HomeMy Public PortalAboutAgreement_2017-03-08_Harris & Associates_ Annual Administration_Assessment Levy Services_3rd AmendmentTHIRD AMENDMENT TO
CONSULTING SERIVCE AGREEMENT
by and between
the
CITY OF TEMPLE CITY
and
HARRIS & ASSOCIATES
Dated March 8, 2017
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THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR ANNUAL ADMINISTRATIVE/ASSESSMENT LEVY SERVICES
This Third Amendment to Consulting Service Agreement ("Third Amendment"), which
is dated for reference as indicated on the cover page, is hereby entered into by and between the
CITY OF TEMPLE CITY, a California charter city ("City"), and HARRIS & ASSOCIATES, a
Corporation ("Consultant"), as follows:
RECITALS
A. City and Consultant entered in Consulting Services Agreement on February 4, 2014
("Agreement"). The Agreement provides that Consultant will provide Annual
Administrative/Assessment Levy Services for Fiscal Year (FY) 2014-15.
B. On February 3, 2015, City and Consultant executed a First Amendment to the Agreement
for Annual Administrative/Assessment Levy Services for FY 2015-16.
C. On February 16, 2016, City and Consultant executed a Second Amendment to the
Agreement for Annual Administrative/Assessment Levy Services for FY 2016-17.
D. On March 7, 2017, the City Council adopted Resolution No. 17-5238 ordering the
Engineer's Report to establish assessment rates for FY 2017-18 and directing that work
to be performed by Consultant.
E. This Third Amendment amends Section 2 to respond to the City Council's direction that
Consultant will provide the Annual Administrative/Assessment Levy Services for FY
2017-18.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Third Amendment which modifies and amends the Agreement as
follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 Exhibit "A" Scope of Services is hereby amended as shown in Attachment
"1" to this third amendment.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in
this Third Amendment, the Agreement remains in full force and effect and binding upon the
parties.
2.2 Integration. This Third Amendment consists of pages I through _
inclusive, which constitute the entire understanding and agreement of the parties and supersedes
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all negotiations or previous agreements between the parties with respect to all or any part of the
transaction discussed in this Third Amendment.
2.3 Effective Date. This Third Amendment shall not become effective until
the date it has been formally approved by the City Council and executed by the appropriate
authorities of the City and Consultant.
2.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Third Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Third Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this Third
Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
the Agreement on the date and year first written above.
ATTEST:
Peggy Ku &, City Clerk
q-5-1%
APPROVED AS
Eric S. VaiVCity Attorney
CITY:
THE CITY OF TEMPLE CITY
By:
Bryan Cook, City Manager
CONSULTANT:
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By: 1iv!
Name: VhQjnLf L4R*0P7�
Title:
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Name:
Title:
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S
BUSINESS ENTITY.
Riv a44n-1328-2571 v1 -4-
CERTIFICATE OF THE CEO/PRESIDENT
OF
HARRIS & ASSOCIATES, INC.
Authorization to Enter into Contracts and Proposals
Pursuant to the authority granted by Section 5.3 of the Bylaws of Harris & Associates, Inc., a California corporation
("Company"), and the delegation of authority by the Board of Directors of the Company, to the President/CEO, the
undersigned, as President/CEO, hereby authorizes the individuals named below to have the authority to enter into
contracts and proposals and Incur obligations in the amounts set forth below for contracts with acceptable risk. Those
contracts that have questionable risk must be elevated to the Executive Leadership Team ("ELT") for review and
approval. These individual authorities shall remain in effect until the designated individual's employment or position is
terminated, or the signing authority is revoked, changed or amended by a duly executed Certificate of the
President/CEO.
Contracts and Proposals In Unlimited Amounts:
C -suite and Division Presidents (SVP's):
Lisa V. Larrabee
Steven Winchester
Ehab S. Gerges
Glenn Suitor
Contracts and Proposals up to Five Million Dollars ($5,000,0001
Division Practice Leaders (VP's):
Christopher J. Dunne
Gary H. Yagade
K. Dennis Klingelhofer
Contracts and Proposals up to One Million Dollars ($1,000,000)
Joe T. Webber
Randall G. Berry
Matt C. Nethercutt
Vernon A. Phillips
Contracts and Proposals up to Two Hundred Fifty Thousand ($250,0001
Scott D. Alman
Sam S. Yaghmaie
Jasmine C. Cuffee
Alex Yescas
Carole Sanders
Frank Lopez
Patrick M. Dobbins
Serafin Fernandez
Alison Bouley
Ann Hajnosz
Diane Sandman
Sean R. Dunbar
Roger Kohne
51
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the President as of this "1�day of
u
� hrrA 2017 � ��
Lisa V. Larra ee, President & CEO
ALL
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On I
before me,
Dale
personally appeared
DARLE LIANE LYNCH
rrc Commission • 2078094
Notary Public • California i
= Orange County s
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who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:
❑ Individual
❑ Corporate Officer
Titles)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Persons) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
ATTACHMENT 1
EXHIBIT A
City of Temple City January 31, 2017
Assessment Engineering Services
Citywide Lighting and Maintenance District — FY 2017-18 Page 1 of 3
Scope of Services
Annual Administration / Assessment Levy Services
Provisions of the Landscaping and Lighting Act of 1972 will be used in completing the work. This
scope of work is based on the assumption that there will be no increases in assessment rates as
defined by Article XIIID of the California Constitution (Proposition 218) and the Proposition 218
Omnibus Implementation Act. Additionally, this scope assumes that one (1) Engineer's Report will be
provided.
1. Research. Obtain all available information from the City regarding the district, including the current
assessment databases, electronic map files from the City, a listing of projected expenditures and
revenues and any additional information. Update the current database files with the latest
Assessors parcel numbers and land use information.
2. Meetings and Coordination. Meet with City staff to review the district, receive budgets and confirm
schedule; conduct one status meeting in conjunction with the draft Engineer's Report and one for
the final Engineer's Report, if required; attend the City Council meetings considering the Resolutions
of Intention and the public hearings, and provide technical support and answer questions. Total of
up to five (5) meetings.
3. Engineers Report. Prepare the Engineer's Report setting the annual assessment rates for the next
fiscal year based on budget estimates from City. Furnish electronic PDF copies of the draft Report
for review and comment. Furnish one electronic copy in PDF form, up to twenty (5) copies of the
finalized Report and one copy of the Preliminary Assessment Roll for processing and filing.
4. Submittal to County. After confirmation of assessments, prepare an Assessment Roll in electronic
format, as required by the County Auditor -Controller for inclusion of assessments on the property
tax bills. Submit the roll to the County and, after receipt of the County's exception report, make any
required corrections. Deliver up to two (2) bound copies of the accepted Assessment Rolls to the
City and a copy of the electronicfile.
The following is a preliminary schedule for the annual assessment levy proceedings, which shows a
public hearing for the annual assessments being held in late June. This schedule may be revised as
needed by the City.
Preliminary Annual Assessment Levy Process Schedule
Task
Notice to Proceed / Initial Meeting
Est. Date I Feb I Mar Apr I May I Jun Jul I Aug
late Feb -17
Research and Database Update
early Mar -17
Receive Budgets from City
mid Mar -17
Draft Engineer's Reports
late Mar -17
Review comments with City
early Apr -17
Final Engineer's Reports
early Apr -17
Resolution of Intention
18 -Apr -17
Public Hearing
16 -May -17
Submittal to County
by8-Aug-17
EXHIBIT A
City of Temple City January 31, 2017
Assessment Engineering Services
Citywide Lighting and Maintenance District — FY 2017-18 Page 2 of 3
Responsibilities of the City
• Secure qualified legal counsel to provide legal advice to the City and Assessment Engineer.
• Provide resolutions required by the City Council and all legal notices, and schedule and agendize City
Council meetings and hearings as required under the Act.
• Provide the Assessment Engineer with budgets for all improvements to be maintained.
• Provide access to records and data for land use data, including electronic map files, and any other
pertinent information.
Project Team
Each of our team members has extensive assessment engineering and special financing experience. They
thoroughly understand the provisions and implications of Prop. 218, and have provided special and
general benefit analyses for all types of improvements.
Assessment Engineer - K. Dennis Klingelhofer, P.E. is a registered Professional Engineer in the State of
California and will be the assessment engineer. He has over 30 years of assessment and financial
engineering experience consulting to cities, counties and special districts throughout the State of
California. He has assisted agencies with the analysis of special benefit from various types of
improvements, in accordance with the requirements of Article XIIID of the California State
Constitution (Proposition 218). He has prepared Engineer's Reports and Assessment Diagrams, and
has assisted with presentations to City Councils and property owners, the preparation and mailing of
notices and ballots, and ballot tabulation.
Project Manager—Carol Hill will be the project manager and will be responsible for coordinating all
aspects of the project, maintaining a close liaison with the City and ensuring the City satisfaction
with the services. She will be the main point of communication between the project team and the
City and will direct the activities of the project.
Ms. Hill has over 14 years of assessment and financial engineering experience, and has been
responsible for the technical aspects of Public Financing Districts pursuant to the Municipal
Improvement Act of 1913, the Landscape and Lighting Act of 1972, Mello -Roos Community Facility
Districts, Fire Suppression Assessments, Non -Mello -Roos Special Tax Districts, and
Reassessment/Refunding Districts per the 1984 Act, as well as property -related user fees.
Additional staff will be utilized as necessary under the direct supervision of Ms. Hill.
Proposed Fee
Based upon our understanding of the scope of services and our experience on similar projects, Harris &
Associates will provide these services for a lump sum fee of $8,500 per year plus a not to exceed $750 per
year for reimbursable expenses related to the insurance endorsements required by the City.
EXHIBIT A
City of Temple City
January 31, 2017
Assessment Engineering Services
Citywide Lighting and Maintenance District— FY 2017-18 Page 3 of 3
Additional Services will be performed for a mutually agreeable fee and in accordance with our current
schedule of the hourly rates.
Most indirect expenses (such as mileage, duplicating and postage) are included in the lump sum fees
shown above, except as noted.
Invoices for these services will be submitted monthly for services provided in the previous month and
shall be paid within 30 days of receipt.