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HomeMy WebLinkAboutAGENDA REPORT 2025 1015 CC REG ITEM 09CCITY OF MOORPARK, CALIFORNIA City Council Meeting of October 15, 2025 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2025- 4356. (ROLL CALL VOTE UNANIMOUS) BY A. Hurtado. C. Consider Agreement with SCI Consulting Group for Fiscal Impact Analysis and Citywide Community Facilities District (CFD) Formation Services; and Consider Resolution Amending the Fiscal Year 2025/26 Budget by Appropriating $54,450 from the General Fund. Staff Recommendation: 1) Approve Agreement with SCI Consulting Group in the amount of $54,450 for Fiscal Impact Analysis and Citywide Community Facilities District (CFD) Formation Services and authorize the City Manager to sign the agreement, subject to final language approval by the City Manager; and 2) Adopt Resolution No. 2025-4356 amending the Fiscal Year 2025/26 budget to appropriate $54,450 from the General Fund. (Staff: Jeremy Laurentowski, Parks & Recreation Director) (ROLL CALL VOTE REQUIRED) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 10/15/2025 Regular Meeting SUBJECT: Consider Agreement with SCI Consulting Group for Fiscal Impact Analysis and Citywide Community Facilities District (CFD) Formation Services; and Consider Resolution Amending the Fiscal Year 2025/26 Budget by Appropriating $54,450 from the General Fund BACKGROUND The City has a long-standing history of forming Landscape Maintenance Districts (LMDs) to cover the costs of certain improvements. Initially, in 1984, a Landscaping and Lighting Maintenance Assessment District No. AD 84-2 (AD 84-2), encompassing the entire City, was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District established by the County of Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit (Zones) were added to fund improvements and the maintenance of certain specific areas. Later, these Zones were changed to Districts 1 through 12. Since 1984, as new developments have been built, the City has formed additional Districts to fund the maintenance of certain improvements. Although the creation and the management of the City’s LMDs have generally been successful, they do not offer the flexibility that the City will need to fund improvements as it moves towards ultimate buildout. This is due to the fact that the City does not have the financial capacity to subsidize maintenance costs associated with future development, such as street maintenance, public parks, or other improvements within the City’s rights- of-way. However, Community Facilities Districts (CFDs) provide an alternative to assessments by authorizing the levy of a special tax to fund a greater range of authorized improvements and services, without the requirement for the City to contribute for general benefits as is required for assessments. The Mello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the City to form a CFD to finance the cost of providing essential municipal services (“Services”) associated with new development. These services include the annual operation and maintenance, including repair and replacement of parks, open space, wetlands, Item: 9.C. 58 Honorable City Council 10/15/2025 Regular Meeting Page 2 landscape corridors, and other landscaped areas, storm drainage facilities, roads, street lighting, pathways, trails, recreational facilities, monument signage, decorative features, public artwork, and associated infrastructure within the CFD, and any other miscellaneous or incidental services identified by the City necessary to provide the services including the collection and accumulation of funds to pay for anticipated services, future repairs and replacements, and cost shortfalls. On April 16, 2025, staff presented an agenda report to the City Council regarding the creation of a Citywide CFD. A Citywide CFD can be structured with the potential to expand through future annexation areas. As new developments are built in the City, they would be added to the Citywide CFD as Tax Zones. Because the Act authorizes a wide range of facilities and services that could potentially be included in the Citywide CFD, the City Council directed staff to bring back a future agenda report regarding the creation of a Citywide CFD that also considers funding for future police services that will be necessary as the City nears buildout. DISCUSSION Staff obtained a proposal from SCI Consulting Group (SCI) to assist the City with Special Tax Consulting services and the formation of a Citywide CFD. Originally founded as Shilts Consultants, Inc., the City has contracted with SCI for a variety of Assessment Engineering Services since 1998 and has been satisfied with the services they have provided. SCI is currently contracted with the City to provide the annual administration of the City’s Landscape Maintenance Assessment Districts, as well as the Parks Maintenance District, and recently assisted the City to complete the formation of CFD No. 2025-1 (Beltramo Ranch). SCI’s proposal includes a three-phased approach: Phase 1 involves preparing a Fiscal