Fisher, Principal Consultant
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner and to the extent arising out of or
incident to any negligent acts, omissions or willful misconduct of Consultant, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation the
payment of all consequential damages and attorney's fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
Revised 8/04 LM
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satisfy any judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding
arising from Consultant's performance of the Services, the Project or this Agreement; except to
the extent that liability is caused by any negligence or willful misconduct by the City or its
directors, officials, officers, employees, agents or volunteers. Consultant shall reimburse City
and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if, any, received by the City, its directors, officials, officers, employees,
agents or volunteers and shall take effect immediately upon execution of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
Revimd 8M LM
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3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, sexual orientation or age. Such non - discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
Revised 8104 LM
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3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By:
William R. Kelly
City Manager
Dated: WV 2006
ATTEST:
ity Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Revittd M4 LM
MuniFinancial
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President & CEO
[Title]
CONCUR:
Departinent� Date
•
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
A -1
SCOPE OF SERVICES
MuniFinancial will perform the following to assist the City of Arcadia in forming a proposed
Citywide Special Assessment District for Street Lighting under the provisions of the Landscaping
and Lighting Act of 1972. The proposed district will incorporate all properties within the City that
receive a direct and special benefit from the maintenance and operation of public street lighting
improvements within the City of Arcadia as well as the establishment of zones of benefit to address
variations in the street lighting improvements throughout the City including areas in which the
annual assessments may include repayment of capital expenditures related to the upgrade or
renovation of the street lighting system.
PHASE 1: PRE-ASSESSMENT PRESENTATION
The goal of this phase of the project is to develop a presentation for the City Council providing
background information regarding the possible formation of a 1972 Act district that could replace
the City's existing 1919 Act district so that the City Council can make an informed decision on an
appropriate course of action. While the initial presentation to the City Council will highlight the
advantages of a 1972 Act District, the process of forming such a district and the provisions of
Proposition 218, the initial presentation to the City Council will only briefly address the general
inequities and limitations of the existing 1919 Act district (A significant amount of research and
review of the City's available documentation regarding the existing district and the specifics of the
City's streetlight system would be required to address more specific issues). The primary objective of
the pre- assessment presentation is to summarize key issues of concern within the existing district
and the possible solutions and alternatives that the 1972 Act provides, as well as the steps that
should be taken toward a successful district formation.
MuniFinancial will perform the following tasks as Phase 1:
a. Meet with City staff to discuss the project specifics as well as the goals and objectives of City
staff to formulate an overall district structure to address the needs of various areas of the City
with regards to street lighting. During this meeting, we will identify documentation and data that
will be necessary to complete Phase 1 of this project as well as additional information and
documentation that will be necessary to complete Phase 2 of this project. We will attend one (1)
project kick -off meeting at City offices.
b. Develop.a draft power point presentation for the City Council that provides and overview of the
City's existing 1919 Act District, the use and flexibility of the 1972 Act and the process and
considerations for implementing such a district (Proposition 218) This draft power point
presentation will be provided to City staff for review and comment prior to the City Council
workshop.
c. Once finalized with City Staff, we will present the pre- assessment power point to the City
Council at one (1) Council study session and be available to assist City staff with answering
questions. While this presentation will provide the City Council with important background
information that will aide in their decision making process and hopefully facilitate their desire to
move forward with the project, this initial presentation is not intended to address specific issues.
(A detailed analysis of the existing district and the street lighting system would be necessary to
address more specific issues).
MuniFinancial rage 11
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Phase 1 Meetings. We will attend two (2) meetings at City offices during the course of Phase 1:
one (1) kick -off meeting with City Staff; and one (1) City Council session to present an overview of
the existing district, the advantages of a 1972 Act district and the process for forming such a district.
Phase 1 Timeline. We estimate that Phase 1 of this scope of work will take approximately two (2)
weeks to complete.
PHASE 2: STREET LIGHTING ASSESSMENT DISTRICT
FORMATION
Because the City Council may require more detailed information about the existing district as well as
some of the specifics for the potential 1972 Act District before fully committing to the formation of
such a district, our approach to Phase 2 of this project is divided into two sub - phases (A and B).
Phase 2A encompasses the detailed engineering analysis that would establish the overall structure of
the district (potential benefit zones), the proposed method of apportioning costs and anticipated
assessments based on the City's estimated budgets. The findings of Phase 2A could be presented to
the City Council for their review and comment before proceeding with the actual formation of the
district that includes the preparation of the Engineer's Report and the Property Owner Balloting
Process.
