2014/03/05 Albert A. Webb Associates, Inc. Special District Admin Services PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 5th day of
March, 2014 ("Effective Date") by and between the CITY OF MENIFEE ("City") and Albert A.
Webb Associates, Corporation ("Consultant") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of Work,
(Exhibit A) and incorporated here. Consultant will perform subsequent Task Orders as
requested by the Contract Administrator, in accordance with the Scope of Work. In the event of
a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement
shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 5,
2014 and shall end on June 30, 2015 unless the term of the Agreement is otherwise terminated
or extended as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate the Agreement,
as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services
required pursuant to this Agreement in the manner and according to the standards observed by
a competent practitioner of the profession in which Consultant is engaged in the geographical
area in which Consultant practices its profession and to the sole satisfaction of the Contract
Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of this Agreement until
receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed thirty-six and 00/00 thousand dollars ($36,000) notwithstanding any contrary indications
that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and
Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
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the manner specified herein. Except as specifically authorized in advance by City, Consultant
shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of
this Agreement, based on the cost for services performed and reimbursable costs incurred prior
to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement,
and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person
doing the work, the hours spent by each person, a brief description of the
work, and each reimbursable expense;
• Each invoice must clearly identify the work performed by District
name/number.
• The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder necessary to complete the work described in
Exhibit A;
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on
invoices received, for services satisfactorily performed, and for authorized reimbursable costs
incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of
the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum
due pursuant to this Agreement within sixty (60) days after completion of the services and
submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
Professional Services Agreement with Albert A.Webb Associates for Special District Administmfion 2 of 12
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within
the maximum amount of the contract.
2.7 _Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for
all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of
the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided,
Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to
perform the services required by this Agreement. City shall make available to Consultant only
physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City. In no event shall City be required to furnish any
facility that may involve incurring any direct expense, including but not limited to computer, long-
distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Consultant has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
be included in the Consultant's compensation. Consultant shall not allow any subcontractor,
consultant or other agent to commence work on any subcontract until Consultant has obtained
all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior
to execution. Consultant acknowledges the insurance policy must cover inter-insured suits
between the City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not
less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS
($1,000,000.00) disease per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per
policy . In the alternative, Consultant may rely on a self-insurance program to meet those
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requirements, but only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets the standards
of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive
all rights of subrogation against the City and its officers, officials, employees, and authorized
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General
Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense,
shall maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence, combined single limit coverage, for risks associated with the work contemplated by
this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection against
claims arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use of
hired, owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General
Liability. Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
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4.3.2 Claims-made limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be no later than the commencement of the work.
b. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the Agreement or the work, so
long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not
replaced with another claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5)
years after completion of the Agreement or the work. Such continuation coverage may be
provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later than the
commencement of the work under this Agreement. The City shall have the right to exercise, at
the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section
is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of
all policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
Special District Administration. The name and address for Additional Insured endorsements,
Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road,
Menifee, CA 92586. The City must be endorsed as an additional insured for liability arising out
of ongoing and completed operations by or on behalf of the Consultant.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled or materially changed by either party, or
reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified,
mail, return receipt requested, has been given to the City. In the event that any coverage
required by this section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than ten (10) working days after Consultant is notified of the
change in coverage.
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4.4.4 Additional insured: arimarV insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as additional insureds with
respect to each of the following: liability arising out of activities performed by or on behalf of
Consultant, including the insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant in the course of providing services
pursuant to this Agreement. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized volunteers. The
insurance provided to the City as an additional insured must apply on a primary and non-
contributory basis with respect to any insurance or self-insurance program maintained by the
City. Additional insured status shall continue for (1) year after delivery of product(s).
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be called upon
to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Consultant shall
obtain the written approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage,
scope, limits, and forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive
remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
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• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and
withhold any payment, until Consultant demonstrates compliance with the
requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where 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 any and all losses, liabilities, damages, costs
and expenses, including attorney'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 or sub-consultants (or any entity or individual that Consultant shall bear the legal
liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification 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 the City of Menifee, and any and all of its employees, officials
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 attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), to the extent where the same arise out of, are
a consequence of, or to the extent are in any way attributable to, in whole or in part, the
performance of this Agreement by Consultant or by any individual or entity for which Consultant
is legally liable, including but not limited to officers, agents, employees or sub-contractors of
Consultant.
