HomeMy WebLinkAboutHarris & Associates; 2004-04-02;AMENDMENT NO.l TO AGREEMENT
FOR ASSESSMENT DISTRICT ADMINISTRATION AND ENGINEERING SERVICES
HARRIS & ASSOCIATES
This Amendment No.1 is entered into and effective as of the day of
, 2004, amending the agreement dated January 30, 2003 (the
“Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Harris
& Associates, a corporation, (“Contractor“) (collectively, the “Parties”) for assessment district
administration and engineering services.
A&\\
RECITALS
A. The Parties desire to alter the Agreement‘s scope of work by adding the administration
of the new Street Lighting and Landscape Maintenance District No. 2, including annexation
services for various developments occurring throughout the City; and
B. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit “A“, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit “A”.
2. City will pay Contractor for all work associated with the services described in
Exhibit “A on a time and materials basis as follows:
0
Task 1 - Administration Services (Scope Items 1-5)
Task 2 - New Annexation Services
$3,500 per year for four years
Annexations will be done on an as-needed basis, with no more than six annexations per
year, at a cost of $3,000 per developer per annexation.
Time and materials as needed, not to exceed $3,000 per year.
The total for the above services and fees shall not exceed ninety-eight thousand dollars
($98,000).
Annexation Review (Scope Item 6)
3. Contractor will complete all work described in Exhibit “A by January 30, 2008.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.01
1
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor
ATTEST: sz;-a
‘CRRAINE M. WOOD
City Clerk
**By:
(sign here)
(print name/title)
(e-ma i I address)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: Deputy City Attorney
City Attorney Approved Version #05.22.01
2
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
Scope of Services for Administration of Street Lighting and Landscape Maintenance District No.
2 dated January 20,2004 attached.
City Attorney Approved Version # 05.22.01
3
January 20,2004
Exhibit A
Harris & Associates
Mr. Kevin Branca
Assistant Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Re: Assessment Engineering Services for the Administration of Street
Lighting and Landscape Maintenance District No. 2
Program Managers
Construction Manager
Civil Engineers
.-, ..._
Dear Kevin,
The following is our proposal for the administration of the new Street Lighting and Landscape Maintenance
District No. 2, including annexation services for various developments occurring throughout the City.
The following is our proposed scope of services, as well as a proposed fee.
SCOPE OF SERVICES
Task 1 - Administration Services
1.
2.
3.
4.
5.
6.
Coordinate with the City of Carlsbad and the San Diego County Assessor’s Office to obtain all information
needed to provide the services, such as Assessor’s parcel maps, Assessor’s files, copies of secured roll,
boundary maps, budget information, historical data, etc.
Update the assessment district database from the latest information available, including recent annexations
and parcel development.
Assist with the annual assessment district budget and prepare the preliminary Engineer’s Report for review
and comment. Coordinate with City regarding the preparation of the annual Assessment Diagram. Prepare the
final Engineer’s Report for consideration at the City Council meeting conducting the public hearing. Attend
the City Council meetings considering the Resolution of Intention and the public hearing, and provide
technical support and answer questions.
After confirmation of assessments, prepare Assessment Rolls in electronic format, as required by the County
Auditor-Controller for inclusion of assessments on the property tax bills. Submit the rolls to the County and,
after receipt of the County’s exception report, make any required corrections.
Provide a toll-free 800-telephone number and respond to telephone calls from property owners regarding the
ongoing collection of assessments.
Review and evaluate all “Agreements Regarding Annexation of Certain Real Property to Street Lighting and
Landscape District No. 2,” and recommend the appropriate maintenance district in which to place the parcels
associated with each agreement, Street Lighting and Landscape District No. 1 or No. 2.
Task 2 - New Annexation Services
The City has modified its annexation procedures for developments occurring in the City to require the signing of
Consent and Waiver Forms for annexation into Street Lighting and Landscape Maintenance District No. 2. The
Consent and Waiver Form requires the calculation of the estimated maximum annual assessment for each of the
parcels that will be assessed based on current cost information and type and quantity of improvements.
Q:Vroposals\CARLSBAD\72 & 82 adminUlmd2 admin prop.doc
17140 Bernard0 Center, Suite 212 San Diego, California 92128-2093 (858) 674-5552 FAX (858) 674-5553 www.harris-assoc.com
. Mr. Kevin Branca
City of Carlsbad
January 20,2004
Page 2
Exhibit A
7. For each potential new annexation, receive from the City the new development information showing the area
to be included and the anticipated future configuration and use of the parcels, the locations of street lights,
medians and/or street trees proposed to be maintained, the different levels of maintenance, if any, and budget
requirements for the current fiscal years.
8. Analyze the locations of the improvements proposed to be maintained to determine the specially benefiting
parcels and the method of apportioning costs, and whether a new zone of benefit should be established.
9. Provide the following exhibits to the Annexation Agreement: Exhibit B (Description of the Improvements),
Exhibit C (Assessment Calculation Sheet), and Exhibit D (Assessment Ballot).
