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HomeMy WebLinkAboutCC Resolution 9900 (Pt San Pedro Assessment)RESOLUTION NO. 9900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MUNI FINANCIAL CORPORATION FOR ASSESSMENT DISTRICT CONSULTING SERVICES - PT. SAN PEDRO MAINTENANCE ASSESSMENT DISTRICT 9.7-3 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The City Manager and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, an agreement between the City of San Rafael and Muni Financial Corporation for assessment district consulting services, pursuant to the scope of services outlined in the letter dated July 24, 1997, attached hereto. The form of the final agreement between Muni Financial and the City shall be subject to the review and approval of the City Attorney. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of August, 1997, by the following vote, to wit: AYES• Councilmembers•_Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers:None ABSENT: Councilmembers:None .� 4A E M. LEO CINI, City Clerk AGREEMENT BETWEEN THE CITY OF SAN MUNI FINANCIAL FOR ASSESSMENT CONSULTING SERVICES - PT. SAN PEDRO ASSESSMENT DISTRICT 97-3 RAFAEL AND DISTRICT MAINTENANCE This Agreement is made and entered into this 5th day of August, 1997, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MUNI FINANCIAL CORPORATION (hereinafter "CONSULTANT"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Director of Administrative Services, Ken Nordhoff, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Mr. Mike Bannan is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as outlined in its letter dated July 24, 1997, attached hereto and incorporated herein as Exhibit "A". 3. DUTIES OF CITY. CITY shall cooperate with CONSULTANT in the performance of its duties and obligation under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT pursuant to Exhibit "A", and in no event, in excess of $15,310, including all customary out-of-pocket expenses. 5. TERM OF AGREEMENT. The term of this Agreement shall be from the date of execution of this agreement until completion of the services provided by CONSULTANT. COPY 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8.. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; Page 2 2. An.automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. B. The insurance coverage required of the CONSULTANT by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONSULTANT shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONSULTANT shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONSULTANT and CITY against all liability for injuries to CONSULTANT's officers and employees. Page 3 11. INDEMNIFICATION. CONSULTANT shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONSULTANT or CONSULTANT'S officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Ken Nordhoff Director of Administrative Services (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Page 4 TO CONTRACTOR: Mr. Rick Ashburn, Managing Director Muni Financial Corporation 28765 Single Oak Drive Temecula, California 92590-3661 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. • D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Page 5 18. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 19. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CONSULTANT's taxpayer identification number is 33-0302345, and CONSULTANT certifies under penalty of perjury that said taxpayer identification number is correct. 20. APPLICABLE LAW. Agreement. The laws of the State of California shall govern this Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL City Manager: ATTEST: y Clerk APP , A Okty Attorne !j Contracts.97 Muni Reassess.doc CONSULTANT Name: W EJ Title: 1 ✓ Page 7 EXHIBIT "A" PROPOSAL TO PROVIDE CONSULTING SERVICES RELATED TO THE FORMATION OF A LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT CITY OF SANT RAFAEL Corporate Office 28765 Single Oak Drive Suite 200 Temecula, CA 92590 Tel: (909) 699-3990 Fax: (909) 699-3460 JULY 24, 1997 MuniFinancial www.muni.com Regional Offices ♦ Sacramento • San Francisco ♦ Seattle ♦ West Palm Beach ♦ Washington, D.C. ♦ Chicago MuniFinancial July 24, 1997 Mr. Ken Nordhoff Finance Director City of San Rafael P.O. Box 60 T' San Rafael, CA 94915-0060 Corporate Ofliee 28765 Single Oak Drive. Suite 2(X) Temecula, CA 92590-3661 Phone: (909) 699-3990 Far: (909) 699-3460 Re: Proposal to Provide Consulting Services Related to the Formation of the Point San Pedro Landscape and Lighting Assessment District Dear Mr. Nordhoff: •'P(•a(e(nla -Seattle -San lv1n(cie(n-Chica,Sn -Sarrana-nia -Rnra Rannn Thank you for your continued interest in MuniFinancial. Based on our recent phone conversation I have prepared a proposal that I am confident will meet the needs of the Point San Pedro property owners. The proposal breaks out meetings and other key services so that the fee can be adjusted based on the needs and desires of the property owners. MuniFinancial is anticipating the need for formation services during the fall of 1997 and the spring of 1998. This is reflected in the enclosed - timeline. This proposal includes an overview of MuniFinancial, the qualifications of senior staff, our scope — of services, a fee schedule, staff