PHASE 2A: ASSESSMENT METHODOLOGY ANALYSIS
We will evaluate the overall extent of the improvements and maintenance requirements within the
proposed district, the various costs associated with the improvements and service levels and their
relationship to properties within the proposed district to develop an appropriate cost allocation
analysis and district structure based on a specific assessment methodology applicable to the
improvements and services to be provided. Based on previous conversations with City staff, we
anticipate that the proposed district will likely have multiple zones of benefit to address significant
variations in the type and level of street lighting provided in different areas of the City, as well as
addressing costs associated with the installation and /or upgrade of the street light system in various
neighborhoods. We will work with City staff to evaluate the full extent and location of the various
improvements to be maintained and installed to develop a reasonable and defensible benefit nexus
and cost allocation (assessment methodology) for the special benefits received by each parcel within
the proposed district.
Upon completion of our analysis, we will present a recommended district structure and assessment
scenario in summary memorandum format to City Staff for review and discussion. Based on
discussions with City Staff, a final engineering analysis memorandum may be developed for
presentation to the City Council prior to preparing the Engineer's Report.
MuniFinancial will perform the following tasks as Phase 2A:
d. Consult with City staff to obtain lists of specific improvements and maintenance requirements
and budget information related to these improvements. We will attend one (1) meeting at City
offices to discuss these issues and gather needed documentation.
e. Review parcel maps and improvement diagrams provided by the City to evaluate the specific
improvements and maintenance costs for various areas of the City and establish a reasonable
special benefit nexus these improvements have to properties within the proposed district.
Utilizing this information, we will identify a proposed district structure and zone boundaries and
develop a reasonable method of apportionment applicable to the various improvements and
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MuniFinancial
benefiting properties. If necessary, we will participate in one (1) working meeting with City staff
that may include a driving tour of the proposed district to accomplish this task.
f. Using base electronic parcel information provided by the City, develop a district assessment
database that contains all benefiting properties within the proposed district and specific land use
data for each parcel that will be utilized to establish an apportionment of the assessments. This
base data will be updated using parcel information from the current County Assessor's Office
secured roll. MuniFinancial will enhance the data through parcel research and specific
information provided by the City and County.
g. Assist with preparing the district budget, and coordinate with City staff to assist with accurate
accounting cost recovery. Assist City staff with incorporating the actual improvement costs
(including annual and long -term maintenance costs; loan repayment for construction and
installation; and establishment of adequate reserve funds and revenue contributions) into the
district budget to achieve maximum cost -to- benefit equity.
h. Based on variations in benefit within the proposed district, we will prepare a recommended
district structure (benefit zones), a method of apportionment and assessment evaluation for
discussion with the City Staff, including any identified general benefit or other revenue
contributions that may be appropriate. We will present this recommended approach and
resulting assessment rates in summary technical memorandum format for City Staff review. This
document may include the proposed district budget; identification of any proposed zones;
benefit findings; method of spread and related tables and diagrams. When finalized with City
Staff, this memorandum will contain most of the documentation and analysis that will form the
basis of the Engineer's Report to be prepared in Phase 2B of the project. This memorandum
may be presented to the City Council for consideration and comment before moving forward
with Phase 2B.
i. After draft review and consultation with City Staff, at the discretion of City Staff, we can present
our results to the City Council at one (1) Council study session. This presentation will
summarize the results of our technical memorandum and discussions with City Staff. It will also
address relevant information regarding the formation process and more specific
recommendations for public outreach efforts.
Phase 2A Meetings. We will attend up to three (3) meetings at City offices during the course of
Phase 1: possibly two (2) working meetings with City Staff during the course of the project to refine
the district structure and method of apportionment; and one (1) City Council session to present the
Assessment Methodology Analysis technical memorandum results.
Phase 2A Timeline. We estimate that Phase 2A of this scope of work will take approximately ten
(10) to twelve (12) weeks to complete.
PHASE 2B: DISTRICT FORMATION SERVICES
Upon completion of Phase 2A (Assessment Methodology Analysis) and the City's authorization to
proceed, we will prepare the necessary documentation to form the 1972 Act district including
preparation of the required Engineer's Report, Resolutions and the Proposition 218 required notices
and ballots.
MuniFinancial will perform the following tasks as Phase 2B:
a. In accordance with the Landscaping and Lighting Act of 1972 and Proposition 218,
MuniFinancial will prepare an Engineer's Report for the district to include the following items:
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• Plans and specifications that describe the district, zones and improvements.
• Method of apportionment that outlines the special benefit conferred on properties
within the district from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment, as well as a description of the
assessment range formula that establishes the maximum assessment rate in subsequent
fiscal years.
• Budget that outlines the costs and expenses to install, service, and maintain the
improvements including incidental expenses authorized by the Act to operate the
district.
• Assessment diagram that identifies the boundaries of the district.
