HomeMy WebLinkAbout05030 - MUNIFINANCIAL PARKWAY MAINTENANCE DISTRICT PMD 10 ANNEXATION SERVICES _....... _ ......
DOCUMENT TRACKING
Page: 2
Report: Soon to Expire Documents Listing November'1,2005
Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs
Document# Company Group Service Aorvi Date Expire Date Close Date
A5030 Muni Financial ENGINEERING G� A In Flle 01/28/2005 12/01/2005 oq il(Q 195
A5031 Dateland Construction Co ENGINEERING rV5 In File 01112/2005 01/01/2006 001./'db/05-
A5034 Hilton,Farnkopt&Hobson LLC CITY MANAGER In Flle 02102/2005 12/31/2006
A5037 P S Gun Club POLICE DEPARTMENT In
In File 02/0712005 12/01/2005
A5039 Dateland Construction Co ENGINEERING C\09 ' In Hie 01/12/2005 01/01/2006
A5050 Stumbaugh&Associates Inc. PROCUREMENT NOC 01/0512D05 01/01/2006
A6057 Infotox Inc ENGINEERING Q.p5eA In File 03/25/2005 12/3112005 D7loa ID5
A5061 Richter Group FIRE DEPARTMENT In File 04/05/2005 12/30/2005
A5091 Hanson House Foundation PARKS&RECREATION In File 05/04/2005 12/31/2005
A5092 Tri Star Contracting ENGINEERING &oseA In File 05/0412005 12/31/2005 O S 105 COS
A5109 Desert Sun PIO In File 12/20/2004 11/28/2005
A5114 10
JR Planning&Design F�S'4 p R ENGINEERING None None 06/08/2005 12/31/2005 ?q
A5122 Tri Star ENGINEERING OV)SeQ In File 06/20/2005 12/31/2005 oS
A5125 Lynco Associates COMMUNITY& In File 07/06/2005 11/17/2005
A5144 JR Planning&Design AIRPORT In File 07/2112005 12/31/2005
A5146 Linda Tette POLICE DEPARTMENT In File 08/19/2005 12/30/2005 I
A5149 Infotx Inc ENGINEERING �� In Flle 08/19/2005 12/31/2005 0913010.9'
A5169 Alms Underground ENGINEERING QDMd- In Flle 10/06/2005 12/31/2005 11 L 98 6D5
A5174 NXTCYCLE RECYCLING In File 10/14/2005 12/3112005
* * * *** END OF REPORT"
ON
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MuniFinancial
PMD 10 Annexation Svc
AGREEMENT#5030
CM Signed 01-28-05
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Parkway Maintenance District No. 10 Annexation Services
THIq1CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into this _)W day of 6nQea , , 2004, by and between the CITY OF PALM
SPRINGS, a municipal corporation (herein "City") and MuniFinancial (herein "Contractor').
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that all work and services set forth in the Scope of Services will be performed in a
competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of
the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Eight Thousand Five Hundred Dollars ($8,500.00) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Jim McGuire is hereby designated as
being the principal and representative of Contractor authorized to act in its behalf with respect to
the work and services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Marcus Fuller, P.E. is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services
specified herein and make all decisions in connection therewith ("Contract Officer'). The City
Manager of City shall have the right to designate another Contract Officer by providing written
notice to Contractor.
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-1- ORIGINAL BID
AND/OR AGREEMENT
i,',�. �_ .. ��. �� .. f Dwas- ,
3.3 Prohibition Aqainst Subcontractinq or Assiqnment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth. Contractor
shall perform all services required herein as an independent contractor of City and shall remain
under only such obligations as are consistent with that role. Contractor shall not at any time or
in any manner represent that it or any of its agents or employees are agents or employees of
City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual
liability, personal injury, independent contractors, broadform property damage, products
and completed operations. The General Liability Policy shall name the City of Palm
Springs, its officers, employees, and agents, as additional insured in accordance with
standard ISO additional insured endorsement form CG2010(1185) or equivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance
in such amount as will fully comply with the laws of the State of California and which will
include $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$500,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability
insurance in a minimal amount of $1,000,000 if contract has professional liability
exposure, as may be required in Exhibit"A".
All of the above policies of insurance shall be primary insurance. The insurer shall
waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents, and their respective insurers. In the event any of said policies of
insurance are canceled, the Contractor shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
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The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same polices of insurance that the Contractor is
required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers,
agents and employees against, and will hold and save them and each of them harmless from,
any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or
claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities of Contractor, its agents, employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions
of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or employees
but excluding such claims or liabilities arising from the sole negligence or willful misconduct of
the City, its officers, agents or employees, who are directly responsible to the City, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs
and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to
the City, its officers, agents or employees, any and all costs and expenses incurred by the City,
its officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this Agreement shall continue in full force until December 31, 2005.