resumes and client references. We look forward to working with you and your staff to assist the Point San Pedro property owners. Please feel free to phone me if you have any questions or comments. My telephone number is (800) 755-6864. -sincerely, `��VIUNI_FINA CiAl ` Don Webber Associate Director y Enclosure TABLE OF CONTENTS TABLEOF CONTENTS.....................................................................................................................................I THE MUNIFINANCIAL DIFFERENCE...........................................................................................................2 ASSESSMENT ENGINEERING.........................................................................................................2 PUBLIC WORKSHOPS AND COMMUNICATION..................................................................................2 PROJECTMANAGEMENT...............................................................................................................2 PUBLIC FINANCE SPECIALIZATION.................................................................................................3 MUNIFINANCIAL SETS THE ADMINISTRATIVE STANDARDS...............................................................3 LEGISLATIVEACTIVISTS................................................................................................................3 PERSONALIZEDSERVICE..............................................................................................................3 PROFESSIONAL INVOLVEMENT......................................................................................................4 w THE PEOPLE BEHIND THE SERVICES.............................................................................................4 SCOPE OF SERVICES TO BE PROVIDED....................................................................................................6 STATEMENT OF UNDERSTANDING..................................................................................................6 FORMATION OF A LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ......................6 ADDITIONALSERVICES.................................................................................................................8 FEESFOR SERVICES........................................................................................................................................9 FORMATION OF A LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ......................9 EXPENSES...................................................................................................................................9 ADDITIONALSERVICES.................................................................................................................9 SELECTED CLIENT REFERENCES.............................................................................................................10 APPENDIX A—FORMATION TIMELINE APPENDIX B—SENIOR STAFF RESUMES APPENDIX C—COMPREHENSIVE CLIENT LIST APPENDIX D—INSURANCE INFORMATION MuniFinancial Page 1 THE MUNIFINANCIAL DIFFERENCE Assessment Engineering With the passage of Proposition 218, new focus is placed on the assessment methodologies and determination of benefit. This focus, coupled with the new burden of proof provision, has placed new emphasis on technical competency. Our assessment engineers have prepared more than a thousand engineers' reports—giving our MuniFinancial the most comprehensive set of assessment methodologies in the industry. — The requirement of a "special" benefit finding distinct from a "general" benefit is not a radical departure from existing practice and case law. However, since many assessment formulas might not withstand the heightened scrutiny likely resulting from Proposition 218, the identification of w special and general benefit during the review of existing assessment methodologies is very important. The scope of services we have proposed for you includes review of the improvements to identify general and special benefit. Public Workshops and Communication Effective communication with property owners is essential to a positive outcome of any public hearing and assessment process. MuniFinancial realizes the fact that essentially, the district is in place for the benefit of the property owners and that they should enjoy a sense of "ownership". That sense of ownership (or control) by the property owners is achieved through good listening skills as well as verbal and printed communication. MuniFinancial approaches all of our workshops with the sense of entering into a dialogue with the — property owners rather than informing them of what is about to happen. We are looking for input from them as to what they would like to see from the district. In the event we can incorporate their suggestions we have gained them as allies and have developed a team aimed at success. Project Management As a successful consulting firm, we understand the importance of project management and team support. MuniFinancial has successfully guided diverse consultant teams through many projects for the benefit of our clients. These projects include district formations, consolidations, annexations, workouts, refundings and other special