• Assessment roll containing each of the assessor parcel numbers that comprise the
district and the proportional maximum assessment.
• Affidavit stating the report has been prepared by a professional engineer
b. If necessary, update the preliminary Engineer's Report to reflect changes ordered by the City
Council prior to the public hearing.
c. Prepare resolutions for the Intent Meeting and Public Hearing. We will forward all resolutions to
the City for review. We anticipate a total of six (6) resolutions will be required for this project.
For the Intent Meeting — Resolution Initiating Proceeding; Resolution Preliminarily Adopting
the Engineer's Report; Resolution of Intention (that sets the public hearing and calls for mailed
ballots). For the Public Hearing — Resolution Declaring Results of the Ballots; Resolution
Approving the Engineer's Report; and Resolution Forming the District and Ordering the Leery
and Collection of Assessments. We will also review related staff reports for the Intent Meeting
and Public Hearing.
d. Prepare and mail notices and ballots in accordance with the requirements of Proposition 218.
MuniFinancial will use the latest property owner information from the County Assessor's Office
secured roll and, as warranted, incorporate updated ownership and mailing information provided
by the City. Prior to mailing, we will forward samples of the notices and ballots to the City for
review and comment.
e. At a m;n;mum, we anticipate our participation in at least one public outreach meeting. We will
assist City Staff with preparing for and attend one (1) public information meeting (Public
Information Meeting) to discuss the importance of the district assessments, the improvements
thev fund and to describe the assessment balloting process, as required. This meeting may be in
the form of a public meeting before the City Council or a community workshop conducted by
City staff.
f. Attend the public hearing, and be available to answer questions the City Council may have
regarding the formation of the district.
g. In cooperation with the City Clerk, tabulate the assessment ballots after the close of the public
hearing. We have developed proprietary software capable of tabulating approximately 300 to 500
ballots per hour. MuniFinancial will provide the balloting results to the City Clerk once
tabulation is completed.
h. We will be available by telephone to answer questions regarding the formation process from City
staff and property, owners during the course of the formation of the district.
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Mun!Rnancial
i. Assuming a successful formation of the District, as a part of this scope of work MuniFinancial
will prepare and provide assessment amounts for each parcel by Assessor's Parcel Number to
the County Auditor /Controller's Office in the media, format and configuration required by the
County for placement on the annual property tax roll.
j. Provide resolutions ordering the levy, collection of assessments, and anv other necessary
information to the County Auditor /Controller's Office.
k. Research the exceptions upon receipt of a parcel exceptions list from the County; and update
parcel number changes, as well as report the revised parcels and updated levy amounts to the
County. As necessary, MuniFinancial will prepare for City staff additional County- required
correspondences relating to the submittal, correction, or removal of assessments to the County
tax roll.
OPTIONAL PUBLIC OUTREACH SERVICE
Public Outreach Programs can involve a variety of mechanisms and aspects including but not
limited to mailers, workshops, newspaper articles, and property owner advocacy groups. For most
large districts such as the citywide district contemplated by this project, more substantial public
outreach efforts are often warranted. MuniFinancial can assist with many elements of an outreach
program, but until the assessment analysis of Phase 2A has been completed, it is difficult to estimate
how much effort may be appropriate.
Upon completion of Phase 2A, the City may choose to mail out informational materials or conduct
multiple community meetings to discuss the proposed district and assessments. MuniFinancial does
have proven experience with preparing selected outreach materials, including the development of
Frequently Asked Question (FAQ) guides for mailing to property owners, as well as facilitating
discussions at public workshops.
a. Additional Public Information Meetings: Although our basic scope of work anticipates our
participation in one public outreach meeting, it is likely that more workshops may be required,
especially for areas that their proposed assessments may include reimbursements for
construction costs. As an optional service we will assist City Staff with preparing for and attend
various public information meetings to discuss the importance of the district assessments, the
improvements they fund and to describe the assessment balloting process, as requested by the
City. When the need for such meetings has been determined, MuniFinancial can provide the
necessary services on either an hourly basis or provide a fixed fee quote for such additional
services.
b. Develop and Mail FAQ Guide: For new assessment projects, we often prepare and mail FAQ
Guides to each property owner as pan of an overall education effort for the assessment. Many
of the questions and answers we use in this effort are typical issues raised by property owners.
We recommend that the FAQ Guide be mailed to property owners preparatory to the
community meeting described below and prior to ballot mailing; however, if the City prefers, the
guide can be issued in conjunction with the assessment notice and ballot mailing.
Phase 2B Meetings. We will attend up to two (2) meetings during the course of Phase 2: one (1)
community meeting; and one (1) public hearing.
Phase 2B Timeline. We estimate that Phase 213 of this scope of work will commence upon
completion of Phase 2A, and will take approximately ten (10) to twelve (12) weeks to complete.