(c) Limitation of Indemnification. Notwithstanding any provision of this Section 5,
Indemnification to the contrary, design professionals are required to defend and indemnify the
City of Menifee only to the extent permitted by Civil Code Section 2782.8, which limits the
liability of a design professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the design professional. The
term "design professional" as defined in Section 2782.8, is limited to licensed architects,
licensed landscape architects, registered professional engineers, professional land surveyors,
and the business entities that offer such services in accordance with the applicable provisions of
the California Business and Professions Code.
(b) The provisions of this section do not apply to claims occurring as a result of City's
active negligence. The provisions of this section shall not release City from liability arising from
gross negligence or willful acts or omissions of City or any and all of its officials, employees and
agents.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of City. City shall
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have the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of
its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor
shall comply with all applicable local, state and federal laws and regulations applicable to the
performance of the work hereunder. Consultant shall not hire or employ any person to perform
work within the City of Menifee or allow any person to perform work required under this
Agreement unless such person is properly documented and legally entitled to be employed
within the United States. Consultant shall obtain a City of Menifee business license. Consultant
shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to practice their
respective professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term or this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing
signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant. Consultant
may not assign this Agreement or any interest therein without the prior written approval of the
Contract Administrator. Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator. In the event that key personnel
leave Consultant's employ, Consultant shall notify City immediately.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all
of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete
the work described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or any other
form that Consultant prepares or obtains pursuant to this Agreement and that relate to the
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matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and agreed
that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of both parties unless
required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and
all ledgers, books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and disbursements
charged to the City under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Section 9.2 of this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon oral or written
request of, the City. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the request of
City or as part of any audit of the City, for a period of three (3) years after final payment under
the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees and expenses including costs,
in addition to any other relief to which that party may be entitled. The court may set such fees in
the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement
not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of the parties.
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10.6 Consultant Representative. All matters under this Agreement shall be
handled for Consultant by Shane Spicer.
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Terri Willoughby ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
Any written notice to City shall be sent to the Contract Administrator with a copy
to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.9 Professional Seal. Where applicable in the determination of the
Contract Administrator, the first page of a technical report, first page of design specifications,
and each page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be in a block
entitled "Seal and Signature of Registered Professional with report/design responsibility," as in
the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.10 Integration. This Agreement, including the scope of work attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute one
agreement.
10.12 Nondiscrimination. Consultant shall not discriminate in any way, against
any person n the basis of race, color, religious creed, national origin, ancestry, sex, age,
physical handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
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Section 11.
The Parties have executed this Agreement as of the Effective Date.
CITY OF ME F E CONSULTANT
V/Vlnn�`//,�tvy
Scott A. Mann, Mayor Matthew Webb, President
Attest: CONSULTANT
Kathy Bennett, City Sh S is irector
Approved as to Form:
J e H. Biggs teri ty Attorney
Professional Services Agreement with Albert A.Webb Associates for Special District Administration 12 of 12
EXHIBIT A
SCOPE OF WORK
CFD 2012-1
Annual Admin/Levy $6,600
Delinquency M mt 600
Parcel Audit/Set up Fee 0
Other Items 360
Sub Total $7,500
CFD 2012-2
Annual Admin/Levy $6,600
Delinquency M mt 600
Parcel Audit/Set up Fee 0
Other Items 300
Sub Total $7,500
CSA's 33,43,84,86,138 & 145
Annual Admin/Levy $7,000
Engineer's Report 900
Notices 200
Parcel Audit/Set up Fee 0
Other Items 400
Sub Total L $8,500LIVID89-1 (Various Zones
Annual Admin/Levy $7,500
Engineer's Report 4,300
Notices 300
Parcel Audit/Set up Fee 0
Other Items 400
Sub Total $12,500
TOTAL
See Exhibit "B" for detailed scope of work and rate schedule.