projects. As consultants who not only perform formation services but also administration, delinquency -- management, disclosure services and arbitrage rebate calculations, we are able to bring a long term perspective to the challenges facing local agency financing. Our staff of consultants, being recognized in the State as some of the most knowledgeable and capable professionals in the field of public infrastructure financing quickly earns the respect as leaders of any team they manage. MuniFinancial Page 2 Public Finance Specialization Since its inception, MuniFinancial has specialized in the on-going administration of special tax and -- assessment districts; and we now administer more than half of all land-based financing districts in the state of California. As a pure measure of our involvement, the following statistics demonstrate our experience: ♦ Total Districts Levied 730 Total Parcels Levied 700,000 ♦ Total Bond Issues Calculated Arbitrage 700 ♦ Total Bonds Over $15 Billion MuniFinancial Sets the Administrative Standards MuniFinancial has numerous "firsts" associated with its history. Many of these have become standard practice within the industry due to competitive pressures. Among these firsts are: ♦ Full Color Brochure Type Notices of Public Hearings ♦ Toll-free Telephone Number for Property Owners (English and Spanish) ♦ A Comprehensive Annual Special Tax and Assessment District Report ♦ Delinquency Management ♦ Bond Fund Balance Monitoring ♦ Full Bond Call Coordination ♦ Arbitrage Rebate Services ♦ Secondary Market Disclosure and Dissemination Services ♦ Visa and Mastercard Payment for Pay-off Quotes Legislative Activists Our professional consultants frequently discuss issues concerning the California Streets and Highways Code and Government Code with legislative policy makers in Sacramento and have the opportunity to suggest beneficial changes to the California State Senate. Over the past four years, we have averaged 10 to 12 legislative amendments to State Law each year. MuniFinancial is considered a leader in the legislative reform arena for land-based financing districts in California. This year, as in all of the past seven years, it is anticipated that MuniFinancial will initiate the inclusion of additional amendments affecting special district administration. Personalized Service Our success is founded upon a corporate philosophy emphasizing personalized service. MuniFinancial contracts with our clients to provide support services throughout the year --not only during the preparation of the annual levy. In this way, our clients can be assured that constant attention is focused on their districts. MuniFinancial Page 3 Our strong client relationships are a result of constant communication and a commitment to excellence; therefore, we meet frequently with our clients. Our primary objective is to free up limited staff time by reducing the City of San Rafeal's workload and responsibilities. This approach allows us to function as an extension of your staff. Professional Involvement In addition to our commitment to quality service, education, and legislative activism, -- MuniFinancial is highly involved in the public finance arena. Effective partnerships with our clients require that we understand the issues facing public agencies today. Our participation in professional organizations allows us to be proactive with any issue that affects the administration of special districts. We participate in the following professional groups within California (our offices outside of California are active in groups within their region): ♦ Coalition for Adequate School Housing (CASH) ♦ California Society of Municipal Finance Officers (CSMFO) ♦ California Municipal Treasurers Association (CMTA) ♦ Government Finance Officers Association (GFOA) ♦ League of California Cities (LCC) ♦ California Public Securities Association (CalPSA) ♦ California Special Districts Association (CSDA) ♦ California Association of Recreation and Park Districts (CARPD) ♦ International Downtown Association (IDA) ♦ Ad hoc Committee on California Assessments, Special Taxes and Other Financing Facilities (CASTOFF) ♦ California Debt and Investment Advisory Commission (CDIAC) ♦ California Society of Municipal Analysis (CSMA) ♦ National Federation of Municipal Analysis (NFMA) ♦ Municipal Treasurers Association (MTA) The People Behind the Services MuniFinancial is the product of our people. Our 50 employees come to us with a broad array of backgrounds. We would like to briefly highlight a few so that you will better understand the breadth of resources at your disposal as a MuniFinancial client. Each of these experts should be considered "on retainer" for the City—our advice and analysis are rarely billed for over and above — our base administration fees. Resumes for key personnel are listed in Appendix B. The City of San Rafael's Team • Rick Ashburn will act as the director -in -charge with the purpose of global oversight for all activities and ultimate client contact. Mr. Ashburn will be apprised of all significant events related to the project and may attend the more complex client meetings. ♦ Mike Bannan is responsible for special projects and local government organization. Mr. Bannan