Impact Analysis (FIA) focused exclusively on evaluating the financial impact of new development on the City’s General Fund as it relates to police services. The FIA will establish the need and legal rationale for including police services in the CFD. Phase 2 involves the formation of the Citywide CFD, including the development of the Rate and Method of Apportionment of the Special Tax (RMA), the Description of Services (including police services), and all tasks necessary for successful CFD formation, including the preparation and processing of draft resolutions, notices, ballots, agenda reports, the CFD boundary map, and the future annexation area map. This approach emphasizes coordination with City staff, participating developers and landowners, and other stakeholders to ensure a legally compliant and seamless process. Phase 3 includes establishing streamlined proceedings for future CFD annexations. A key element of this approach is the use of the Unanimous Approval Form process, authorized under Government Code § 53339.3, which allows the City to annex new development into the CFD with the consent of landowners and approval at a single Council meeting. This efficient mechanism significantly reduces the time, cost, and administrative burden typically associated with annexation proceedings. It provides the 59 Honorable City Council 10/15/2025 Regular Meeting Page 3 City with a predictable and scalable framework for annexing future territory into the CFD and gives developers a clear, expedited path for annexation of their project. There are currently nine active development projects with executed Development Agreements (DAs) that outline certain requirements related to the formation of a future CFD: Hitch Ranch, Canyon Crest/Birdsall, Pacific Communities, Green Island Villas, Everett Street Villas, City Ventures, AB Tract 5906, Los Angeles Avenue, LLC (Moorpark Studios) and Duncan Ashley. The DAs specifically address roadway, park, and landscape maintenance services, but do not explicitly reference police services. As such, the City Attorney has opined that the City cannot mandate that these developers consent to an annual police services special tax. However, it would be reasonable for the City to request a voluntary consent to such a special tax. The Citywide CFD will most likely be established with the Hitch Ranch development, as it is the next project to begin construction. Staff has already contacted Lennar Homes (Lennar) to express the City’s desire to initiate the CFD proceedings and establish the budget for the Hitch Ranch CFD. Additionally, staff met with Lennar on October 2, 2025, to discuss their voluntary consent to a police services special tax. Lennar explained that there is a delicate balance between Homeowners Association dues (HOA) dues, CFD expenses, and a homeowner’s ability to qualify for a home loan. However, they indicated that they will consider a police services special tax once the CFD budget is finalized and the proposed special tax has been determined. If directed by the City Council to proceed with the implementation of a police services special tax, staff will initiate discussions with all developers who have an executed DA to seek voluntary consent of the special tax at the time of annexation into the Citywide CFD. For new development projects that have not yet been entitled or entered into a DA, the mitigation of police service impacts will be required as a Condition of Approval. Annexation into the Citywide CFD will serve as the mechanism to satisfy this requirement. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The cost proposal provided by SCI is set up as a series of Tasks so that the work can be phased. Phase I (Tasks 1.1 through 1.5) will include the Fiscal Impact Analysis related to the police services special tax. Phase II (Tasks 2.1 through 2.4) essentially includes all Tasks necessary for the formation of the Citywide CFD. Phase III (Task 3) includes future annexation proceedings as new CFDs come online and are annexed into the Citywide CFD. These costs will be funded by the developer and are not included at this time. 60 Honorable City Council 10/15/2025 Regular Meeting Page 4 Phase I: Fiscal Impact Analysis (Police Services) • Task 1.1: Initial Research and Planning $2,400 • Task 1.2: Fiscal Impact Analysis (FIA) $8,300 • Task 1.3: FIA Administrative Review $9,400 • Task 1.4: FIA Public Review Draft and Stakeholder Outreach $4,700 • Task 1.5: FIA Final Report and Council Approval $6,500 Sub-Total Phase I (Fiscal Impact Analysis) $31,300 Phase II: Citywide CFD Formation • Task 2.1: Initial Research and Planning $2,400 • Task 2.2: Special Tax Analysis $4,600 • Task 2.3: Public Hearing Report $3,400 • Task 2.4: CFD Formation Proceedings $5,800 Sub-Total Phase II (CFD Formation) $16,200 Incidental Costs $2,000 Total $49,500 The total cost for this work is $54,450, which includes a 10% contingency in the amount of $4,950. However, as mentioned previously, the formation of the Citywide CFD will be established with the Hitch Ranch Development. Additionally, the Hitch Ranch DA requires that the developer pay for all costs and expenses associated with the formation of the Hitch Ranch CFD, therefore, the City’s paid portion of this work will only include the Phase I Tasks, i.e. Fiscal Impact Analysis. Funding for this work was not included in the FY 2025/26 Operating Budget. Therefore, staff is requesting a budget amendment in the amount of $54,450 from the General Fund. Although funding for the entirety of this work is being requested, the City will only be required to cover the Phase I costs in the amount of $31,300. The Phase II costs will be reimbursed by the Developer’s deposit. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategic Priority: Goal 3: “Excellent City Governance”, Objective 3.1: “Identify Options for Long-Term Financial Sustainability.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Agreement with SCI Consulting Group in the amount of $54,450 for Fiscal Impact Analysis and Citywide Community Facilities District (CFD) Formation Services and authorize the City Manager to sign the agreement, subject to final language approval by the City Manager; and 2. Adopt Resolution No. 2025-____ amending the Fiscal Year 2025/26 budget to appropriate $54,450 from the General Fund. Attachment 1: Agreement with SCI Consulting Group Attachment 2: Draft Resolution No. 2025-____ 61 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND SCI CONSULTING GROUP, FOR FISCAL IMPACT ANALYSIS AND CITYWIDE COMMUNITY FACILITIES DISTRICT FORMATION SERVICES THIS AGREEMENT, executed as of _________________________, is between the City of Moorpark, a municipal corporation (“City”) and SCI Consulting Group, a corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for fiscal impact analysis and community facilities district formation services services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated 07/02/2025, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to completion, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide fiscal impact analysis and community facilities district formation services services, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total contract value of fifty-four thousand four hundred fifty dollars ($54,450.00), which includes a contingency of four thousand nine hundred fifty dollars ($4,950.00), without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. ATTACHMENT 1 62 Rev. 03/10/2025 Page 2 of 16 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be John Bliss, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W-9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed fifty-four thousand four hundred fifty dollars ($54,450.00), which includes a contingency of four thousand nine hundred fifty dollars ($4,950.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 63 Rev. 03/10/2025 Page 3 of 16 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES There are no liquidated damages under this Agreement. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate 64 Rev. 03/10/2025 Page 4 of 16 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees and/or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subconsultant, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance 65 Rev. 03/10/2025 Page 5 of 16 of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, volunteers or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws 66 Rev. 03/10/2025 Page 6 of 16 and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Should the Scope of Services include work that is considered a public work to which prevailing wages apply, the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all applicable terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant and/or subcontractor under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or 67 Rev. 03/10/2025 Page 7 of 16 indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, subconsultant, or subcontractor. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 323 Science Drive Moorpark, CA 93021 To: John W. Bliss, President SCI Consulting Group 4745 Mangels Blvd. Fairchild, CA 94534 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 68 Rev. 03/10/2025 Page 8 of 16 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 69 Rev. 03/10/2025 Page 9 of 16 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK SCI CONSULTING GROUP __________________________________ __________________________________ PJ Gagajena, City Manager John W. Bliss, President 70 Rev. 03/10/2025 Page 10 of 16 Attest: __________________________________ Ky Spangler, City Clerk 71 Rev. 03/10/2025 Page 11 of 16 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Type of Insurance Limits Commercial General Liability $1,000,000 / $2,000,000 Aggregate Business Automobile Liability $1,000,000 Workers’ Compensation Statutory Requirements Professional Liability $1,000,000 Insurance Rating. Insurance procured pursuant to these requirements shall be written by insurers that are authorized carriers in the State of California and with an A.M. Best rating of A- or better and a minimum financial size category class VII. Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Business Automobile Insurance coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 combined single limit per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Consultant shall submit to Agency, along with the certificate of insurance, a 72 Rev. 03/10/2025 Page 12 of 16 Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers. Professional Liability (Errors and Omissions) Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 aggregate. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and volunteers, using standard ISO endorsement CG 2010 and CG 2037, or equivalent, with edition acceptable to the City. Consultant also agrees to require all subconsultants and/or subcontractors to do likewise. 2. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow subconsultants and/or Contractors or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants and/or subcontractors. Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. 73 Rev. 03/10/2025 Page 13 of 16 Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any subconsultant and/or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. Coverage provided by Consultant shall be primary and non-contributory and any insurance of self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. Consultant shall submit to City, along with the certificate of insurance, a primary and non-contributory endorsement in favor of City, its officers, agents, employees, and volunteers. 74 Rev. 03/10/2025 Page 14 of 16 10. Consultant agrees to ensure that subconsultants and/or subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and/or subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any subconsultant, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant thirty (30) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications 75 Rev. 03/10/2025 Page 15 of 16 applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and volunteers. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 76 Rev. 03/10/2025 Page 16 of 16 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code § 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code § 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b)When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000? X Yes No If yes, then the following information must be provided in compliance with Government Code § 7550: 1.Dollar amount of Agreement/Contract: $ 54,450 2.Dollar amount of Subcontract:$ 3.Does the total contract amount represent compensation for multiple documents or written reports? Yes No I have read the foregoing Code section and will comply with Government Code §7550. __________________________________ ______________________ Signature, Title Date 77 Wednesday, July 2, 2025 Submitted via Email JLaurentowski@MoorparkCA.gov Jeremy Laurentowski, Parks, Recreation & Community Services Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Proposal for Fiscal Impact Analysis and Citywide Community Facilities District Formation Dear Jeremy: SCIConsultingGroup ("SCI") is pleased to present this proposal to assist the City of Moorpark ("City") with Special Tax Consulting and the formation of a Citywide Community Facilities District ("CFD"). We understand the City would like to explore this financing mechanism to support essential services associated with new development, particularly police services, as well as the maintenance, repair, and replacement of project-specific infrastructure. To support this effort, SCI proposes a three-phase approach. Phase 1 involves preparing a Fiscal Impact Analysis ("FIA") focused exclusively on evaluating the financial impact of new development on the City's General Fund as it relates to police services. The FIA will establish the need and legal rationale for including police services in the CFD. Phase 2 involves the formation of the Citywide CFD, including the development of the Rate and Method of Apportionment ("RMA"), the Description of Services (including police services), and all tasks necessary for successful CFD formation, including the preparation and processing of draft resolutions, notices, ballots, agenda reports, the CFD boundary map, and the future annexation area map. Our approach emphasizes close coordination with City staff, participating developers and landowners, and other stakeholders to ensure a legally compliant and seamless process. Phase 3 involves establishing streamlined proceedings for future CFD annexations. A key element of our approach is the use of the Unanimous Approval Form process, authorized under Government Code § 53339.3, which allows the City to annex new development into the CFD with the consent of landowners and approval at a single Council meeting. This efficient mechanism significantly reduces the time, cost, and administrative burden typically associated with annexation proceedings. It provides the City with a predictable and scalable framework for annexing future territory into the CFD and gives developers a clear, expedited path for annexation of their project. SCI is committed to providing