HomeMy WebLinkAboutAGENDA REPORT 2010 0203 CC REG ITEM 10DITEM 10.D.
..ICY OF rdOORPARK, CALIFORNi.,,
City Council Meeting
MOORPARK CITY COUNCIL of '3 -a o ro
AGENDA REPORT ACTION:
oia -
TO: The Honorable City Council
=I► �D /D- 02 8 k
FROM: Tom Kruse, Parks & Recreation Director
DATE: January 15, 2010 (CC Meeting of February 3, 2010)
SUBJECT: Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscaping and Lighting Assessment District and the Parks and
Recreation Maintenance Improvement District for Fiscal Year
2010/2011
EXECUTIVE SUMMARY
This presents the resolutions for initiating the proceedings necessary to consider
extension of the Citywide Landscaping and Lighting Assessment Districts and the Parks
and Recreation Maintenance Improvement District for Fiscal Year 2010/2011.
BACKGROUND
Landscaping and Lighting Assessment Districts:
In 1984, a Landscaping and Lighting Maintenance Assessment District (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 enacted by the County of Ventura prior to the incorporation of the City. In
subsequent years, Zones of Benefit were added to fund the maintenance of certain
speck areas. Later, these Zones were changed to District 1 through District 12 (Districts
13 and 17 are not assigned).
Since 1984, the City has formed additional assessment districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
• Tract 5201, Wilshire Builders (AD01 -1, District 14)
• Tract 4928, Toll Brothers (ADO 1 -2, District 15)
• Tract 5166, Cabrillo (AD01 -3, District 16)
S: \Community Services\ADMINISTRATIVE \CC Reports\2010\2- 3-2010 (AD Intent ccagda)1.doc
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Honorable City Council
February 3, 2010
Page 2
2004
• Tract 5307, Colmer Development (AD04 -01, District 18)
2005
• PM 5264, M&M Development (AD05 -01, District 19)
2006
• Tract 5133, Shea Homes (AD06 -01, District 21)
2007
• Tract 5045, Pardee Homes (AD07 -01, District 22)
• Tract 5187, Lyon Homes (AD07 -02, District 20)
• IPD 2000 -10, Casino Storage (AD07 -04, District 24)
a
• CPD 2004 -01, Nearon (AD 07 -03, District 25)
2009
• CPD 2004 -03, Warehouse Discount Center (AD 09 -01, District 26)
Parks and Recreation Maintenance Improvement District
In July 1999, the City successfully established a Parks and Recreation Maintenance and
Improvement District. The current Maintenance District is based on a "special"
assessment. This means that the City assesses property owners for that portion of park
and recreation maintenance and improvement activities that generate a "special" benefit.
The City is responsible for funding activities that generate a "general" benefit.
The Park and Recreation Maintenance and Improvement District include all existing 17
City parks. The amount of the assessment levied may be adjusted annually by a Cost of
Living factor, not to exceed 3 percent.
DISCUSSION
As part of the annual budget process, the City Council considers whether or not to renew
the subject Assessment Districts and levy amounts for the upcoming fiscal year.
According to state law, before assessments may be levied, an Engineer's Report must be
prepared for each assessment district setting forth the amount of the assessments and
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Honorable City Council
February 3, 2010
Page 3
the basis for establishing said amount.
The preparation of an Engineer's Report does not obligate the City to approve the
Engineer's Report nor to proceed with levying assessments. The purpose of the
Engineer's Report is to merely develop the information necessary for the City Council to
make those decisions. The report sets forth the items proposed to be funded by the
districts and the methodology used to distribute maintenance and improvement costs to
all of the properties within each district.
When completed, each Engineer's Report is submitted to the City Council for approval.
Approval of an Engineer's Report by the City Council does not require the City to levy the
assessments. Such approval merely allows the Engineer's Reports, and the assessments
set forth therein, to be considered at subsequent public hearings.
In accordance with the requirements of applicable State law, the Resolutions attached as
Exhibits 1 and 2 initiate the process required for the City Council to consider continuation
of the subject Assessment Districts. Upon adoption of these Resolutions, the Assessment
Engineer will prepare an Engineer's Report for the Citywide Lighting and Landscaping
Assessment Districts and a separate Engineer's Report for the Parks and Recreation
Maintenance Improvement District.
Staff proposes that the City secure a professional services agreement with SCI
Consulting Group to provide assessment district engineering services. SCI has served in
this capacity for the last nine years.
FISCAL IMPACT
SCI's cost proposal for FY 2010/11 is $19,200 plus up to $2,200 for the contractor's out -
of- pocket costs (Exhibit 3) to administer both the Parks Maintenance ($9,350) and the
Lighting and Landscape ($9,850) assessment districts for FY 2010/2011. This cost was
included in the adopted FY 09 -10 Budget.
STAFF RECOMMENDATION
Adopt Resolution Nos. 2010- and 2010- (Exhibits 1 and 2) and authorize the City
Manager to execute an agreement with SCI.
Attachments:
Exhibit 1: Draft Resolution re: Initiating Proceeding for the Citywide
Landscaping and Lighting Assessment Districts
Exhibit 2: Draft Resolution re: Initiating Proceedings for the Parks and
Recreation Maintenance Improvement District
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Honorable City Council
February 3, 2010
Page 4
Exhibit 3: SCI Proposal
Exhibit 1
RESOLUTION NO. 2010 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, DIRECTING
PREPARATION OF ANNUAL REPORT FOR FISCAL
YEAR 2010 -2011 FOR CITY OF MOORPARK,
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICTS
WHEREAS, the City of Moorpark provides for the maintenance and
improvement of street lighting services through the City's Landscaping and Lighting
Maintenance Assessment Districts; and
WHEREAS, the City Council of the City of Moorpark proposes to continue the
specified districts for the fiscal year commencing July 1, 2010, and ending June 30,
2011.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. This Council ordered the formation of and levied the first
assessments within the City of Moorpark Landscaping and Lighting Maintenance
Assessment Districts No. AD84 -2, AD01 -1, AD01 -2, AD01 -3, AD04 -1, AD05 -1, AD06-
1, AD07 -1, AD07 -2, AD07 -3 and AD07 -4 (the "Landscaping and Lighting Districts ")
pursuant to the provisions of the Landscaping and Lighting Act of 1972, commencing
at Section 22500 of the California Streets and Highways Code (hereinafter "the Act ").
SECTION 2. Sections 22620 et. seq., of the Act provide for the levy of annual
assessments after formation of the Landscaping and Lighting Maintenance
Assessment Districts.
SECTION 3. Within the Landscaping and Lighting Maintenance Assessment
Districts, the existing and proposed improvements and any substantial changes
proposed to be made to the existing improvements are generally described as follows:
Installation, maintenance and servicing of public facilities, including but not
limited to one or more of street lights, public lighting facilities, landscaping,
statuary, fountains, and other ornamental structures and facilities, entry
monuments and all necessary appurtenances, debris basins, turf, ground
cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing
and any facilities which are appurtenant to any of the aforementioned or which
are necessary or convenient for the maintenance or servicing thereof, including
irrigation, electric current and energy; and to provide incidental expenses in
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Resolution No. 2010 -
Page 2
connection therewith. Services provided include all necessary service,
operations and maintenance of the above mentioned improvements, as
applicable, for any property owned or maintained by the City of Moorpark.
SECTION 4. SCI Consulting Group is hereby designated as Engineer of Work
for purposes of these proceedings and is hereby ordered to prepare an Engineer's
Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the
California Constitution, for the Districts referred to in Section 1 of this Resolution.
Upon completion, the Engineer shall file the Engineer's Report with the Clerk of the
City Council for submission to the Council.
SECTION 5. 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 3rd day of February, 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 2
RESOLUTION NO. 2010 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING PREPARATION OF THE
ENGINEER'S REPORT FOR FISCAL YEAR 2010 -2011 FOR THE
PARKS AND RECREATION MAINTENANCE AND
IMPROVEMENT DISTRICT OF THE CITY OF MOORPARK
WHEREAS, the City of Moorpark provides for the maintenance and improvement
of parks and recreation facilities through the City's Parks and Recreation Maintenance
and Improvement District; and
WHEREAS, the City Council of the City of Moorpark proposes to continue the
specified district for the fiscal year commencing July 1, 2010, and ending June 30,
2011.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On July 15, 1999, by its Resolution No. 99 -1625, this Council
ordered the formation of and levied the first assessment within the City of Moorpark
Parks and Recreation Maintenance and Improvement District (the "Assessment
District ") pursuant to the provisions of Article XIIID of the California Constitution, and the
Landscaping and Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California
Streets and Highways Code (commencing with Section 22500 thereof).
SECTION 2. The purpose of the Assessment District is for the installation,
maintenance and servicing of improvements to the City of Moorpark, as described in
Section 3 below.
SECTION 3. Within the Assessment District, the existing and proposed
improvements to be undertaken by the Assessment District are generally described as
the installation, maintenance and servicing of public facilities, including but not limited
to, landscaping, sprinkler systems, park grounds, park facilities, landscape corridors,
ground cover, shrubs and trees, street frontages, playground equipment and hardcourt
areas, senior and community centers, drainage systems, lighting, fencing, entry
monuments, basketball courts, tennis courts, running tracks, other recreational facilities,
security guards, graffiti removal and repainting, and labor, materials, supplies, utilities
and equipment, as applicable, for property owned and maintained by the City of
Moorpark. Installation means the construction of recreational improvements, including,
but not limited to, land preparation, such as grading, leveling, cutting and filling, sod,
landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment,
play courts, recreational facilities and public restrooms. Maintenance means the
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Resolution No. 2010 -
Page 2
furnishing of services and materials for the ordinary and usual maintenance, operation
and servicing of said improvements, including repair, removal, or replacement of all or
part of any improvement; providing for the life, growth, health and beauty of
landscaping; and cleaning, sandblasting and painting of walls and other improvements
to remove or cover graffiti. Servicing means the furnishing of electric current or energy
for the operation or lighting of any improvements, and water for irrigation of any
landscaping or the maintenance of any other improvements.
SECTION 4. SCI Consulting Group is hereby designated as Engineer of Work
for purposes of these proceedings and is hereby ordered to prepare an Engineer's
Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the
California Constitution. Upon completion, the Engineer shall file the Engineer's Report
with the Clerk of the Council for submission to the Council.
SECTION 5. 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 3rd day of February, 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 3
PROPOSAL. FOR THE
CITY OF MOORPARK
To PROVIDE
PROFESSIONAL CONSULTING,
ENGINEER OF WORK AND LEVY
ADMINISTRATION
FOR THE
LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICTS
AND THE PARKS AND RECREATION
MAINTENANCE AND IMPROVEMENT DISTRICT
FISCAL YEAR 201 0 -1 1
SUBM17 TED BY
SCIConsultingGroup
4745 MANGELs BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAx 707.430.4319
www.sci- cg.com
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70
SCIConsultingGroup
4745 Mangels Boulevard • Fairfidd.Califordia 94534 • Tel: 707.430.4300 • Fax: 707.430.4319
November 23, 2009
Tom Kruse
City of Moorpark
799 Moorpark Ave
Moorpark, CA
Re: Proposal for providing Professional Consulting, Engineer of Work and Levy
Administration of the Landscape and Lighting Maintenance Assessment Districts
and the Parks and Recreation Maintenance and Improvement District
Dear Tom:
SCI Consulting Group ( "SCI ") is pleased to submit, for your review, the enclosed proposal and
services agreement to serve as the Engineer of Work and provide professional consulting and
levy administration services for the City of Moorpark, Landscape and Lighting Maintenance
Assessment Districts and the Parks and Recreation Maintenance and Improvement District.
The scope of services within this proposal includes all tasks required for the year -round
administration of the Landscape and Lighting Maintenance Assessment Districts and the Parks
and Recreation Maintenance and Improvement District for the City of Moorpark, as well as
other value -added services such as comprehensive property base auditing and levy accuracy
confirmation on a parcel by parcel basis to ensure that the City receives the maximum possible
revenues, a historical review of levy submittals and updating of the current roll data with the
final closing roll for the upcoming fiscal year. Moreover, SCI will provide our comprehensive
services in a manner that limits the time and resources of the City.
Enclosed are two copies of the Agreement for fiscal year 2010 -11 assessment administration
services. If the Agreement meets with your approval, please sign and return a copy to us and
retain the additional copy for your records.
Sincerely,
Jeanette Hynson
Consultant
71
TABLE OF CONTENTS
INTRODUCTION .................................. ............................... 1
OTHER SCI SERVICES ......................... ............................... 3
TENTATIVE PROJECT TIMELINE ............. ............................... 4
CONSULTANT SERVICES AGREEMENT ... ............................... 5
EXHIBIT A - SCOPE OF WORK .............. ............................... 8
EXHIBIT B - COMPENSATION ............. ............................... 11
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE
72
INTRODUCTION
SCI Consulting Group ("SCI") is pleased to offer our professional consulting,
engineering and levy administration services to the City of Moorpark, Landscape and
Lighting Maintenance Assessment Districts and the Parks and Recreation Maintenance
and Improvement District ( "Assessment Districts "). SCI understands that the
assessment revenues need to be annually reauthorized and collected in a manner that
is legally compliant, accurate and efficient. We also have witnessed that if such
assessment administration services are not performed with a comprehensive,
intensive and professional approach that includes annually identifying every parcel
that should be subject to the assessments and recalculating and verifying the specific
amount of assessment for each parcel in the Assessment Districts, the assessment
revenues received by the City will not be maximized.
Specifically, our annual scope of services, which will maximize the revenues from the
assessments, minimize the City's time and resources needed, and maximize the legal
defensibility of the assessments will include:
o Initial planning, property research and assistance with preparation of
improvement/service plans and budgets.
o Acquisition of current property data from the County Assessor, other real
property information vendors and title companies, comparison of the Assessor
data with other property data sources and data accuracy validation services.
o Maximizing assessment revenues and accuracy with custom, hands -on
identification of all parcels within the Assessment Districts boundaries and
determination of the updated and current property characteristics for each
parcel within the Assessment Districts boundaries.
o Maximizing assessment revenues and accuracy by using advanced
Geographical Information Systems and parcel layers to confirm that all parcels
are included within the assessment rolls.
o Maximizing assessment revenues through comprehensive research and
confirmation of all levies on a parcel -by- parcel basis. These services have
proven to maximize revenues for every public agency for which we have
provided levy administration services.
o Minimizing City time and resources by handling most tasks related to the
administration and collection of the assessments.
o Periodic meetings and conferences with City staff to review findings, property
base, budgets, and other relevant items.
o Preparation of the annual Engineer's Report for the Assessment Districts.
These reports will meet all legal requirements and will provide continued
justification for the levies, budgets for levy expenditures by expenditure type,
and specific levies for each parcel.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 1
73
o Preparation of legal notices, resolutions, staff reports and City Council review
items.
o Acquisition of the final lien date Tax Collector's property roll for all parcels to
be included on the tax roll for the upcoming fiscal year.
o Each year, a full second round of research, identification and validation of all
new and existing parcels within the Assessment Districts boundaries to
conform to the final Tax Collector's parcel roll for all parcels to be included on
the upcoming fiscal year tax roll.
o A full second round of identification of all parcels for which the property
characteristics have changed (such as newly developed properties).
o Each year, a full second round of recalculation and confirmation of the final
upcoming fiscal year's assessment amount for every parcel within the
Assessment Districts boundaries.
o Submittal of the final assessment rolls to the County Auditor/Tax Collector and
verification of the final assessment amounts for each parcel to be included on
tax bills.
o Levy collection reports and confirmation of the accuracy of the Auditor's Tax
Roll for each levy.
o Directly responding on our toll -free taxpayer assistance line to property owner
inquiries year round regarding the assessments for their property, the basis for
the assessments, the services funded or other questions.
o Providing a program developed specifically for the City that provides easy
access and reporting of special assessment and property information.
o Assistance with the administration and collection of the assessment revenues.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 2
74
OTHER SCI SERVICES
SCI provides many comprehensive services to public agencies, such as funding
mechanisms, revenue enhancement studies and financial planning services. The list
below includes some of these services.
• Ballot Measures
• Assessment District Formation
• Special Tax Election
• Property Related Fees Formation
• Mello -Roos Community Facilities District Formation
• Special Levy Administration Services
• Opinion Research and Revenue Measure Feasibility Analysis
• Public Finance Programs and Alternatives
• LAFCo Annexations and New District Formations
• Compliance with Proposition 218
• Continuing Disclosure & Dissemination Services
• Administrative Systems and Custom Software Solutions
• Parcel Audits and Tax Base Certification
• Planning Services
o
Facilities Master Plans
•
Developer Fee Studies
•
School Fee Facility Plans
•
School Facility Needs Analysis
•
Developer Negotiations and Full Mitigation Fees
•
Attendance Boundary Studies
•
Demographic Studies
•
Quimby and Impact Fees
•
Cost of Service Analysis and Fee Justification
•
Land Planning and Real Estate Services
For more information, please visit www.sci- cg.com
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 3
75
TENTATIVE PROJECT TIMELINE
Following is a draft timeline for the annual levy administration. SCI can meet this
timeline; however, the City can also modify it as needed.
TENTATIVE DATE TASKS TO BE COMPLETED (PARm UsTI
January 20th Passage of resolutions directing the
preparation of the Engineer's Report.
April 28th Budgets prepared.
May 5th Complete and file Engineer's Reports with City.
May 19th Passage of resolutions of intention to levy
annual assessment, preliminarily accepting
Engineer's Reports and scheduling the Public
Hearing.
May 21 st Publish notices of public hearing (Publish
Resolutions of Intention; must occur 10 days
before Public Hearing).
June 2nd Public Hearings and approval of resolutions
approving Engineer's Reports and levying
annual assessments.
July 19th Submission of assessments to County.
August Confirmation of final levies with County.
It is understood that all regular meetings of the City Council are on the 1' and 3 I
Wednesday of each month.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 4
76
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made on , 2010, between the City of Moorpark, a
public agency, ( "City") and SCI Consulting Group ( "Consultant" or "SCI "), a California
Corporation, who agree as follows:
1. Scope of Work. Consultant shall perform the work and render the services
described in the attached Exhibit A and incorporated herein (the "Work ").
Consultant shall provide all labor, equipment, material and supplies required or
necessary to properly and competently perform the Work, and determine the
method, details and means of doing the Work.
2. Payment.
a. In exchange for the Work, City shall pay to Consultant a fee for completed
phases of Work as described in Exhibit B. The total fee for the Work shall not
exceed amounts set forth in Exhibit B. There shall be no compensation for
extra or additional work or services by Consultant unless approved in advance
in writing by City. Consultant's fee shall include all of Consultant's costs and
expenses related to the Work.
b. At the completion of each phase of Work, Consultant shall submit to City an
invoice for the Work performed during the preceding month. If the Work is
satisfactorily completed and the invoice is accurately computed, City shall pay
the invoice within 30 days of its receipt.
3. Term. This Agreement shall take effect on the above date and shall continue in
effect until completion of the Work.
4. Conflict of Interest. Consultant (including principals, associates and professional
employees) represents and acknowledges that (a) it does not now have any
investment or interest in real property and shall not acquire any interest, direct or
indirect, in the area covered by this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's services under this agreement, and (b)
in the performance of the Work under this Agreement no person having any such
interest shall perform any portion of the Work.
S. Insurance.
a. Types & Limits. Consultant at its sole cost and expense shall procure and
maintain for the duration of this Agreement the following types and limits of
insurance:
Commercial General Liability $2,000,000 per occurrence
$4,000,000 aggregate
Automobile Liability $2,000,000 per accident
Workers' Compensation Statutory limits
Professional Liability $1,000,000 per claim
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 5
77
b. Other Requirements. The general liability policy(ies) shall be endorsed to
name City, its officers and employees as additional insureds regarding liability
arising out of the Work.
c. Proof of Insurance. Upon request, Consultant shall provide to City proof of
insurance.
6. Indemnification. Consultant shall indemnify, defend, protect, and hold harmless
City, and its officers and employees from and against any and all liability, losses,
claims, damages, expenses, demands, and costs (including, but not limited to,
attorney, expert witness and consultant fees, and litigation costs) arising out of
Consultant's performance of the Work and caused by any negligent act or
omission, willful misconduct of or by Consultant or its employees, agents and
subcontractors.
7. Entire Agreement. This writing represents the sole, final, complete, exclusive and
integrated expression and statement of the terms of this contract between the
parties concerning the Work, and supersedes all prior oral and /or written
negotiations, representations or contracts. This Agreement may be amended only
by a subsequent written contract approved and executed by both parties.
8. Independent Contractor. Consultant's relationship to City is that of an
independent contractor.
9. Successors and Assignment. This Agreement shall bind and inure to the benefit
of the heirs, successors and assigns of the parties; however, Consultant shall not
subcontract, assign or transfer this Agreement or any part of it without the prior
written consent of City.
10. No Waiver of Rights. Any waiver at any time by either parry of its rights as to a
breach or default of this Agreement shall not be deemed to be a waiver as to any
other breach or default.
11. Severability. If any part of this Agreement is held to be void, invalid or
unenforceable, then the remaining parts will nevertheless continue in full force
and effect.
12. Governing Law and Venue. This Agreement will be governed by and construed
in accordance with the laws of the State of Califomia.
13. Default. In the event that Consultant defaults in the obligations of Consultant
under this Agreement, or Consultant defaults in the performance of the terms and
conditions of this Agreement, City may, at its option, declare this Agreement to be
in default and, at any time thereafter, may do any one or more of the following:
a.) enforce performance of the Agreement by Consultant; or b.) terminate this
Agreement. In the event that this Agreement is terminated, payment shall still be
due for all Work performed by Consultant through the date of the termination.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 6
i
14. Cancellation. City or Consultant may cancel this Agreement without cause. The
party desiring to cancel this Agreement shall notify the other party in writing. In
the event that this Agreement is cancelled, payment shall still be due for all Work
performed by Consultant through the date of the notification of cancellation.
15. Attorney's Fees. In the event any legal action is brought to enforce or construe
this Agreement, the prevailing parry shall be entitled to an award of reasonable
attorney's fees, expert witness and consulting fees, and litigation costs.
16. Notice. Any notice, invoice or other communication that is required or permitted
to be given under this Agreement shall be in writing and either served personally
or sent by prepaid, first class U.S. mail addressed as follows:
Public Agency:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Consultant:
Gerard van Steyn, President
SCI Consulting Group
4745 Mangels Boulevard
Fairfield, CA 94534
Any party may change its address by notifying the other party of the change in the
manner provided above.
Accepted:
City of Moorpark
Date
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
Accepted:
Gerard van Steyn, President
SCI Consulting Group
Date
PAGE 7
79
EXHIBIT A - SCOPE OF WORK
Purpose: The purpose of this contract is to outline the responsibilities SCI
Consulting Group would assume throughout fiscal year 2010 -11 in serving
as Engineer of Work and providing assessment administration services for
the City of Moorpark Parks and Recreation Maintenance and Improvement
District, AD01 -1, AD01 -2, AD01 -3, AD04 -1, AD05 -1, AD06 -1, AD07 -1, AD07-
2, AD07 -3, AD07 -4 and AD84 -2 Landscaping and Lighting Assessment
Districts.
Definitions:
City: City of Moorpark, its staff and council.
Assessment Districts: The City of Moorpark Parks and Recreation
Maintenance and Improvement District, AD01 -1,
AD01 -2, AD01 -3, AD04 -1, AD05 -1, AD06 -1, AD07 -1,
AD07 -2, AD07 -3, AD07 -4 and AD84 -2 Landscaping and
Lighting Assessment Districts
SCI or Engineer: SCI Consulting Group, and any and all employees.
Administration: Services related to the determination, levy and
collection of tax or assessment revenues.
1. Scope of Work
a. Meet with City staff, City Council, legal counsel and other individuals as
needed to establish timeline, assist with development of budgets, review
assessment data, and accomplish other tasks related to administration of the
assessments.
b. Obtain current assessor data from the County Assessor and other sources for
all parcels within the Assessment Districts boundaries.
c. From Assessor records, determine the number of parcels in each land use
category, excluding nontaxable parcels.
d. Obtain copies of Assessor Parcel Maps as required.
e. Meet with City staff, property owners, County Assessor staff and other parties
as needed to obtain information or verify assessments.
f. Update and maintain a database for each parcel within City boundaries. The
data for each parcel will include the parcel number, owner name(s), site
address, mailing address, property values, parcel type, assessment districts,
assessment, notes and other useful or relevant data.
g. Research changes in property data, property usage, property valuations and
assessment changes from the previous year for all parcels within the
Assessment Districts. Flag all parcels that require property research to
determine the appropriate assessment.
h. Research those properties that are flagged for research as well as those parcels
or areas designated by City staff as requiring further research.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 8
• ,
i. Obtain current fiscal year cost information from the City to use as a basis for
the cost estimates in the Engineer's Report.
j. Assist with the development of budgets and cost estimates for the Assessment
Districts.
k. Using the established assessment methodology, allocate the estimated cost of
improvements and expenses to all parcels within the boundaries of the
Assessment Districts.