will be the Project Manager for the Point San Pedro Formation and will coordinate the day-to-day activities. Mr. Bannan will attend all client meetings and will serve as the primary client and property owner contact. MuniFinancial Page 4 cam.,••-'iri �-� ♦ Jim McGuire is a Manager with the responsibility for ensuring efficient work production. Mr. McGuire will work closely with Mr. Bannan to perform necessary functions and develop the work product. Mr. McGuire will provide support in preparing for community meetings and public hearings and may attend client meetings as the need arises. e Kathy Oliva is an Associate who will be assigned to the Point San Pedro Formation team in a support capacity. Her duties will include word processing, data base manipulation and document preparation. Those are just a few of the professionals on whom you can call at any time. MuniFinancial Page 5 SCOPE OF SERVICES TO BE PROVIDED Statement of Understanding The City is desirous of contracting with a professional consulting firm who will provide services related to the formation of a landscape and lighting maintenance assessment district for the area known as Point San Pedro. The City has been approached by representative of the homeowners who have expressed an interest in seeing the improvement of their surrounding areas. The homeowners group may be willing to consider a benefit assessment charged to properties as a means of payment for landscape improvements and maintenance. As a part of this Proposal for the City of San Rafael, MuniFinancial shall perform the following services: Formation of a Landscape and Lighting Maintenance Assessment District MuniFinancial will: 1. Ensure that any actions taken toward the formation of a benefit assessment district will be in compliance with Proposition 218 and the Landscape and Lighting Act of 1992. 2. Prepare a timeline of all -pertinent tasks related to the district formation with key dates and times required for each. 3. Prepare and maintain a parcel database of all parcels to be contained within the district using the parcel information from the current County Assessor's Office secured roll. If necessary, the secured roll will be purchased from the County by MuniFinancial and the cost passed on _ to the City. MuniFinancial will enhance the data through parcel research and specific information provided by the City. MuniFinancial has learned that to rely solely on data from the County Assessor can be costly to any special district. Land-based information utilized to formulate assessments is not always accurate and may hinder the ability to ensure equity in the assessments. 4. Establish a formula for equitably spreading the assessment based on the benefits received by the property. The assessment engineering will consider both special benefits and general benefits. Property owners will only be assessed for special benefits. The method of spread _ will be formulated to ensure complete equity of assessments to all assessable property owners within the District. Zones of benefit will be examined and may be incorporated. 5. In accordance with the Landscape and Lighting Act of 1972, Proposition 218 and the City of San Rafael landscaping and lighting district format, MuniFinancial will prepare the annual engineer's report for the existing district to include the following items: MuniFinancial Page 6 _ A. A brief history of the district and changes. B. Description of improvements/facilities maintained. C. Budget estimates of costs for maintenance of improvements (provided by the City of San Rafael). D. Estimate of assessment to each parcel. E. Method of Spread. F. A listing of parcels within the district and their assessment amounts. G. The assessment diagram. H. A certification page showing preparation by a registered professional engineer. 6. Provide the City with two (2) bound copies of the district final report and collection roll (one for the City Clerk and one for staff). 7. Attend up to two (2) homeowners meetings and/or workshops and be available to answer questions as requested by staff or property owners. 8. Prepare and mail a standard notice of public hearing and protest ballots to conform to all current legislation. A toll-free telephone number will be provided for property owners to call with questions. The City Clerk prior to and during the public hearing will tally ballots. 9. Attend up to two (2) City Council meetings, public hearings, and/or staff meetings and be available to answer questions as requested by staff. 10. Prepare resolutions as necessary and, if requested, assist in the preparation of staff reports. 11. Upon completion of the district public hearing(s) and adoption of the resolution to levy, MuniFinancial will transfer the levy data onto a tape compatible with the County computer system to be used for entering individual parcel levy amounts onto tax bills. 12. File the collection tape, resolution to levy, and assessment diagram with the County Auditor/Controller's office for collection of the assessments. 13. Upon receipt of a parcel exceptions list from the County, MuniFinancial will revise parcel numbers and report the revised parcels and updated levy amounts to the County. 14. Provide the City with a levy summary comparing budget amounts to the actual applied levy. 15. Act as primary contact to answer property owner questions regarding special assessments, assessment districts, noticing procedures, tax bills, etc. MuniFinancial will include in the mailed notices a toll-free telephone number for property owners to call with questions. MuniFinancial Page 7 Additional Services MuniFinancial can: 1. Prepare a custom notice and ballot, informational notice, or newsletter for distribution to the property owners. -- 2. Tally all ballots using proprietary software designed specifically for the purpose. Ballots can be tallied as soon as they are received. MuniFinancial will provide a consultant at the City offices to perform the tally. 3. Send replacement ballots as requested by individual property owners. -- 4. Research and re -mail undeliverable notices and ballots that are returned by the post office. 5. Coordinate with a professional election consultant and pollster hired by the City in order to provide phone survey polls, coordinate with the media, prepare mailing documentation or other services. The polls can aid the City in determining current voter attitudes toward the assessments and identify any rate thresholds. MuniFinancial Page 8 — FEES FOR SERVICES Formation of a Landscape and Lighting Maintenance Assessment District Homeowner Meetings (ea) $ 1,500 Council/Staff Meetings (ea) 1,500 Database Development and Research 3,700 Prepare Engineers Report 2,900 Prepare Assessment Diagram 1,500 Prepare Resolutions 210 $11,310 Expenses MuniFinancial will be reimbursed for out-of-pocket expenses, at cost, not to exceed $1,000.00 per year. Examples of reimbursable expenses include, but are not limited to, minor postage, travel expenses, telephone expenses, mileage (31.54 per mile), and copying ($.06 per copy). Expenses not included in the above are the purchase of assessor's parcel maps, county data tapes, production and mailing of notices, preparation of assessment diagrams or boundary maps. These additional expenses will be billed to the City at our cost with no overhead markup. Additional Services Additional services may be authorized by the City and will be billed at our then -current hourly consulting rates. Our current hourly rates are: Title Hourly Rate Director $180 Associate Director I 125 Manager I 105 Senior Associate I 85 Associate I 65 Support Staff I 45 MuniFinancial Page 9 SELECTED CLIENT REFERENCES Client relationships are extremely important to us. We encourage you to contact any or all of our clients regarding our commitment to personalized service and performance. For your convenience, a partial listing of our clients is provided below. A complete listing of our clients is reflected in Appendix C. PROPOSITION 118 IMPLEMENTATION PUBLIC AGENCY CONTACT PERSON TELEPHONE Coachella Valley Rec. & Park District Don Martin (619) 347-3484 Modesto Charlie Long (209) 577-5223 Palm Desert Paul Gibson (760) 346-0611 Rancho Mirage Cathy Mitten (760) 324-4511 Tracy Jim Raymond (209) 831-4209 MuniFinancial Page 10 APPENDIX A-FORMATION TIMELINE CITY OF SAN RAFAEL FORMATION TIMELINE POINT SAN PEDRO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Target Date PROJECT TASKS 10/13/97 Summarize District and Levy Information 10/20/97 Create Draft Levy Report 11/3/97 Create Preliminary Report 11/10/97 Prepare District Assessment Diagram 11/10/97 Create Resolutions and Notices 11/17/97 Obtain direct and administrative costs from City Staff 12/15/97 Preliminary Reports, Notices and Resolutions Reviewed by Muni Staff 12/22/97 Deliver Preliminary Report, Resolutions and Draft of Notices to City Staff 1/7/98 Property owner Workshop 1/16/98 Implement any changes from Client into Reports, Resolutions, or Notice 3/16/98 Property owner Workshop 3/20/98 City Staff must approve notice and ballot for printing Intent Meeting - Council adopts Resolution Initiating Proceedings, Reviews and approves Preliminary report, adopts Resolution of Intent setting the Public Meeting and Public 4/6/98 Hearing dates MuniFinancial Mails Notice with ballot (45 Days Prior to Public 4/13/98 Hearing) 5/4/98 Public Meeting 5/8/98 MuniFinancial Prepares Final Report 5/15/98 Final Report Reviewed and Delivered Public Hearing - Ballots are tabulated, Council adopts Resolution Amending and or Approving the Final Report, and Resolution Ordering the Formation of the District and Levy and 6/1/98 Collection of Assessments 6/15/98 City Clerk files Assessment Diagram with County City Clerk provides MuniFinancial with a "wet copy" of the adopted Resolution Ordering the Levy and Collection of Assessments for 6/19/98 MuniFinancial to file with the County when submitting the assessment roll 6/19/98 City Staff Request Fund Number from the County 6/26/98 MuniFinancial Updates Levy Database with Secured Roll 7/8/98 MuniFinancial Submits Levy to County 7/15/98 MuniFinancial Researches and Updates Levy Exceptions 7/20/98 MuniFinancial Submits Exceptions to County 10/5/98 Review Applied Levy Information 10/12/98 MuniFinancial Completes Applied Levy Report 10/21/98 Update District Summary Information 10/30/98 Update Database for Following Year's Levy Council meets the 1st and 3rd Mondays