(This phase may be expanded if a more substantial outreach effort is needed).
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CITY RESPONSIBILITIES
[-�
The City will prepare or provide the following, if necessary:
• Provide any information regarding current zoning, existing land uses, and proposed property
development, as required.
• Provide detailed descriptions of the improvements to be included in the district, including a
breakdown of existing improvements and proposed capital improvement and installation plans.
• Provide either electronically or in hard copy, various maps of the City as needed for
MuniFinancial to perform the assessment evaluation, including boundary maps, general plan
maps, improvement maps, zoning maps, assessor parcel maps, subdivision maps, or related
development diagrams.
• Provide all pertinent budget information including estimated construction and installation costs,
projected annual maintenance costs, other capital expenditures, City overhead and available
funding from other sources that can be used to offset costs.
• Provide sample City resolutions in electronic format and in sufficient detail to establish the
required format for resolutions to be prepared by MuniFinancial.
• Prepare all internal memos, staff reports and other supporting documents necessary for City
Council agendas.
• Provide electronic data of parcels within the proposed district including assessor parcel numbers
and related development information.
• Arrange for any required publications notice of Council meetings or public hearings in the local
newspaper.
• Review the draft reports and resolutions before the final documents are prepared. This review is
typically performed by Department staff but may include the City Attorney. Requested changes
shall be submitted to MuniFinancial in writing.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and the County and agrees that MuniFinancial shall not be liable for any
inaccuracies contained in such information.
Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide our
professional expertise. Since we do not practice law, we ask that your City Attorney, or other
designated counsel, review the documents. We will assist your attorney in identifying any pertinent
legal issues.
MuniFinancial rage 16
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PROJECT UNDERSTANDING
The City of Arcadia is interested in forming a 1972 Act Landscape and Lighting District in the Santa
Anita Oaks neighborhood to provide funding for the repayment of costs associated with the
proposed installation of upgraded street lights, as well as the ongoing maintenance and operation of
the upgraded street light improvements within this area.
Based on conversations with City staff, the proposed District will incorporate a residential
development consisting of approximately 200 parcels. NXThile the costs associated with the upgrade of
the streetlights in the area is significant, it is likely that the City would provide a loan to the proposed
district for the street light upgrade costs, with the repayment of the loan (plus interest) and ongoing
maintenance to be collected through the annual district assessments. Because the upgrade of the
street lights may vary within the proposed district boundary, a thorough analysis of the planned
improvements and costs will be critical in developing an appropriate district structure, method of
apportionment and assessments.
While it is obviously important to develop a clear benefit nexus and assessments as part of the
engineering analysis, a successful formation requires good communication with the property owners.
It is our understanding that a core group of residents within the area strongly support the project
and will actively participate in promoting the district. Based on this information, our proposal
incorporates our attendance at a single property owner workshop primarily to provide factual
information regarding the assessments and balloting process. In addition to our scope of services for
the formation of the district, our proposal includes a separate scope of work and fees for ongoing
district administration services once the district has been formed.
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SCOPE OF SERVICES
MuniFinancial will perform the following to assist the City of Arcadia in fomzing a special
assessment district under the Landscaping and Lighting Act of 1972. The proposed district will
include the Santa Anita Oaks neighborhood that is currently requesting upgraded decorative lighting
to replace the existing lighting structures. .
PHASE 1: ASSESSMENT METHODOLOGY ANALYSIS
We will evaluate the overall extent of the upgraded lighting and the maintenance and operation
requirements within the proposed district, the various costs associated with the improvements and
service levels and their relationship to properties within the proposed district to develop an
appropriate cost allocation analysis and district structure based on a specific assessment
methodology applicable to the improvements and services to be provided. While the district will
likely have a single zone of benefit, we will work with City staff to evaluate the full extent and
location of the various improvements to be installed and maintained, and develop a reasonable and
defensible benefit nexus and cost allocation (assessment methodology) for the special benefits
received by each parcel within the proposed district.
Upon completion of our analysis, we will present a recommended district structure and assessment
scenario in summary memorandum format to City staff for review and discussion. Based on
discussions with City staff, a final engineering analysis memorandum may be developed for
presentation to the City Council prior to preparing the Engineer's Report.
MuniFinancial will perform the following tasks as Phase 1:
a. Consult with City staff to determine project timeline, lists of specific improvements and
maintenance requirements and budget information related to these improvements. We will
attend one (1) project kick -off meeting at City offices to discuss these issues and the City's goals
and priorities.
b. Review parcel maps and improvement diagrams provided by the City to evaluate the specific
improvements and maintenance costs for the project and establish a reasonable special benefit
nexus these improvements have to properties within the district. Utilizing this information, we
will identify a proposed district boundary and develop a reasonable method of apportionment
that may incorporate more than one zone of benefit if deemed appropriate. If necessary, we will
participate in one (1) working meeting with City staff that may include a driving tour of the
proposed district to accomplish this task.
c. Using base electronic parcel information provided by the City, develop a district assessment
database that contains all benefiting properties within the proposed district and specific land use
data for each parcel that will be utilized to establish an apportionment of the assessments. This
base data will be updated using parcel information from the current County Assessor's Office
secured roll. MuniFinancial will enhance the data through parcel research and specific
information provided by the City and County.
d. Assist with preparing the district budget, and coordinate with City staff to assist with accurate
accounting cost recovery. Assist City staff with incorporating the actual improvement costs
(including annual and long -term maintenance costs; loan repayment for construction and
installation; and establishment of adequate reserve funds and revenue contributions) into the
district budget to achieve maximum cost -to- benefit equity.
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e. Based on variations in benefit within the proposed district, we will prepare a recommended
district structure (possible benefit zones), a method of apportionment and assessment evaluation
for discussion with the City staff, including any identified general benefit or other revenue
contributions. We will present this recommended approach and resulting assessment rates in
summary technical memorandum format for City staff review. This document may include the
proposed district budget; identification of any proposed zones; benefit findings; method of
spread and related tables and diagrams. When finalized with City staff, this memorandum will
contain most of the documentation and analysis that will form the basis of the Engineer's
Report to be prepared in Phase 2 of the project. This memorandum will also outline the
implementation requirements for establishing the new district and may be presented to the City
Council for consideration and comment before moving forward with Phase 2.
Phase I Meetings. We will attend up to two (2) meetings at City offices during the course of
Phase 1.
Phase 1 Timeline. We estimate that Phase 1 of this scope of work will take approximately eight (8)
to ten (10) weeks to complete.
PHASE 2: DISTRICT FORMATION
a. Assessment Engineering and Balloting
1. In accordance with the Landscaping and Lighting Act of 1972 and Proposition 218,
MuniFinancial will prepare an Engineer's Report for the district to include the following
items:
• Plans and specifications that describe the district, zones and improvements.
• Method of apportionment that outlines the special benefit conferred on properties
within the district from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment, as well as a description of the
assessment range formula that establishes the maximum assessment rate in
subsequent fiscal years.
• Budget that outlines the costs and expenses to install, service, and maintain the
improvements including incidental expenses authorized by the Act to operate the
district.
• Assessment diagram that identifies the boundaries of the district.
• Assessment roll containing each of the assessor parcel numbers that comprise the
district and the proportional maximum assessment.
• Affidavit stating the report has been prepared by a professional engineer.
2. If necessary, update the preliminary Engineer's Report to reflect changes ordered by the City
Council prior to the public hearing.
3. Prepare resolutions for the Intent Meeting and Public Hearing. We will forward all
resolutions to the City for review. We anticipate a total of six (6) resolutions will be required
for this project. For the Intent Meeting — Resolution Initiating Proceeding; Resolution
Preliminarily Adopting the Engineer's Report; Resolution of Intention (that sets the public
hearing and calls for mailed ballots). For the Public Hearing — Resolution Declaring
Results of the Ballots; Resolution Approving the Engineer's Report; and Resolution
MurdRI181cW Page 3
Forming the District and Ordering the Lew and Collection of Assessments. We will also
review related staff reports for the Intent Meeting and Public Hearing.
4. Prepare and mail notices and ballots in accordance with the requirements of Proposition
218. MuniFinancial will use the latest property owner information from the County
Assessor's Office secured roll and, as warranted, incorporate updated ownership and mailing
information provided by the City. Prior to mailing, we will forward samples of the notices
and ballots to the City for review and comment.
5. Attend the public hearing, and be available to answer questions the City Council may have
regarding the formation of the district.
6. In cooperation with the City Clerk, tabulate the assessment ballots after the close of the
public hearing. We have developed proprietary software capable of tabulating approximately
300 to 500 ballots per hour. MuniFinancial will provide the balloting results to the City Clerk
once tabulation is completed.
7. We will be available by telephone to answer questions regarding the formation process from
City staff and property owners during the course of the formation of the district.
b. Public Information Meetings. Assist City staff with preparing for and attend one (1) public
information meeting to discuss the importance of the district assessments, the improvements
they fund and to describe the assessment balloting process, as required. This meeting may take
the form of either a public meeting before the City Council or a community workshop
conducted by City staff.
c. Public Outreach. Public Outreach Programs can involve a variety of mechanisms and aspects
including but not limited to mailers, workshops, newspaper articles, and property owner
advocacy groups. Based on previous conversations with the City it is anticipated that most of the
public outreach for this project will be a grassroots effort of several homeowners within the
proposed district. However, as optional services MuniFinancial can assist with some elements of
the outreach phase, but until the assessment analysis of Phase 1 is completed, it is difficult to
estimate how much effort may be appropriate.