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' 2 Technical Approach
Scope of Services
District Administration A.3 Data Collection
WEBB will utilize our vast understanding of all
A. APPORTION SPECIAL ASSESSMENTS/TAXES AND key documents and research data required for the
DATABASE MAINTENANCE successful comprehensive annual administration
WEBBwill utilize its WebbSTAR-Software tomaintain of the Citys Special Districts and will ensure that
acomprehensive database of theCityof Menifee's parcel all information required from the City will be
information for the Special Districts in a form such requested with ample time that all deadlines are
that the annual levy submission to Riverside County maintained.
follows the guidelines as outlined in the County s fixed
charge submission packet. WebbSTAR'will maintain B.DATA ANALYSIS AND BILLING CATEGORY UPDATES
all data related to individual parcels including special WEBB will analyze all data and documentation
tax and assessment information,principal assessments, provided to ensure all necessary information has
acreage, land use codes, zones, dwelling units, EDU been requested and collected. Changes in building
values, and property owner information,including site category from Undeveloped to Developed will be
address and tract number. WebbSTAR7 also provides input.WebbSTAR— abilities to use fields to track
a regularly updated delinquency history (delinquent the fee calculation and keep it separated where
amounts for each parcel including penalties and there is more than one billing area.
interest, reference to those referred to foreclosure
action, and paid prior year delinquency information), B.1 Parcel Information Updates
current property ownership information, assessed WEBB will provide the City of Menifee with
valuation information, and much more, annual updates of any assessor's parcel changes
recognized within each Special District.
A.1 Building Permits and Final Maps
WEBB will obtain and review all building C.BUDGET REVIEW AND RESERVE REQUIREMENT
permits provided by the City, final maps and site WEBB will review the Special District reserve
development plans for all Districts. requirements for each of the City's Special District
bond issues. WEBB will coordinate with City staff
A.2 Maintain Assessor Parcels and Geographic to ensure adequate levels are maintained through
Information Systems Maps accurate cost-recovery accounting. WEBB will assist
We obtain the latest assessor's parcel maps and City staff in preparation and review of the annual
equalized tax roll information from the Riverside Special District budgets. For the CFD, budget
County Assessor's Office for the parcels within the review includes; a) review debt service schedules,
Special Districts, and Geographic Information b) reviewing the administrative expenses for each CFD
for the current Fiscal Year, c) review all fund balances
System (GIS) shape files for our in-house GIS in correlation with the debt service requirement
platform. WEBB will load this information to aid and administration costs to determine any surplus
in identifying parcel changes allowing for timely fund credits, and d) review any CPI adjustments, if
calculation for the initial levy submittal, and not necessary.WEBB will also determine whether all other
relying on rejected submittals from the County to fund balances are properly identified and maintained.
identify these changes.
- . • . . o 8
7lirou�(v b+d(ax�.w.sl�+mov?.:n+,. EXHIBIT"B" Section 2.
D.CREATE TAX ROLL APPLICATION G.PRELIMINARY/FINAL ENGINEER'S REPORT
WEBB will prepare the annual application for the WEBB will prepare the Annual Engineer's Report
tax rolls in an format acceptable to the Auditor/ pursuant to Government Code Section 61115 and the
Controller-Recorder, including the preparation of the provisions of California Article XIIID (Proposition
Proposition 218 Compliance letters for each 218). This report will include the following required
Special District. items:
• A general description of the District,which may
E.ELECTRONIC LEVY DETAIL INFORMATION include key historical facts, zone designations
WEBB will provide an electronic listing format, and discussion of the District benefits;
mutually agreed upon by both parties and acceptable • A description of the plans and improvement
to the City's printer, which will contain the District specifications;
E
number, parcel number, and maximum special tax • District budgets and levy summary;
charge for each parcel. • District Services and charges;
• Changes to the District including notable and
F.SUBMIT ANNUAL LEVY proposed modifications; x
WEBB will,in consultation with City staff, determine • A description of the Method of Apportionment; t
the Levy requirement for the current Fiscal Year prior • A diagram of the District(provided by the City);
to the last working day of July. WEBB will calculate • An assessment of the estimated cost to each r
and prepare the annual levy for the each Special District parcel; and
separately in a format and media acceptable for direct • An affidavit stating that a professional engineer s
submission to the Auditor-Controller's Office prior to has prepared the report.
i
the statutory deadline and shall perform adjustments {
and corrections to the levies on the property tax rolls G.1 Report Reproduction
as necessary. WEBB will provide the City with two (2) bound l
copies of the full Engineer's Report including the i
F.1 Annual Levy Corrections assessment roll; one (1) copy for the City Clerk,
If any corrections/revisions to the secured tax roll and one (1) copy for City staff, and one (1)
are determined to be necessary after the deadline, unbound copy of the Engineer's Report for staff to
WEBB will research, recalculate and, with the reproduce,as needed.
