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2024/03/11 Spicer Consulting Group Amendment No. 1 to Professioal Services Agreement Special District Administration Services AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT SPECIAL DISTRICT ADMINISTRATION SERVICES AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT SPECIAL DISTRICT ADMINISTRATION SERVICES This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on October 9, 2023 between the City of Menifee (“City”) and SPICER CONSULTING GROUP (“Consultant”) for SPECIAL DISTRICT ADMINISTRATION SERVICES, which this Amendment No. 1 is made and entered into on ______________, 2024 to increase the compensation amount, and augment the scope of services as indicated below: 1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement. 2. SECTION 2, “Compensation” is amended to increase the maximum compensation by One Thousand Dollars and Zero Cents ($1,000.00), and is amended to read as follows: SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Ninety Two Thousand Eight Hundred Sixty Five Dollars and Seventeen Cents ($192,865.17) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the 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 the 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 the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in 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. 3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows: SCOPE OF SERVICES Consultant shall provide SPECIAL DISTRICT ADMINISTRATION SERVICES in the amount not to exceed One Hundred Ninety Two Thousand Eight Hundred Sixty Five Dollars and Seventeen Cents ($192,865.17) as further detailed in the following page(s). 4. All other terms and conditions of the Agreement remain in full force and effect. 5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 March 11 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT SPECIAL DISTRICT ADMINISTRATION SERVICES CITY OF MENIFEE SPICER CONSULTING GROUP _______________________________ _______________________________ Armando G. Villa, City Manager Shane Spicer, Managing Director Attest: ________________________________ Shane Spicer, Managing Director _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A EXHIBIT A SUPPLEMENT TO SCOPE OF SERVICES [SUPPLEMENT BEGINS ON FOLLOWING PAGE] DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A Administration Services: a. The City will provide the Consultant with access to information on all building permits issued during the periods specified in the Methods of Apportionment included in the Engineer’s report and/or Rate and Method of Apportionment of Special Tax for each District. The Consultant will obtain and review building permit information, final maps and site development plans for all Districts as well as all relevant information on fi le. Note that all building permits may refer to lot numbers rather than parcel numbers, addresses, final maps and site development plans for all Districts as well as all relevant information on file. Current Assessor Parcel listings shall be obtained. b. Based on information provided by the County and the City on currently valid parcels, Consultant shall update the database for each District. This database will need to be created during the initial year. The databases used for fee calculation must be sep arated where there is more than one billing area. Changes in billing category (from “Undeveloped” to “Developed”) must be input. Acreage for developed and extended areas shall be subtracted from the undeveloped acreage. c. The Consultant shall calculate the maximum Special Tax rates by adjusting the previous year’s rates as specified in the Rates and Method of Apportionment of each Special District. Based on information provided by the City regarding budget requirements for the following fiscal year, fund balances and reserve requirements, the actual Special Tax rates for each billing category shall be determined and the costs distributed in accordance with the Rate and Method of Apportionment for each District. d. Prior to June 30, Consultant will provide the City with Assessment rates for each District, and each billing category within said District. e. Prior to County submittal, the Consultant will provide to the City a computer file or other mutually agreed upon format that will include the District number, parcel number and maximum Special Tax charge on each parcel in a format which will be acceptable to the County of Riverside Auditor-Controller’s Office. f. The Consultant shall compile and transmit a complete list of the actual special tax/assessment levies for each assessor’s parcel in each Special District, via computer file, to the County Tax Collector and the County Assessor, prior to the last working day in July. Note that since there will be a separate fund for each District, the list for each District must be kept separately. The Consultant shall make any corrections to the information on the file requested by the County prior to the established deadl ine. g. The Consultant will prepare all applicable annual preliminary and final Engineer’s Reports and corresponding resolutions to submit to the City. Additionally, the Consultant will prepare applied and/or annual reports. Report shall include information and assumptions used to derive the maximum and annual rates, a report on Special Taxes owed, with parcel numbers and amounts given; the amount of delinquent taxes to be spread over the undeveloped parcels; and a list of all parcels in each District with the DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A following information: acreage, residential square footage, rate category, area (where applicable), maximum allowable charge and actual charge. h. Based on information obtained from the County, the Consultant shall prepare annual delinquency reports in order to determine the amount of delinquent taxes, which will need to be spread to the undeveloped parcels. i. The Consultant’s staff shall attend an initial kickoff meeting, in April of each year, and a meeting upon completion of the draft of the special tax/assessment district reports with the City’s staff. j. At the City’s request, the Consultant shall be the initial contact for all questions from property owners and developers. k. Consultant shall provide an internet based site that can be accessed by the public to retrieve basic assessment information, by parcel number, including, but not limited to: • Original assessment charged to property • Remaining balance of original assessment • Total annual amount being levied on the property and a detailed description of charges. • Year-to-Date payments l. Consultant shall provide internet/intranet based site, which can only be accessed by authorized City employees. The site shall contain information as described in item (k) above, with additional administrative information such as delinquencies, foreclosur e actions, and should have basic reporting capabilities. m. At the City’s request, the Consultant should be available to attend City Council meetings at which services included in this contract are to be discussed. n. Consultant shall conduct an audit of parcels and assessments for each district, to be concluded before the initial year’s assessment process is completed. o. Consultant shall perform ongoing services regarding further annexations into CFD 2015 - 2 and/or CFD 2017-1. p. Consultant shall provide comprehensive and ongoing bonded CFD Formation and Bond Sale Services. DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413 EXHIBIT A DocuSign Envelope ID: 0B1E7900-232D-49C5-846F-505B163F4413