Upon completion of Phase 1, the City may choose to mail out informational materials or
conduct community meetings to discuss the proposed district and assessments. MuniFinancial
does have proven experience with preparing selected outreach materials, including the
development of Frequently Asked Question (FAQ) guides for mailing to property owners, as
well as facilitating discussions at public workshops.
Optional Service: Develop and Mail FAQ Guide. For new assessment projects, we often
prepare and mail FAQ Guides to each property owner as part of an overall education effort for
the assessment. Many of the questions and answers we use in this effort are typical issues raised
by property owners. We recommend that the FAQ Guide be mailed to property owners
preparatory to the community meeting described below and prior to ballot mailing; however, if
the City prefers, the guide can be issued in conjunction with the assessment notice and ballot
mailing.
Phase 2 Meetings. We will attend up to two (2) meetings during the course of Phase 2: one (1)
community meeting; and one (1) public hearing.
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Phase 2 Timeline. We estimate that Phase 2 of this scope of work will commence upon
completion of Phase 1, and will take approximately ten (10) to twelve (12) weeks to complete. ('Phis
phase may be expanded if a more substantial outreach effort is needed).
CITY RESPONSIBILITIES
The City will prepare or provide the following, if necessary:
• Provide any information regarding current zoning, existing land uses, and proposed property
development, as required.
• Provide detailed descriptions of the improvements to be included in the district, including a
breakdown of existing improvements and proposed capital improvement and installation plans.
• Provide either electronically or in hard copy, various maps of the City as needed for
MuniFinancial to perform the assessment evaluation, including boundary maps, general plan
maps, improvement maps, zoning maps, assessor parcel maps, subdivision maps, or related
development diagrams.
• Provide all pertinent budget information including estimated construction and installation costs,
projected annual maintenance costs, other capital expenditures, City overhead and available
funding from other sources that can be used to offset costs.
• Provide sample City resolutions in electronic format and in sufficient detail to establish the
required format for resolutions to be prepared by MuniFinancial.
• Prepare all internal memos, staff reports and other supporting documents necessary for City
Council agendas.
• Provide electronic data of district assessor parcel numbers and related development information.
• Arrange for any required publications notice of Council meetings or public hearings in the local
newspaper.
• Review the draft reports and resolutions before the final documents are prepared. This review is
typically performed by Department staff but may include the City Attorney. Requested changes
shall be submitted to MuniFinancial in writing.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and the County and agrees that MuniFinancial shall not be liable for any
inaccuracies contained in such information.
Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide our
professional expertise. Since we do not practice law, we ask that your City Attorney, or other
designated counsel, review the documents. We will assist your attorney in identifying any pertinent
legal issues.
PHASE 3: DISTRICT ADMINISTRATION
Assuming a successful formation of the District, as a part of this proposal MuniFinancial offers to
perform the following Landscaping and Lighting District Administration services.
MumFinancial will:
a. Schedule an annual kick -off meeting with City staff to review the existing district information.
Identify and discuss possible changes to the district for the upcoming fiscal year, including
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budget issues, annexations, modification, or expansion of district improvements, as well as
legislative changes that may impact the district.
b. Prepare an annual levy timeline identifying key dates and timeframes for pertinent tasks
throughout the levy process. This timeline will be reviewed and discussed with City staff. As
needed, the timeline will also be adjusted to address the City's scheduling requirements or
proposed district changes.
c. Coordinate with City staff to establish the annual budget for the District that ensures
appropriate and accurate cost - recovery accounting. MuniFinancial will assist City staff to prepare
and review the annual district budget; thus ensuring the appropriate incorporation of
maintenance contract costs, administrative expenses, material costs, capital costs, and other
incidental costs into the district budget to achieve maximum cost -to- benefit equity.
MuniFinancial can help to see that adequate and appropriate fund balances are identified. In
addition, MuniFinancial will use the updated parcel databases for the district 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 district, which will be analyzed 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.
d. Maintain and update a parcel levy database by using the parcel information from various sources.