comprehensive services that minimize the demands on City staff time and resources. We will work closely with the City to prepare the FIA and establish a Citywide CFD with a broadly written Description of Services and an RMA. The CFD will allow for the designated tax Exhibit C 78 City of Moorpark July 2, 2025 Page 2 zones tailored to each future development project, allowing for project-specific services and tax rates that address the unique needs of each development. SCI's extensive experience in CFD formation and administration, combined with our deep understanding of the City's needs, ensures that we can deliver a tailored solution that meets the City's objectives. We are confident in our ability to support the City of Moorpark in achieving its goals for sustainable growth and enhanced public services. WORK PLAN AND APPROACH Based on our current understanding of the project and the technical analysis and services required by the City, we propose the following Work Plan segmented into the three phases previously described. Our approach to the project is designed to minimize the need for City staff involvement while delivering work products that are high quality, transparent, and legally defensible under the Mello-Roos Community Facilities District Act ("Act"). PHASE 1: FISCAL IMPACT ANALYSIS ("FIA") Task 1.1: Initial Research and Planning. SCI will begin by requesting key information from the City, including financial data, existing taxes and fees, recurring General Fund expenditures with a focus on public safety services, and police department cost details. SCI will then review the submitted materials and hold a project kickoff meeting with City staff to confirm objectives, validate assumptions, and discuss available data. Based on this discussion, SCI will develop a detailed project timeline, request additional information if necessary, and finalize the methodology and approach. Task Deliverable(s):  Project kickoff meeting (virtual)  Information request list  Project timeline Task 1.2: Fiscal Impact Analysis for Police Services. SCI will prepare a fiscal model that compares the projected General Fund revenues generated by new development (including property tax, sales tax, and other revenue sources) to the estimated annual cost of providing police services to the same development. The analysis will include residential and non-residential scenarios and utilize both per capita and unit-based service metrics. This task will establish whether development results in a net fiscal surplus or deficit to the City. Task Deliverable(s):  Draft fiscal model and assumptions  Preliminary findings and internal review meeting (virtual) Task 1.3: FIA Administrative Review Draft. SCI will prepare a draft FIA report summarizing the methodology, assumptions, results, and conclusions. The draft will include supporting tables and documentation needed to demonstrate nexus and proportionality. The report will be shared with City staff for internal review and comment. 79 City of Moorpark July 2, 2025 Page 3 Task Deliverable(s):  FIA Administrative Review Draft (PDF)  Project meeting(s) as necessary (Virtual) Task 1.4: FIA Public Review Draft and Stakeholder Outreach. SCI will revise the administrative draft based on one set of consolidated comments from the City and produce a public review draft. SCI will present findings to stakeholders such as City leadership, developers, and community members. SCI will also prepare a slide deck for public presentation and coordinate one virtual stakeholder outreach meeting. Task Deliverable(s):  FIA Public Review Draft (PDF)  Project meeting(s) as necessary (Virtual)  Outreach slide deck (PowerPoint)  Internal stakeholder outreach meeting (Virtual)  External stakeholder outreach meeting (Virtual) Task 1.5: FIA Final Report and Council Approval. SCI will prepare the final FIA report based on input received during public review and outreach. SCI will assist in presenting the final report to the City Council and will prepare a draft of the staff report for the City's consideration. Task Deliverable(s):  FIA Final Report (PDF)  City Council presentation (In-Person)  Draft staff report (MS Word)  Project meeting if necessary (Virtual) PHASE 2: CITYWIDE CFD FORMATION Task 2.1: Initial Research and Planning. SCI will begin by reviewing the City's technical studies and plans related to the development project to initiate the Citywide CFD. A project meeting will then be held with City staff to outline the process for collecting the necessary data and cost estimates. SCI understands the City will provide all relevant cost estimates, a list of participating landowners with their assessor parcel numbers, and other supporting statistical data. SCI will use the Fiscal Impact Analysis to define the Police Services portion of the special tax and will incorporate project-specific cost estimates to calculate the portion of the special tax associated with the initiating project. During the meeting, SCI and City staff will establish a detailed project timeline, task list, and set of deliverables for the CFD formation. Task Deliverable(s):  Information and data request list  Project Meeting (Virtual)  Project Timeline Task 2.2: Special Tax Analysis. SCI will then analyze annual maintenance and servicing costs for authorized services to be included in the CFD as provided by the City. SCI will work with the City and the developers of the initial development projects to estimate the annual cost for maintenance 80 City of Moorpark July 2, 2025 Page 4 and servicing of the improvements and the annual contribution to a sinking fund for future repairs and replacements. Additionally, all costs associated with the special tax analysis and CFD formation proceedings will be fully recovered by the special tax. SCI will then work with the City to develop a cost allocation methodology to benefiting land uses in the proposed CFD. SCI will determine and use local dwelling unit occupancy factors for residential land uses and assumed square feet per employee factors for non-residential uses as a proxy for the benefit received by the various residential and non-residential land uses. The cost allocation methodology will help determine the maximum special tax per unit for each land use type and the annual special tax formula. The special tax will likely be assigned on a per-dwelling unit basis for residential land uses and on a per-building square foot basis for non-residential land uses. SCI and the City will need to maintain a productive dialogue throughout this process to ensure the cost allocation methodology is reasonable and complies with the Act's requirements. Upon completing the initial cost allocation and the maximum special tax determination, SCI will review the technical analysis, key findings, and recommendations with City staff and make any necessary adjustments. Task Deliverable(s):  Draft special tax rates and annual revenue projection  Project meeting (Virtual) Task 2.3: Public Hearing Report. SCI will then prepare a draft Public Hearing Report, which shall include a description of services to be funded by the CFD, the estimated costs of the proposed services, an estimate of incidental costs, an explanation of the RMA, the CFD boundary map and future annexation area map, and a listing the participating assessor's parcels. The draft Public Hearing Report and the CFD's proposed structure will be made available for City review and comment. After staff review, SCI will revise the draft Public Hearing Report according to one set of consolidated comments from the City. SCI will then provide a Public Review Draft of the Public Hearing Report and present it and the proposed CFD to the City Council and the public. Task Deliverable(s):  Public Hearing Report (PDF)  CFD Boundary Map (PDF)  CFD Future Annexation Area Map (PDF)  Various associated draft CFD documents (MS Word)  Project meeting (Virtual) Task 2.4: CFD Formation Proceeding. Once the RMA is approved, SCI will assist the City with the CFD formation proceedings. SCI will prepare all documents required for the CFD formation proceedings, petition, consent, and waivers, resolutions/ordinances, draft agenda reports, public hearing notice, notice of special tax lien, and will review with City staff and City Attorney as necessary. On behalf of the City, SCI will also coordinate the mailing of the petition, consent, and waiver, as well as the subsequent landowner special tax election notice and ballot to all participating landowners. SCI will also coordinate the publication of the public hearing notice and the recording of the boundary map and notice of special tax lien with the County Recorder. Additionally, the CFD 81 City of Moorpark July 2, 2025 Page 5 will be formed with the establishment of a future annexation area for easier annexation of similar development projects into the CFD. Task Deliverable(s):  Project meeting (Virtual)  Mailing of Petition, Consent, and Waivers  CFD Boundary Map (Two 18 x 16 Mylar)  CFD Future Annexation Area Map (Two 18 x 16 Mylar)  Various associated final CFD documents (MS Word)  First Council Meeting (Virtual)  Second Council Meeting (Virtual) PHASE 3: CFD ANNEXATION PROCEEDINGS Task 3: CFD Annexation Proceedings. Once the CFD is formed, SCI will assist the City with the annexation proceedings for future development projects. Our objective is to facilitate a smooth and efficient annexation process by developing tax zones and utilizing the Unanimous Approval Form process. This includes preparing all necessary documents, such as the Unanimous Approval Form, approval resolutions, draft agenda reports, public hearing notices, notices of special tax lien, and ensuring compliance with the CFD through review with City staff and the City Attorney. Our recommended approach involves creating specific tax zones within the CFD for each new development project. This allows for tailored services and associated tax rates that reflect the unique needs of each development, ensuring fair and appropriate financial contributions. The Unanimous Approval Form process will streamline the annexation proceedings, requiring only one Council meeting for approval and eliminating the need for a traditional special tax election. This approach reduces the time and costs associated with annexing new developments. SCI will coordinate all aspects of the annexation process, including mailing the Unanimous Approval Form and the subsequent landowner special tax election notice and ballot to all participating landowners. We will also handle the publication of the public hearing notice and the recording of the boundary map and notice of special tax lien with the County Recorder. Task Deliverable(s):  Project meeting (Virtual)  Unanimous Approval Form  CFD Boundary Map (Two 18 x 16 Mylar)  Resolution approving the annexation (MS Word)  Amended Notice of Special Tax Lien (MS Word) In-Person Meetings. We anticipate one in-person Council meeting for Task 1.5. All project meetings, internal and external stakeholder outreach meetings, and presentations will be conducted remotely via video or voice conference. As necessary and at the discretion of the City, attendance at in-person meetings requested by the City will be billed at our hourly billing rates for the duration of the project, with travel time billed at 75% of the hourly billing rate. Video and voice conferences are not considered in-person meetings in the Work Plan. 82 City of Moorpark July 2, 2025 Page 6 CITY RESOURCES SCI will carry out all tasks specified in the Work Plan and any other related services, as appropriate, for the FIA and CFD formation. The City would be responsible for the following:  Meet or video conference periodically with SCI as needed.  Provide information and documentation needed for the FIA, along with project-specific annual maintenance and servicing costs and future repair and replacement costs for the initiating project.  Provide any additional data requested to support the analysis.  Provide a list of the landowners who will participate in the CFD.  Recorded the CFD Boundary Map, the Future Annexation Map, and Notice of Special Tax Lien with the County Recorder's Office.  Assist with planning, review, and coordination of action items. TENTATIVE TIMELINES For the Fiscal Impact Analysis, the City should allocate approximately two months for completion of the public review draft. This timeline depends on the availability of the necessary data and City review. Internal and external stakeholder outreach, along with preparation of any revised versions of the draft report, may take an additional two to three months. For the formation of the Citywide CFD, we estimate that the special tax analysis and the Public Hearing Report will take approximately one month. This timeline depends on the availability of the maintenance plan, cost estimates, and City review and approval. The entire CFD formation and ballot proceeding will take around two to three months, requiring at least two Council meetings with a minimum of 30 days between them. This assumes that all participating landowners complete a petition, consent, and waiver form. For CFD annexation proceedings, the City should allocate approximately one month to establish the tax zone budget and associated special tax rates. This timeline also depends on the availability of the maintenance plan, cost estimates, and City review and approval. The CFD annexation will take an additional month to complete and will require one Council meeting after receiving the Unanimous Approval Form(s) from the landowner(s). ABOUT SCI CONSULTING GROUP Established in 1985, SCIConsultingGroup is a recognized public finance consulting firm with leading expertise in assisting California public agencies with local funding of public services and improvements. We also possess industry-leading expertise with the important legal and procedural requirements for forming Community Facilities Districts, Benefit Assessment Districts, and other local financing mechanisms. SCI has formed and annually administers over 1,000 special taxes, assessments, and fees for nearly 200 public agencies throughout the State. This expertise and experience will ensure that your goals and objectives are met successfully, collaboratively, on schedule, and on budget. 83 City of Moorpark July 2, 2025 Page 7 FEE SCHEDULE / MANNER OF PAYMENT In consideration of the work accomplished, as outlined in the Work Plan, SCI shall be compensated as detailed below. Our professional fees are based on our understanding of the City's needs and the level of effort we expect to be necessary to complete the Work Plan successfully. The fees also account for the preliminary work already completed for the Citywide CFD. WORK PLAN 1,2 FIXED FEE Task 1.1: Initial Research and Planning $2,400 Task 1.2: Fiscal Impact Analysis $8,300 Task 1.3: FIA Administrative Review Draft $9,400 Task 1.4: FIA Public Review Draft and Stakeholder Outreach $4,700 Task 1.5: FIA Final Report and Council Approval $6,500 SUBTOTAL, FISCAL IMPACT ANALYSIS $31,300 Task 2.1: Initial Research and Planning $2,400 Task 2.2: Special Tax Analysis $4,600 Task 2.3: Public Hearing Report $3,400 Task 2.4: CFD Formation Proceedings $5,800 