10. Assist the City as necessary with questions from the developers.
Responsibilities of the City
City to designate a responsible official to manage and coordinate the project.
Make available to Harris all available data, information, reports, maps, plans, specifications, cost estimates
and other reasonable information for the proper performance for Harris' services.
Provide (or have developer provide) maps of the development plan and proposed improvements.
Prepare the annual Assessment Diagram, showing all zones of benefit within the assessment district.
Prepare all resolutions and notices of public hearings or other meetings to be published by City Clerk, and
schedule and agendize City meetings and hearings as required by law.
Provide qualified legal counsel to draft legal notices, review resolutions, etc., and to provide legal advice to
City staff and to the Assessment Engineer as required.
FEE
Based on our knowledge and understanding of the City's project and the scope of work outlined herein, Harris &
Associates will provide the services indicated in the Scope of Services as follows.
Task 1 - Administration Services (Scope Items 1 - 5) .................................... $3,500 lump sum
Annexation Review (Scope Item 6) ............................... time and materials as needed
per Harris' current schedule of hourly rates
Task 2 - New Annexation Services ........................................ $3,000 lump sum per annexation
Attendance at meetings as described in the Scope of Work and indirect expenses (such as
mileage, duplicating and postage) are included in the lump sum fees and hourly rates.
Harris & Associates will commit to the above fees for a 4-year period.
Invoices will be submitted monthly for services provided during the previous month. Payments are to be made by
the City within 30 days of receipt of invoice. Contract provisions will be per our existing contract with the City.
Q:Wroposals\CARLSBAD\72 & 82 adminUlmd2 admin prop.doc " 1 Harris & Associates n
Exhibit A . Mr. Kevin Branca
. CGy of Carlsbad
January 20,2004
Page 3
If you have any questions regarding this proposal, we would be pleased to discuss them at your convenience. I can
be reached at 800-827-4901 ext. 337.
Sincerely,
Harris 81 Associates c Joan E. Cox, PE
Associate / Project Manager
Q:Vroposals\CARLSBA\72 & 82 adminUlmd2 admin prop.doc ICI I Harris 81 Associates n
AGREEMENT FOR ASSESSMENT DISTRICT ADMINISTRATION AND ENGINEERING SERVICES
HARRIS & ASSOCIATES
---" 3-q THIS AGREEMENT is made and entered into as of the 30- day of
, 2003, by and between the CITY OF CARLSBAD, a municipal
corporation, ity"), and Harris & Associates, a corporation, ("Contractor").
RECITALS
A. City requires the professional services of an Engineering Firm that is
experienced in assessment district administration and engineering services.
B. Contractor has the necessary experience in providing professional
services and advice related to assessment district administration and engineering
services.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of five (5) years from the date
first above written, subject to the annual appropriation of funds by the City Council of the
City of Carlsbad (City Council). If the City Council does not appropriate funds for any
fiscal year during the five (5) year term, this agreement will terminate consistent with
paragraph one on clause 20, Termination, below. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement
1 City Attorney Approved Version #04.01.02
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be ninety thousand dollars ($90,000) with payments due within 30 days of invoice
not to exceed the cumulative percentages shown in Exhibit A. No other compensation
for the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The.City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or Services specified in Exhibit "A.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
2 City Attorney Approved Version #04.01.02
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to-property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or city^ Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3 City Attorney Approved Version #04.01.02
10.1.3 Workers' ComDensation and EmDlover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim and policy
aggregate. Coverage must be maintained for a period of five years following the date of
completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability.
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
4
City Attorney Approved Version #04.01.02
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors,
in electronic form, or otherwise, pursuant to this Agreement is the property of City. In
the event this Agreement is terminated, all work product produced, including electronic
form, by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one
(1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City. ” -
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv:
Kevin Branca
Assistant Finance Director
Finance Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
760-602-241 8
For Contractor:
Jeffrey M. Cooper, PE
Vice President
Harris & Associates
17140 Bernard0 Center
Suite 212
San Diego, CA 92128-2093
800-827-4901
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
5 City Attorney Approved Version #04.01.02
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
6
City Attorney Approved Version #04.01.02
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea, the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
7 City Attorney Approved Version #04.01.02
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
Ill
(Remainder of the page intentionally left blank)
8 City Attorney Approved Version #04.01.02
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corooration of the State of California
- -JOAAJ I C2x. AssoctATT- -
(print namehitle) ATEST:
(print namehitle)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
9
City Attorney Approved Version #04.01.02
EXHIBIT “A”
SCOPE OF SERVICES
> Coordination with the City of Carlsbad and the San Diego County Assessor’s
Office to obtain all information needed to provide the services requested,
such as assessor’s parcel maps, assessor’s files, copies of secured rolls,
boundary maps, budget information, historical data, etc.
> Establish computer programs and update the City of Carlsbad’s database for
changes to assessor parcels as currently shown on the San Diego County
parcel maps. The update should include land divisions, ownership, mailing
addresses and adjusted benefit units.