As new data becomes available, update the database and enhance the data through parcel
research using current secured roll information, County Assessor maps, various third -party
resources, and specific information provided by the City (e.g., up -to -date map approval status,
building permits or certificate of occupancy 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 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
assessments for the parcels within the district. 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 County Auditor /Controller's Office. The same data
can then be used to reproduce databases of assessed parcels in hardcopy, CD -ROM, or other
electronic formats. The County secured roll, Assessor's parcel maps, or any other necessary or
required data sources for the calculation of the annual assessments will then be purchased by
MuniFinancial; and the cost will be passed onto the City.
e. Draft necessary resolutions to be adopted in conjunction with the annual levy of assessments. If
requested, assist City staff in the preparation of staff reports. By applying current legislation,
MuniFinancial will identify and discuss recommended changes to the resolutions with the City .
The City acknowledges that the City Attorney will review- all resolutions for form and content, as
is intended.
f. Attend, in addition to the annual kick -off meeting, up to two (2) City meetings, public hearings
and /or staff meetings. MuniFinancial will also be available to answer any questions requested by
staff. Typically, we attend the public hearing; but we have, upon request, included an additional
meeting to address budget issues with staff, or for adoption of the Resolution of Intention.
MuniFinancial staff time for these meetings is included in our fee proposal, while travel expenses
will be billed separately from actual costs incurred. Please see the cost proposal for further
details.
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MuniFi118ndW
g. Prepare in accordance with the Landscaping and Lighting Act of 1972, and the provisions of
California Constitution Article XIIID (Proposition 218), the district's annual Engineer's Report.
This report will include the following required items:
• A general description of the district, which may include key historical facts, zone
designations and discussion of district benefits;
• A description of the plans and improvement specifications (this may apply to documents to
obtain details on file at the City);
• An estimate of the costs of the improvements (budget);
• A description of the Method of Apportionment (assessment calculation);
• A diagram of the district (provided by the City);
• An assessment of the estimated cost to each parcel; and
• An affidavit stating that a professional engineer has been prepared the report.
h. Provide the City with two (2) bound copies of the full Engineer's Report, including the
collection roll (one [1] for the City Clerk, and one [1] for City staff), and one (1) unbound copy
of the Engineer's Report for staff to reproduce, as needed.
i. Provide assessment amounts for each parcel by Assessor's Parcel Number to the County
Auditor /Controller's Office in the media, format and configuration required by the County for
placement on the annual property tax roll.
j. Provide resolutions ordering the levy, collection of assessments, and any other necessary
information to the County Auditor /Controller's Office.
k. Research the exceptions upon receipt of a parcel exceptions list from the County; and update
parcel number changes, as well as report the revised parcels and updated levy amounts to the
County. As necessary, MuniFinancial will prepare for City staff additional County- required
correspondences relating to the submittal, correction, or removal of assessments to the County
tax roll.
1. Provide the City with a levy summary report comparing budget amounts to the actual applied
levy. This levy summary will include a description of the reasons for any significant variances
between the amounts budgeted, and the amounts actually applied to the County tax roll.
m. Act as primary contact (at the discretion of the City) to answer property owner questions
regarding the district and assessments. MuniFinancial typically provides the County our toll-free
telephone number for inclusion on the tax bills for property owners to call with questions.
n. (Optional): Prepare and mail invoices (handbills) to all property owners whose proposed annual
assessment for their parcel could not be applied to the County tax roll (parcels for which the
County does not generate a tax bill). 'These invoices would be provided in two (2) installments,
similar to the County tax bills, and would be payable directly to the City. This is an optional
service, and the cost associated with this service is not included in the annual fee; but may be
provided at our then- current hourly consulting rates (see "Additional Services" section), plus
expenses.
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CITY RESPONSIBILITIES
As required by law, the City of Arcadia is responsible for publishing the public hearing notices in the
local newspaper, as well as posting these notices.
MuniFinancial will rely on being able to obtain the following information from the City:
• Annual budget information, including estimated fund balances.
• Changes, modifications or updates to the improvements described in the previous year's
Engineer's Report.
• An electronic listing of all parcels within each district for the most recent fiscal year, with the
corresponding parcel information necessary to calculate the assessments.
• Certified copies of the resolution(s) or other documentation required by the County for
submittal of the annual levy.
• Complete list of improvements provided and maintained in each specific zone, and identified in
the current Engineer's Report as being on file in the Engineering Department.
• Updated boundary diagrams, as required.
The City of Arcadia will assist MuniFinancial in obtaining pertinent development information, if
needed.
The City acknowledges that MuniFinancial shall be relying upon the accuracy of the information
provided by the City and its designees, and agrees that MuniFinancial shall not be liable for any
inaccuracies contained in such information.
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Exhibit "B"
SCHEDULE OF SERVICES
NOT APPLICABLE
B -1
Exhibit "C"
COMPENSATION
ATTACHED
NOT TO EXCEED $55,000.00
Note: This project is based on a pay as you go project. The City can elect to stop the
process at anytime and only pay for the work completed to date.
C -1
t.