I. Compare the assessment amount calculated for each parcel with the
assessment roll for prior year and re- verify assessments for all parcels for which
the assessment amount has changed.
m. Prepare reports of parcels with usecode changes from the previous fiscal year
to the current fiscal year and verify the assessments for such parcels.
n. Prepare reports of new and deleted parcels from the previous fiscal year to the
current fiscal year and verify the assessments for new parcels.
o. Utilize other real property data information services to obtain additional
property information, and to verify and confirm assessments.
p. Run custom- developed queries on the assessment roll to verify and check
assessment accuracy for all parcels.
q. Prepare Assessment Rolls listing parcel number, owner name, property
address, and assessment amount for each Assessor Parcel within the
Assessment Districts. Print Assessment Roll sorted by Assessor Parcel Number
and owner's name.
r. Prepare Engineer's Report for the Assessment Districts. Such Engineer's Report
will comply with the requirements of Proposition 218, Government Code and
other statutes.
s. File Engineer's Report with City Clerk.
t. Attend the City Council meeting at which the Public Hearing is held and the
Engineer's Report is approved, and other Council meetings as needed.
u. Present the Assessment Roll to City Council, summarize the assessment
methodology, answer all questions raised and assist in finalizing the project for
Council approval.
v. Develop and make available to the City an Online Parcel Locator assessment
administration software program that will allow City staff to quickly locate
parcel data by owner name, parcel number, street address or other requested
search criteria.
w. Meet the County Auditor assessment roll submission requirements and
perform tasks needed to submit the assessment levies.
x. Prepare State Board of Equalization (SBE) list of assessed public utility parcels.
y. File approved assessment roll, SBE list, Assessment Roll and Assessment
Diagram with the County Auditor for inclusion of assessments on the
upcoming fiscal year tax bills.
z. Verify and validate the County Auditor's levy data prior to the printing of tax
bills.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
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aa. Submit ten copies of final Engineer's Report and one bound copy including
Assessment Roll to City.
bb. Provide the County Auditor with our toll -free 800 phone number so property
owners can directly contact SCI Consulting Group throughout the fiscal year
regarding specific assessment levies, procedures and any other issues.
cc. Throughout the fiscal year, research and, if necessary, revise any assessments
which property owners consider to be based upon incorrect information being
used to apply the method of assessment.
dd. Directly and promptly respond to any property owner inquiries.
ee. Provide reports coinciding with the performance of the annual administration.
These reports will include a detail of the amounts submitted to the levy or
hand billed for collection, details of delinquent assessments, assessment
adjustments, collections, and assessed valuation.
ff. Provide other appropriate administrative services throughout the fiscal year.
2. Additional Services Included
a. Computer services to convert and compile Assessor data into database format
and computer services to format and submit levy data for the County Auditor.
b. Duplication of up to 10 copies of the Engineer's Report and Assessment
Diagram.
c. Computer services to convert assessment data into format required by the
County Auditor.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 10
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EXHIBIT B - COMPENSATION
In consideration for the performance of the Scope of Work, Engineer shall be
compensated as follows:
1) Compensation for assessment administration services as detailed herein for
the Landscaping and Lighting Assessment Districts for fiscal year 2010 -11 shall be
$9,850, payable as follows:
a. Upon the filing of the Engineer's Reports for City Council consideration, the
sum of $4,000 shall be due.
b. Upon confirmation of the assessment levies with the County Auditor, the sum
of $3,000 shall be due.
c. On January 31, 2011, the sum of $2,850 shall be due.
2) Compensation for assessment administration services as detailed herein for the
Parks and Recreation Maintenance and Improvement District for fiscal year 2010-
11 shall be $9,350, payable as follows
a. Upon the filing of the Engineer's Reports for City Council consideration, the
sum of $3,900 shall be due.
b. Upon confirmation of the assessment levies with the County Auditor, the sum
of $3,000 shall be due.
c. On January 31, 2011, the sum of $2,450 shall be due.
3) Customary incidental out -of- pocket expenses including legal notices, travel and
meetings shall be billed as incurred. The total amount for such costs shall not
exceed $2,200 without prior authorization from the City.
Note: All costs associated with this proposal can be financed or refunded by
assessment proceeds.
CITY OF MOORPARK
PROPOSAL FOR LEVY ADMINISTRATION, NOVEMBER 2009
PAGE 11
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