> Assist with and present material at public meetings and workshops, in
addition to public hearings, to discuss the District services, budgets,
compliance with Proposition 21 8, and any concerns generated by property
owners. This also entails assistance with the preparation of agenda bills and
resolutions.
> Ability to assist City of Carlsbad staff in preparing their annual operating
budget by providing a preliminary engineer’s report by April 15‘h annually.
The report will be reviewed by staff and modified if necessary. The report
should include, but is not limited to: method of spread, description of the
district and service levels, budget and levy summary, district services and
charges, changes and modifications to the district, diagram of the district, and
method of apportionment.
> Analyze the calculation of the General Benefit portion of each Improvement
Zone, and recommend alternative methodologies to calculate these amounts.
> Review current annexation processes for each Improvement Zone within the
District to assure compliance with Proposition 218.
> Prepare and submit a Final Engineer’s Report, with information indicated in
the point above by no later than May 31‘‘ of each year.
> Prepare, print and mail public hearing notices and explanatory information in
conjunction with adoption of the rates and charges. The City will pay postage
for any noticing that may be required.
> Prepare and submit to the San Diego County Assessor’s Office by their
deadline, a magnetic tape, or other media that is compatible with the County,
for its use in entering individual parcel levy amounts onto the tax bill, included
with the enabling resolution.
compliance with Proposition 218, Authorized Signature to Request Changes
> Prepare for staff, required correspondences, including, but not limited to:
10
City Attorney Approved Version #04.01.02
to the Tax Roll and Correction of Fixed Charges letter required by the County,
and Declaration of Mailing of Public Notices.
9 Upon receipt of a parcel exemptions list from the County, revise parcel
numbers and report the remaining levy amounts to the County Assessor’s
Office.
9 Correct and resubmit installment amounts that are rejected by the County
Assessor’s Office.
> Provide a toll-free customer service phone number (to be operated Monday -
Friday 8am - 5pm) for use by the City of Carlsbad and all property owners.
Staff should be available to answer questions regarding the formation of the
district, the general purpose of each Special District Improvement Zone, the
general methodology for calculating the assessment and ongoing collection of
assessments. Calls to voice mail shall be returned within one business day.
> Make all necessary adjustments for annexations into the District.
> Throughout the fiscal year, provide segregation services for the County and
reapportion the assessments to new parcel numbers.
> Provide computer printout and CD to City of Carlsbad staff listing the
“Noticed” levy amounts for each assessor’s parcel number and certain
information requested by the City of Carlsbad that may include, but not limited
to: acreage, land use codes, number of dwelling units, owner information,
situs address, etc.
9 Provide all the same services as called out in this agreement for areas which
may at some time in the future be annexed into the District.
P Assist with appeals procedure and make necessary revisions to the database
as directed by City of Carlsbad staff.
9 Assist staff in preparing long-term projections on the future costs and
assessments for the individual Improvement Zones in the District.
11
City Attorney Approved Version #04.01.02
Fee Schedule
The maximum annual fees to be paid under this agreement are as follows:
Street Lighting and Landscaping district No. 1
Street Lighting Improvement Zone ............................. $6,000 per year
Street Tree Improvement Zone ................................. $2,500 per year
Median Landscaping Improvement Zone .................... $6,000 per year
Buena Vista Channel Maintenance District Benefit Area No. 1 . $3,500 per year
Pavment Schedule
(Cumulative Percentages)
The fees for the work performed for each district or zone will be invoiced monthly
for services performed during the previous month, not to exceed the cumulative
percentages shown below based on the completion of the following milestones:
Preliminary Engineer’s Report ............................... 30 Yo
Final Engineer’s report ......................................... 50 Yo
Council Meeting adopting Resolution of Intention ...... 55 %
Public Hearing ................................................... 60 %
Initial Submittal of Assessments to County.. ............. 85 %
Final Submittal of Assessments to County ............... 100 %
12
City Attorney Approved Version #04.01.02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of 6s
6/9L/Fa/r&& !)
On rMLrM 3 I sm 3 before mz,&Ue /cs &MA-+ , dDZ+'A4/ k&ac
personally appeared /JQAx/ (2 OY &Am 27- N/s- AH~~04
Nams and TMe of Mficer 1e.g.. "JadOm.. Nnary Public?
Namela) 01 Signerlr)
Mpersonally known to me - t o be the person(s)
who,-e within instrument
and acknowledged to me that Re/eRe/they executed the
same in hidbedtheir authorized capacity(ies), and that by
hidkerltheir signature(s) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: d//O.? 1-3 Number of Pages: /a
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
$OC//k?Z
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
1994 National Nofary Auociatlon 6236 Remm Me., P.0. Box 71 84 Canma Par*, CA 91309-7184 Pmd. NO. 5907 RBO~BT Call Toll-Free 1-800878.6827
Signer's Name:
0 Individual
soc/m
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator
0 Other:
I I
Signer Is Representing: