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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 RN 44840-1328-2571 vl 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 RN 94840-1328-2571 v1 -2- 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: 1-41te�.tS A4,5C6CLal"ES7 RN#4840-1328-2571 vl -3- dlAa'� By: 1iv! Name: VhQjnLf L4R*0P7� Title: M 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 Comm. Expires Au 16.2018 S 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.