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:
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Title:
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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