5.2 Termination Prior to Expiration of Term. Either party may terminate
this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the
other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all
work or services hereunder except as may be specifically approved by the Contract Officer. In
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the event of termination by the City, Contractor shall be entitled to compensation for all services
rendered prior to the effectiveness of the notice of termination and for such additional services
specifically authorized by the Contract Officer and City shall be entitled to reimbursement for
any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Aqainst Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to
the person at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
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which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys fees, whether or
not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
i Clerk City�JJan r G`
O-U�uel alr'�',yti rira
CONTRACTOR: MuniFinancial Check one._Individual_Partnership Corporation
27368 Via Industria,Suite 110
Temecula,CA 92590
Corporations require two notarized signatures: One from each of the following' A. Chairman of Board, President, or any Vice
President:AND�8ecretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: ( -�f-..'.„%/E,'!(?--7T9 Z- - By
Signature(np(zzed) Signature(notarized)
,_
Name:- Anne Pelej Name: lee)Y
Title:_ Vice President Title: Sr f2.E 7pnr
Address: 27368 Via Industria Address: ?12,f �/gT�usf �UE.y f7Fr76g,
Temecula, CA 92.590 14*14,01 ern e')4 92L9006
Stateof Cali£orniij State of CK4 , )
Countyof Riversid�is coru-nlyof C)1jP)VKe_: 7ss
On January 21 , 2005 before me, O `+\D C���),.A..Z u'1?�.S e�`{ c�� before me,
Arlene Romane] 1 i . Nnf-Ary PnhI ;
personally appeared Anne. Pe.1 P j , personally appeared
personally known to me (9r prev"to.me-0n_L1e_aasis_ot personally known to me (ar_p?cued-to-me-orrthe-basis-of-
satisfaetaryevidenee) to be the persons} whose name(sj sat fis actQra!eYudence) to be the person(s) whose name(9)
is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged
to me that he/she#hey-executed the same in his/her/khac- to me that he/she(thby-executed the same in his/Iie[Aheir
authorized capacity(tes), and that by+ie/her/t#ieir slgnaturets) authorized capacity(ies), and that by his/heiritfierr signature(q
on the instrument the persorrt , or the entity upon behalf of on the instrument the person(s,), or the entity upon behalf of
which the person(s)acted,executed the instrument. which the person(s�acted,executed the instrument.
WITNESS my hand-and icial seal. WITNESS my hand and official seal.
Notary Signature: Notary Slgnatu~
Notary Seal: Notary Seal.
ARLENE ROMANELLI a CATHALEEN D SfEELE l
1 Commission R 1389859 z Commission# 1483234 r
Notary Public - California a ,-W Notary Public.California
Los Angeles County L Orange County
My Comm.Expires J_n 1�0,20 7 f _ MY Comm—
TExpires Apr 13,200
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EXHIBIT"A"
SCOPE OF SERVICES
Contractor shall perform a variety of District Annexation related services to assist the City in
annexing Mountain Gate II, Tract 32028-1 and Tract 32028 into Parkway Maintenance District
No. 10. Services provided shall include:
1. Prepare a time-line of all-pertinent tasks related to the annexation with key dates and
times required for each. This will provide the City a template for procedures on future
annexations.
2. Work with the City to prepare the budget for improvements associated with the
annexation.
3. Prepare a parcel database of all parcels to be contained within the existing district and the
annexation area using the parcel information from the current County Assessor's Office
secured roll. If necessary, the secured roll will be purchased from the County by
MuniFinancial and the cost passed on to the City. MuniFinancial will enhance the data
through parcel research and specific information provided by the City.
4. Calculate the assessment for each parcel within both the existing district and the
annexation area using the existing Parkway Maintenance District No. 10 methodology.
5. Prepare the assessment diagram using existing base maps as provided by the City. Base
maps will be provided in CADD form if possible.
6. Provide the City with two (2) bound copies of the annexation final report and collection roll
(one for the City Clerk and one for staff).
7. Prepare and mail notices of public hearing and protest ballots to confirm to all current
legislation. This will be mailed to the property owners in the annexation area and may
need to be mailed to the property owners within the existing district if their maximum
assessment increases due to the added parkway maintenance needs.
8. In accordance with the Landscape and Lighting Act of 1972, Proposition 218 and the City
of Palm Springs lighting district format, MuniFinancial will prepare the engineer's report for
the annexation to include the following items:
a. A brief history and description of the annexation
b. Description of improvements/facilities maintained
c. Description of the flood control maintenance items that will no longer be maintained by
the City and turned over to the Homeowner's Association
d. Budget estimates of costs for maintenance of improvements
e. Estimate of assessment to each parcel
f. Method of spread
g. A listing of parcels within the annexation and their assessment amounts
h. The assessment diagram
i. A certification page showing preparation by a registered professional engineer
9. Coordinate with the City Clerk or another City staff person in order for the City to tally all
ballots.
10. Attend up to three (3) City meetings, public hearings, and/or staff meetings and be
available to answer questions as requested by staff.
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11. Prepare draft resolutions as necessary and, if requested, assist in the preparation of staff
reports. City acknowledges that all resolutions
12. Upon completion of the Annexation public hearing(s) and adoption of the resolution to
levy, MuniFinancial will transfer the levy data to the City in electronic format
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SCHEDULE B
SCHEDULE OF COMPENSATION
Compensation for District Annexation for Parkway Maintenance District No. 10 scope of
services not to exceed $5,500, assuming that MuniFinancial does not have to ballot the existing
individual property owners in the existing Parkway Maintenance District No. 10. If this is not the
case, the fee would increase by $3,000. Total compensation shall not exceed $8,500. These
costs include all reimbursable expenses.
Services provided shall be compensated at the following rates:
Division Manager $180 per hour
Principal Consultant (Jim McGuire) $145 per hour
Senior Project Manager $125 per hour
Project Manager(Bryan Miller) $105 per hour
Senior Analyst (Jennifer York) $ 85 per hour
Analyst $ 75 per hour
Analyst Assistant $ 65 per hour
Property Owner Services Representative $ 50 per hour
Support Staff $ 45 per hour
Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract
Officer.
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