COST PROPOSAL
ASSESSMENT METHODOLOGY & DISTRICT FORMATION
MuniFinancial will perform the work described in our scope of services identified in Phase 1 and
Phase 2 for a fixed price fee of $34,950, excluding mailing costs. Mailing costs are not included
in our fixed fee and will be billed to the City at our cost, with no overhead mark -up.
Phase 1 — Pre - Assessment Presentation $3,950
Phase 2 — Street Lighting Assessment District
Formation
Phase 2A — Assessment Methodology Analysis 19,500
Phase 2B — District formation Services 11,500
Total $34,950
Optional Services:
Preparation of Frequently Asked Question Guide $3,000
Additional Meetings (prepare & present) $1,450 per meeting
Notes:
Our fees above are based on the formation of a district that involves all properties within the City
of Arcadia and the formation of a District that does not require more than five benefit zones or
the issuance of bonds. Implementing additional zones of benefit and /or proposing the issuance of
bonds for construction costs can significantly alter the proposed scope of work or effort to
complete various phases of this project and would require modifications to the scope of work and
fees stated above.
Our fees exclude mailing costs (printing, processing and postage) for the notices, ballots and
optional FAQ guide. The cost of these mailings is estimated to be approximately $1.50 to $2.00
per parcel. We will bill the City of Arcadia for mailing services (printing, processing and postage) at
our cost, with no overhead markup.
The fees above include up to seven (7) meetings or presentations as described in our scope of
services. We will participate in additional meetings requested by the City for the additional fee
indicated above.
Additional meetings or tasks outside our proposed scope of work will require an additional fee.
Telephone conference calls are not considered "meetings" for the purpose of our proposal and are
not limited by our scope of services.
I NVO ICI N13
We will invoice the City of Arcadia monthly based on percentage of project completion,
MuniFinancial
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ADDITIONAL SERVICES
Additional services or meetings may be authorized by the City and will be billed at our then -
current hourly consulting rates. Our current hourly rates are:
Division Manager
$190
Principal Engineer
$170
Principal Consultant
$170
Senior Project Manager
$150
Project Manager
$125
Senior Project Analyst
$110
Senior Analyst
$100
Analyst
$80
Analyst Assistant
$65
Property Owner Services Representative
$50
Support Staff
$45
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MuniFinancial
FEES FOR SERVICES
ASSESSMENT METHODOLOGY & DISTRICT FORMATION
MuniFinancial will perform the work described in our scope of services identified in Phase 1 and
Phase 2 for a fixed price fee of $14,000, excluding mailing costs. Mailing costs are not included in
our fixed fee and will be billed to the City at our cost, with no overhead mark -up.
Notes:
• Our fees above are based on the formation of a district that involves a single coterminous
residential development with approximately 200residential parcels.
• Our fees exclude mailing costs (printing, processing and postage) for the notices, ballots
and optional FAQ guide. The cost of these mailings is estimated to be approximately $1.50 to
$2.00 per parcel. We will bill the City of Arcadia for mailing services (printing, processing and
postage) at our cost, with no overhead markup.
• The fees above include up to five (5) meetings or presentations as described in Phase 1 and 2 of
our scope of services. We will participate in additional meetings requested by the City for the
additional fee indicated above.
• Additional meetings or tasks outside our proposed scope of work will require an additional fee.
• Telephone conference calls are not considered "meetings" for the purpose of out proposal and
are not limited by our scope of services.
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DISTRICT ADMINISTRATION
The annual administration fee below reflects application of the scope of services described in
Phase 3.
(t) Because the Engineer's Report and resolutions for the district formation will be applied for the
first year's annual levy, the first year's administration fees reflect the anticipated effort required to
complete tasks i. thru m. of Phase 3.
The fee shown above will be subject to an increase, which will not exceed the change in the annual
Consumer Price Index (CPI) for the applicable areas as calculated by the United States Department
of Labor.
INVOICING
We will invoice the City of Arcadia monthly based on percentage of project completion.
REIMBURSABLE EXPENSES
MuniFinancial will be reimbursed for out -of- pocket expenses, at cost. Examples of reimbursable
expenses include, but are not limited to, postage, travel expenses, mileage (currently 48.5¢ per mile)
and copying (currently 6¢ per copy). Any additional expense for reports or otherwise from outside
services, will be billed to the agency at our cost with no overhead markup.
For Phase 1 and Phase 2, these expenses are included in our fixed price fee quotes, excluding
mailing costs (printing, processing and postage).
For Phase 3, these expenses are in addition to our fee quotes for district administration.
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HOURLY RATES FOR ADDITIONAL SERVICES
Additional services authorized by the City of Arcadia will be billed at our current hourly billing rates,
below:
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