City's approval, rectify the issue. WEBB will
notify the City of any assessor's parcel numbers x
that were rejected by the County and therefore P
will not be assessed.
, u
F.2 Direct Bills „
WEBB will prepare and mail Direct Bill
(invoices) to all property owners whose proposed
annual assessment for their parcel could not s
be applied to the County tax roll (parcels for f
which the County does not generate a tax
, i
bill). 'Ihese handbills would be provided in
two (2) installments, similar to the County tax
bills, and would be payable either to our PO Box
or directly to the City.
9 Section 2. TechnicalApproach
;
EXHIBIT"B" 2ensv r eoc is R-0647 .4
r
G.2 Notice of Public Hearing H.1 Delinquency policy
WEBB will review the Notices of Public Hearing WEBB will review and make recommendations to
prepared by Legal Counsel. WEBB will mail the the City that any policies established related to the
Notice of Public Hearing to all eligible property collection of delinquent assessments are consistent
owners within the proposed District from data with the foreclosure covenant and/or with the
gathered in previous tasks. WEBB will determine requirements of the Special District and the bond
the property owners in accordance to statutory issue.
noticing requirements and in accordance with
Proposition 218. We will generate a mailing H.2 Delinquency database, tracking, and
list by using the latest assessor's parcel maps and reporting
equalized tax roll information from the Riverside WEBB will research the records of the Riverside
County Assessor's Office as well as our in-house County Tax Collector for payment information
GIS platform. For this task we will complete the to determine which parcels are delinquent after
following: the December 10 and April 10 property tax
• Notice review installment due dates. Our delinquency reports
• Property owner address labeling will include, for each Special District, parcel lists
• Mailing of Notices showing the APN,property owner and delinquent
• Answer all Notices related questions between amount for each parcel. Reports will be prepared
the time of mailing and the Public Hearing to reflect the delinquency status of parcels after
(45 day period) each installment due date. WEBB will maintain
a database, WebbSTAR" that includes a regularly
G.3 Annual levy report-summary information updated delinquency history of the parcels located
Once finalized, WEBB will provide the City with in each Special District, as derived from the
a hard copy and an electronic copy of the Annual Riverside County propertytaxsystem.Delinquency
Levy Report containing the information used to history shall include delinquent amounts for
calculate the annual installment amount for each each parcel including penalties and interest due,
parcel as well as a summary of the total annual levy reference to those parcels that have been referred to
for each Special District. Foreclosure Counsel, and prior year delinquencies
that have been paid.
H.DELINQUENCY MONITORING
WEBB will provide comprehensive delinquency I.KICKOFF MEETING-COMMUNICATIONS
management services to the City regarding the Special The purpose of this task is to coordinate with the
Districts and advise on any policies established, City to gain understanding of the specific goals,
provide accurate delinquency tracking and reporting, components and criteria to meet the City's needs.
prepare the appropriate notifications for property To that end, WEBB will meet with the City staff to
owners, coordinate with the City and foreclosure confirm the schedule of events for the City's LMD,
counsel, assist in coordinating the collection process, CFDs and CSAs including; debt service requirements,
and monitor any payment plans. administration expenses, reserve funds, identifying
eligible annexations (if necessary), and discuss and
identify the boundaries. WEBB will collect and review
data germane to the Special Districts.