SUBTOTAL, CITYWIDE CFD FORMATION $16,200 Incidental Costs 3 $2,000 NTE TOTAL PROJECT COST $49,500 1 Upon completion of each task, SCI will submit an invoice for the work performed. Payment will be due upon receipt of the invoice for the completed task. 2 Task 1.5 includes one in-person meeting with the City Council. Compensation for additional in- person meetings and out-of-scope services, as requested, shall be billed at the hourly bill rate of $295 per hour for Blair Aas and $224 for Jeanette Hynson. Travel time for attendance at in-person meetings shall be at 75% of the hourly billing rate. 3 Incidental costs incurred by SCI for purchasing property or statistical data, travel, lodging, mileage, printing, postage, and other out-of-pocket expenses incurred in performing the Work Plan shall be reimbursed separately at actual cost plus 10% not to exceed ("NTE") $2,000, without prior authorization from the City. Mileage expenses shall be reimbursed at the IRS-approved rate. Task 3: CFD Annexation Proceedings. Compensation for CFD annexation proceedings is set at a fixed fee of $7,250 for the first developer, with an additional charge of $2,750 for each additional landowner participating in the CFD annexation. Customary incidental expenses, such as travel, lodging, printing, postage, data, and other out-of-pocket costs, will be billed at actual cost plus 10%. Mileage expenses will be billed at the IRS-approved rate. Payment is due upon submission of the final documents for the annexation proceedings. 84 City of Moorpark July 2, 2025 Page 8 OTHER INFORMATION Employment Policies. SCI Consulting Group complies with all civil rights laws and related statutes. SCI does not and shall not discriminate against any employee in the workplace or against any applicant for such employment or against any other person because of race, religion, sex, color, national origin, handicap, age, or any other arbitrary basis. Conflict of Interest Statements. SCI has no known past, ongoing, or potential conflicts of interest for working with the City, performing the Work Plan, or any other service for this project. Independent Contractor. SCI shall perform all services included in this proposal as an independent contractor if selected. Insurance Requirements. SCI carries professional errors and omissions insurance in the amount of $2 million per occurrence and $2 million aggregate. SCI also carries general liability insurance in the amount of $2 million per occurrence and $4 million aggregate. SCI will provide proof of insurance upon request. Indemnification. SCI's duty to defend and indemnify the City shall apply only to claims that arise out of, or relate to, the willful misconduct of SCI. Cancellation. The City, or SCI, may end the engagement without cause with reasonable written notice. In the event that the engagement is canceled, payment shall still be due for all work performed, including any portion of a task, by SCI through the date of the notification of cancellation. PROJECT TEAM If selected, I would serve as the project manager. Jeanette Hynson, Senior Consultant, would assist with all aspects of the project. Jeanette and I do not have any work commitments that would interfere with our responsiveness and ability to complete the project within a reasonable timeframe. We look forward to the opportunity to assist the City with another important project and are ready to proceed. Please get in touch with me if you would like to discuss any aspect of our proposal. I can be reached at 707‐816-9101 or via email at blair.aas@sci‐cg.com. Sincerely, Blair E. Aas, Vice President SCI Consulting Group cc: Jeanette Hynson, SCI Consulting Group 85 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 BUDGET IN THE AMOUNT OF $54,450 FROM THE GENERAL FUND (1000) FOR CITYWIDE COMMUNITY FACILITIES DISTRICT FORMATION CONSULTANT SERVICES WHEREAS, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2025/26 on June 18, 2025; and WHEREAS, a staff report has been presented to City Council requesting approval of an agreement with SCI Consulting Group for Citywide Community Facilities District Formation consultant services; and WHEREAS, a budget amendment is requested to fully fund the Citywide Community Facilities District Formation Consultant Services in the amount of $54,450, from the General Fund (1000); and WHEREAS, Exhibit A hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $54,450 from the General Fund (1000), as more particularly described in Exhibit A, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of October, 2025. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A – Budget Amendment ATTACHMENT 2 86 Resolution No. 2025-____ Page 2 EXHIBIT A BUDGET AMENDMENT FOR CITYWIDE COMMUNITY FACILITIES DISTRICT FORMATION CONSULTING SERVICES GENERAL FUND FY 2025/26 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount General Fund 1000-000-00000-33990 $ 54,450.00 Total $ 54,450.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000.510.00000.51000 $ 40,000.00 $ 54,450.00 $ 94,450.00 Total $ 40,000.00 $ 54,450.00 $ 94,450.00 87