of each Month 1 APPENDIX B -SENIOR STAFF RESUMES Our senior -level staff and their respective areas of expertise are provided below for your review. HARRY CLARK is the Chief Executive Officer of MuniFinancial. In that capacity, he is responsible for overall strategic planning and development of the firm. MuniFinancial serves over 200 municipal clients with offices in Temecula, ' Sacramento, San Francisco, Chicago, Seattle, Washington, D.C., and Boca Raton. For the past ten years, Mr. Clark has focused his efforts on the administration of special districts and municipal debt. He is considered a leading expert in the laws and problems related to the administration of municipal debt. Mr. Clark annually initiates the drafting of new legislation affecting bonded assessment districts. On the average, approximately 10 to 20 amendments per year are made due to his efforts. Mr. Clark has published numerous articles and is a frequent speaker for the University of — California, Los Angeles and Davis extension workshops on the administration of special assessment and Mello -Roos districts. He has also been the guest speaker for a variety of professional organizations and has been asked to provide expert testimony to the State Treasurer and the California Debt and Investment Advisory Commission (CDIAC) on matters related to special district administration. Mr. Clark was also awarded Entrepreneur of the Year by Inc. magazine, Ernst & Young, and Merrill Lynch. Mr. Clark has earned a Bachelor of Science and Masters in Business Administration from California State University, Long Beach, and has completed the Massachusetts Institute of Technology (MIT) "Birthing of Giants" program for business owners. LINDA CLARK is Director of Local Improvement District Administration and Client Services for MuniFinancial. Since the firm's inception, she has been involved in the development of the firm and the management of the operations staff. She is an expert in special assessment district administration and has been overseeing Local Improvement District Administration services since 1988. Ms. Clark has strong management and organizational skills. She has been instrumental in auditing and entering large amounts of agency information onto the MuniFinancial system software for easier, more manageable administration; and she has been involved with the on-going training of MuniFinancial staff. Ms. Clark holds a Bachelor of Science degree from the University of Utah and a Masters in Public _ Health Administration from San Diego State University. She was previously a Senior Consultant with a "Big Eight" accounting firm as an efficiency and operations expert. She was also a Vice President of Client Services for a nationwide health care cost containment firm responsible for all client relations and analysis of client accounts. Her responsibilities included management of a large telecommunications system and a conversion from a WANG to a DEC computer system. CARLA STALLING is MuniFinancial's Chief Operating Officer. In that — capacity, she is responsible for all aspects of the day-to-day operations of the firm. All department managers at MuniFinancial report to Ms. Stalling. �w® Ms. Stalling is a frequent presenter on the topic of Mello -Roos Administration. She has lectured at Public Finance Seminars for the University of California Extension. Former State Treasurer Kathleen Brown and the California Debt and Investment Advisory Commission (CDIAC) previously requested her expertise regarding the Mello -Roos Act at their public hearings. In addition, Ms. Stalling provided CDIAC with recommendations regarding Community Facilities District administration by participating on their ad hoc Mello -Roos Act committee and has presented on this subject for the California Society of Municipal Finance Officers (CSMFO). She also has responsibility for legislative review and frequently makes recommendations regarding the on-going administration of Assessment and Community Facilities Districts to the California Research Bureau. Many of her recommendations have been incorporated into the California Government Code. Before joining MuniFinancial, Ms. Stalling worked as an administrator with the systemwide academic senate at the University of California. Her responsibilities included contract, grant and proposal administration; academic policy implementation and modification; and human resource management and budgeting. Ms. Stalling holds a Bachelor of Arts degree in Economics from the University of California and an MBA from California State University. RICK ASHBURN, Managing Director, has overall responsibility for our Municipal Disclosure and Arbitrage Rebate groups, and provides advice to all of q1t our clients on a broad range of public finance matters. He also has direct responsibility for client services in Northern California. Mr. Ashburn has 12 years of experience in public finance, having worked for seven years as an investment banker and four as a financial advisor. He has completed more than 90 financings for local agencies in California, totaling about $1.1 billion. Mr. Ashburn's experience includes assessment and Mello -Roos bonds, COPS, leases, utility revenue bonds, redevelopment finance, and housing bonds. In January 1997, Mr. Ashburn was appointed by California State Treasurer Matt Fong to a two- year term on the California Debt and Investment Advisory Commission's Technical Advisory Committee. He spoke on Municipal Disclosure at the Commission's annual Fundamentals of Debt _ Financing seminar. Mr. Ashburn graduated with High Honors from the University of Maryland with a degree in Economics. He has served as an instructor for several University of California Extension courses on public finance, and has published three articles in the California Debt and Investment Advisory Commission's monthly newsletter, Debt Line. Mr. Ashburn has also testified as an expert witness in civil litigation and before a State Senate Subcommittee. NE� MIKE BANNAN is Associate Director of Special Projects with MuniFinancial. He provides consultative services on public finance, land use economics, government organization, and government service delivery. In this capacity, Mr. Bannan is responsible for the firm's efforts to implement Proposition 218 with its clients. Prior to joining MuniFinancial, he served as Principal Consultant of Christensen & Wallace and Managing Associate of Angus McDonald & Associates, advising public agencies, citizen groups, and developers over the last ten years. Mike has provided substantial California Legislative Committee testimony and input into legislation in his role as expert in local -- government reorganization. Mr. Bannan has extensive experience with financial and cash flow modeling, having developed specialized forecast models for numerous public facilities implementation plans, city and county budgets, military reuse plans, and land use development plans. He was responsible for the fiscal and financial models for the Fort Ord Reuse Plan. The American Planning Association recently presented this Plan with an Award of Excellence. Mr. Bannan holds a Bachelor of Arts Degree in Public Administration from San Diego State University and has completed significant coursework in Quantitative Analysis. He is an occasional lecturer for courses on public finance, organizational management, and project management. JIM MCGUIRE is a Manager in the Special District Services Group of MuniFinancial. His responsibilities include project management for all parcel and property tax revenue audits and supervision of database management for all special district administration projects. Prior to joining MuniFinancial, Mr. McGuire worked ten years as a sub -contractor for several Southern California utility companies in the areas of project management, focusing on the design and planning for the implementation and installation of utility systems. He also has nine years of experience as Operations Supervisor with a major amusement park in Southern California. Mr. McGuire holds a Bachelor of Science degree from the University of California at Irvine. SCHOOL DISTRICTS Antioch Unified School District Auraria Higher Education Center, CO Calexico Unified School District Carlsbad Unified School District Central School District Chaffey Unified School District Chehalis School District, WA Chino Unified School District Colton Joint Unified School District Corona -Norco Unified School District Delhi Unified School District Eagle County School District, CO Fairfield -Suisun Unified School District Fontana Unified School District Hemet Unified School District Jurupa Unified School District Lincoln Unified School District Moreno Valley Unified School District Mountain View School District Murrieta Valley Unified School District Orange Unified School District Oregon Graduate Institute, OR Oxnard Unified School District Perris Unified School District Redlands Unified School District Redlands University Rim of the World School District Riverside County Office of Education San Marcos Unified School District Ventura Regional School District Vista Unified School District Walnut Valley Unified School District Yucaipa Calimesa Joint USD J APPENDIX C -COMPREHENSIVE CLIENT LIST -r STATES State of Montana Oklahoma Capitol Improvement Auth. COUNTIES Alameda County Placer County_ Calaveras County San Bernardino County Lake County San Luis Obispo County Los Angeles County San Francisco County Marin County Sonoma County Mesa County, CO Sutter County Nevada County SCHOOL DISTRICTS Antioch Unified School District Auraria Higher Education Center, CO Calexico Unified School District Carlsbad Unified School District Central School District Chaffey Unified School District Chehalis School District, WA Chino Unified School District Colton Joint Unified School District Corona -Norco Unified School District Delhi Unified School District Eagle County School District, CO Fairfield -Suisun Unified School District Fontana Unified School District Hemet Unified School District Jurupa Unified School District Lincoln Unified School District Moreno Valley Unified School District Mountain View School District Murrieta Valley Unified School District Orange Unified School District Oregon Graduate Institute, OR Oxnard Unified School District Perris Unified School District Redlands Unified School District Redlands University Rim of the World School District Riverside County Office of Education San Marcos Unified School District Ventura Regional School District Vista Unified School District Walnut Valley Unified School District Yucaipa Calimesa Joint USD MUNICIPALITIES AND COMMUNITY SERVICES DISTRICTS City of Alhambra City of Antioch City of Arcata City of Arvin City of Atascadero City of Auburn City of Aurora, CO City of Banning Bel Marin Keys CSD City of Benicia Big Bear City CSD City of Big Bear Lake City of Blaine, WA City of Brentwood City of Buena Park City of Burbank City of California City City of Calimesa Cameron Park CSD Canaveral Port Authority, FL City of Camarillo City of Campbell City of Carlsbad City of Cathedral City City of Ceres City of Champaign, IL Channel Islands Beach CSD City of Chico City of Chino City of Chino Hills City of Chula Vista City of Clayton City of Clearlake City of Clovis City of Coachella City of Coalinga City of Colton Town of Corte Madera City of Cupertino Town of Danville City of Downey City of Delano City of El Cerrito El Dorado Hills CSD City of Emeryville City of Escondido City of Fairbanks, AK City of Fairfield City of Fillmore City of Folsom City of Fontana City of Foster City City of Fresno City of Fullerton City of Galt City of Gilroy City of Grass Valley City of Half Moon Bay City of Hawthorne City of Hayward City of Highland City of Hollister City of Indian Wells City of Indio City of Irwindale City of Issaquah, WA City of King City City of Laguna Beach City of Lakeport City of Lancaster City of La Quinta City of Larkspur City of Las Vegas City of Lathrop City of Livermore City of Livingston City of Long Beach City of Los Angeles City of Mammoth Lakes City of Manteca City of Marysville, WA City of Mission Viejo City of Modesto City of Monrovia MUNICIPALITIES AND COMMUNITY SERVICES DISTRICTS City of Monterey City of Moreno Valley City of Morgan Hill City of Murrieta City of Napa City of Naperville, IL City of Newport Beach City of Oakland City of Orange Cove City of Oroville City of Palmdale City of Palm Desert City of Palm Springs City of Palo Alto City of Paso Robles City of Perris City of Pismo Beach City of Pittsburg City of Placentia City of Placerville City of Pleasanton City of Pomona City of Porterville City of Rancho Cucamonga City of Rancho Mirage City of Redding City of Renton, WA City of Rialto City of Richmond City of Riverbank City of Rocklin City of Roseville City of Sacramento City of San Bernardino City of San Carlos City of San Clemente City of San Francisco City of San Jacinto City of San Joaquin City of San Juan Capistrano City of San Leandro City of San Rafael City of San Ramon City of Seaside City of Shasta Lake City of Simi Valley City of Sonora City of South Lake Tahoe City of South San Francisco City of Springfield, IL City of Stanton City of Stockton Stones-Bengard CSD City of Suisun City Sutter CSD City of Tehachapi City of Temecula Temecula CSD City of Thousand Oaks City of Timber Cove City of Tracy City of Tulare City of Tustin City of Vacaville City of Vallejo City of Visalia City of Vista City of Wasco City of West Covina City of West Sacramento City of Westminster City of Wheatland City of Williams City of Woodland City of Yuba City OTHER AGENCIES Big Bear Area Waste Water California Pollution Control Fin. Authority Coachella Valley Rec. & Park District Dana Point Sanitation District Diehl, Evans & Company Fairbanks Mun. Utilities System, AK Hoyman, Dobson & Company, FL Los Angeles County Transit Agency Marin County Open Space District Midway City Sanitation District Newport Beach Employee League Nipomo Community Medical Center North City West School Facil. Fin. Agency Norwest Inv. Mgt. & Trust, NM Oklahoma Capital Improv. Authority, OK Orange County LAFCO Palos Verdes Library District Pierce Co. Housing Authority, WA Pierce Co. Library District, WA Ramona Cemetery District Related Capital Company, NY San Bernardino RDA San Diego Consortium and PIC San Diego Metro Transit Dev. Board San Elijo JPA San Rafael Sanitation District Shasta Dam Public Utility District Redlands University Rockwin Corp. Smith Creek Metropolitan District, CO So. Lake Tahoe Public Utility District Stockton Reclamation District #2042 Sunset Haven, Inc. Tracy Area Public Facil. Fin. Authority Trinity County Public Utility District Tracy Material Recov. & Solid Waste Transf. University of Colorado Hospital Auth. University of California, Riverside Vallejo Sanitation & Flood Waste Management/Desert West Covina Redevelopment Agency WATER DISTRICTS Alderwood Water District, WA Calaveras County Water District Castroville County Water District Chino Basin Water District Coachella Valley Water District Eastern Municipal Water District Indian Wells Valley Water District Mammoth Community Water District Moulton Niguel Water District Murrieta Water District Palmdale Water District San Diego County Water Authority Santa Nella County Water District Sweetwater Authority Timber Cove County Water District Trabuco Canyon Water District Windsor Water District Yucaipa Valley Water District APPENDIX D-INSURANCE INFORMATION Type of Insurance Workers Compensation Insurance Professional Liability Insurance General Liability Insurance Coverage Amount $1,000,000.00 2,000,000.00 1,000,000.00