Section 2. Technical Approach 10
�(% i. 74"u9 i !7i+oToz�,e•n,eC 7iw�.ovafiion. EXHIBIT"B"
1.1 Annual Levy Timeline K.WEBBSTAR"
WEBB will coordinate with City staff to develop WEBB has made significant investments into its
timelines, including key dates and timeframes for technological architecture including both software
pertinent tasks throughout the year for the annual and hardware. In 2006, WEBB began developing its
administration services. own proprietary software founded on more than thirty
years of experience in providing special assessment and
J.INITIAL AND PRIMARY CONTACT tax consulting services to municipalities. WEBB has
WEBB will serve as the initial and primary contact phasedthis project by implementing an in-house sequel
to City property owners, title companies, and other database structure which gave us a useable blueprint on
interested parties regarding the District proceedings how to structure our new WebbSTAR"' application.
and annual installments. A toll free telephone number, WebbSTA ' is a proprietary database management
of WEBB designation, will appear on the regular program designed to support municipalities and
property tax billing, next to the specific line item, local agencies in providing administrative services for
to facilitate contact with the public. The City may property related fees, assessments, charges, and taxes.
also refer property owners, title companies and other
interested parties in regards to the Special District Using WebbSTARW" our associates can perform the
proceedings and annual installments. following tasks:
i
• Assessments information
J.1 Responses to property owner question Maintain property information and parcel data
J
WEBB will serve as the initial and primary • Calculate special assessments and annual tax e
contact to the City of Menifee property owners, amounts
title companies, and other interested parties • Maintain delinquency information
r
regarding the District proceedings and annual • Perform parcel changes and apportionments
installments. A toll free telephone number, of • Manage debt service schedules and perform
WEBB designation, will appear on the regular bond calls i
property tax billing, next to the specific line item, • Log property owner calls and notes
to facilitate contact with the public. Generate a multitude of reports
J.2 Toll Free Number As a web-based product WEBB has also secured an EV
WEBB will provide a toll free phone number for SSL (Extended Validation) Certificate which provides i
the City to refer property owners, title companies, the highest website security assurance available with
a 2048-bit encryption, This technology is the latest
and other interested parties to in regards to the
District proceedings and annual installments. available and gives assurance to those visitors accessing
the website that they are interacting with a secured
domain.
, y
t
I Our unique approach to administration services will
provide optimal results for the City. The City will
benefit from the expertise and technical capabilities l
possessed by key members of the project team,
including effective communication that is consistent
with the services we currently provide. The City will
1 have access to the many technological and engineering
resources WEBB has as a result of being a full service
engineering firm.
11 Section 2. TechnicalApproach
EXHIBIT"B" Mov,,,7 ,I 7rw ,mon '-
L.INTERNET/INTRANET BASED SITE N.1 Gathering information
Since WebbSTAR— is currently an in-house software To conduct the audit and analysis, WEBB will
program we respond to all property owner inquires, collect and review data germane to the City of
provide explanations of the line items on their tax bill, Menifee's Special Districts listed below:
description of the facilities,maturity dates if applicable, CFD 2012-1 (Audie Murphy Ranch
maximum tax rates, delinquency information, and
payoff amounts. We take pride in our abilities to Maintenance CFD);
provide customer service to all property owners. This CFD 2012-2 (Hidden Hills CFD);
way we ensure they are getting accurate information Community Services Areas;
and isn't necessary to have internet access to retrieve
any information. District 33: Lighting, Park and
Recreation;
M.COUNCIL MEETINGS
WEBB is also available to attend informal meetings District 43:Lighting;
or hearings held for the purpose of disseminating District 84:Lighting;
information to the public.WEBB will befullyprepared District 86:Roads,Law Enforcement
to present all necessary testimony and to respond to all
District 138:Lighting
public comments.
• District 145: Lighting, Park and
N.AUDIT AND ANALYSIS REPORT Recreation,Landscaping
WEBB will prepare a report referencing the
Audit and Analysis including the following for Landscaping and Lighting Districts LLMD
each special district as of the Fiscal Year 2013-14: 89-1-C
i) a summary of the parcels included in the Levy's, Assessment Zones-14
ii) the total number of the newly identified properties,
iii) the total number of newly taxable properties, Street Lighting Zones-18
iv) the total number of exempted properties, and
v) a detail summary in an electronic format including
the individual APN, use code, property use identifier
and acreage.
Section 2. Technical Approach 12
74".pl. iitCox�,ps.cl�i+.n.ovw7iow EXHIBIT
City of Mcnifee
Special District Administration Services
DescriptionTask
CFD 2012-1(Audie Murphy Ranch) u
Annual Admin/Levy 10 30 6 2 48 $6,628 -$6,600 g.
Delinquency Management 3 2 5 $586 $600
Parcel Audit/Setu Fee $0 Waived
Other Items 3 3 $384 $300
r $ 7,598
CFD 2012-2(Hidden Hills)
Annual Admin/Levy 10 30 6 2 48 $6,628 $6,600
Delin uency Man agement 3 2 5 $586 $600
Parcel Audit/Set up Fee 1 $0 Waived
Other Items 3 3 $384 $300
Subtotal I 36 8 2 56 $ 7,598 $ 7,500 x
CSA's(33,43,84,86,138&145)
Annual Admin/Levy 10 30 SO 3 53 $7,133 $7,000
Engineer's Report 1 3 1 2 7 $885 $900 '
Notices 2 2 $256 $200
Parcel Audit/Set up Fee $0 Waived
Other Items 3 3 $384 $400
$ 8,658 $ 8,500
LIVID 89-1-C(Several) e
Annual Admin/Levy 12 30 10 3 55 $7,529 - $7,500
Engineer's Report 3 20 10 2 35 $4,366 $4,300
Notices 2 2 $256 $300
Parcel Audit/Set up Fee $0 Waived
Other Items 3 3 $384 S400
r 5 95 $ 12,535 $ 12,500
$ 36,389
schedule 33
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Y
4
i
22 Section 3. Sfaffing • • Fees `*
EXHIBIT"B" �2e,v�?A 7/inoV/i Ala,.2�,c�rue�7ruwors?iow
A 1. 2 F R T A.
ETA H Do 111 FEE SCHMULE
Ass o ct nt , s
CLASSIFICATION RATES
HO
Engineers/Project Manager/Planners/Scientist/
Assessment/Special Tax Consultants/Landscape Architects/Designers
PrincipalII.......................................................................................................................... 198.00
Principal I............................................................................................................................ 190,00
SeniorIII ............................................................................................................................ 173.00
Senior 11 ............................................................................................................................. 162.00
SeniorI............................................................................................................................... 157,00
AssociateIII ........................................................................................................................ 149.00
AssociateIl ......................................................................................................................... 128.00
AssociateI .......................................................................................................................... 122.00
AssistantV................................................................................................................I.......... 105.0o
Assistant IV ........................................................................................................................ 101.00
AssistantIII ........................................................................................................................ 92.00
Assistant11............................................................................................................ .... 76.00
...........
AssistantI ........................................................................................................................... 62.00
Survey Services
3-Person Survey Party.......................................................................................................... 242.00
2-Person Survey Party.......................................................................................................... 212.00
]-Person Survey Party............................................................ .............. 130.00
................................
Director of Survey.............................................................................................................. 167.00
. . .
Managerof Field Operations............................................................................................... 124.0o
SurveyTechnician ll............................................................................................................ 108.00
SurveyTechnician I..................................................................................................I......I... 89.00
Inspection Services
ConstructionManager........................................................................................................ 150.00
InspectorII......................................................................................................................... 105.00
InspectorI .......................................................................................................................... 94.00
Administrative Services
ProjectCoordinator............................................................................................................. 86,00
AdministrativeAssistant III....................................................................._........................... 72.00
Administrative Assistant It................................................................................................... 62.00
Administrative Assistant I ................................................................................................... 46,00
Other Direct Expenses
Incidental Charges .............................................................................................................. Cost
Postageand Telephone ._..................................................................................................... Cost
In-house Prints.Copies and Delivery.................................................................................. Cost
Traveland Subsistence........................................................................................................ Cost
Special Consultant....................................................................................... 275.00/Hour
GISLicense Fee................................................................................................................... 39.00/1-lour
SubcontractedServices........................................................................................................ Costa 15%
Survey/Inspector Vehicle..................................................................................................... 0.77/Mile
Mileage................................................................................................................................ 0.68/Mile
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
'A FINANCE CIIARGE.F.rte and one half,.,.,(1-1/2%)pee month(18%per year)will be addeJ io any unpaid amoum comnknaing diirry l3R)dal,from dare of
.moiee. Am«hanil:lien may be fled for any invoice remaining unpaid arrer ehinv(30)days from dam ofinaniee.
SCH 34(07101108 RM
StaffingSection 3. . . Fees 23 ,
y it rs�7/ 7"o s,4 i+6(o-u',a...d 7wwovw�iow EXHIBIT"B"