1 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH SPICER CONSULTING GROUP, LLC (SCG)
TO PROVIDE SPECIAL TAX CONSULTANT AND OTHER ADMINISTRATION SERVICES
This Agreement is entered into effective as of January 9, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and SPICER CONSULTING GROUP, LLC (SCG) , a California Limited Liability Company ) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City has formed one Assessment District to provide funding for benefitting properties and infrastructure under the Municipal Improvement Acts of 1913 and 1915 ; 31 Mello -Roos Community Facilities Districts to provide funding for the construction of infrastructure or for the maintenance of open space areas in accordance with the Community Facilities Act of 1982; and 35 Open Space Districts to provide funding for perpetual maintenance of common open space areas; and
WHEREAS, the City has one Sewer Service Assessment District (also known as Montgomery Sewer) which is a financing mechanism for the collection of wasteware conveyance and treatment service fees for a portion of the City; and
WHEREAS, the City has one Delinquent Solid Waste Fund (also known as Delinquent Trash Fund) that accounts for revenues derived from franchise fees paid to the City of Chula Vista by its authorized collector of solid waste, Republic Services, and one Delinquent Sanitation Fund (also known as Delinquent Sewer Fund) that accounts for revenues derived from services provided to parcels connected to the City’s wastewater system; and
WHEREAS, the City requires a consultant to perform Special Tax Consultant and Other Administration Services ; and
WHEREAS, as required by Municipal Code Section 2.56.110, a Request for Proposal (RFP) was prepared and advertised under RFP No. P04 -2024, proposals were received and reviewed, and firms were ranked in accordance with selection criteria; and
WHEREAS, three (3) firms responded to the RFP, Albert Webb, Spicer Consulting Group LLC, and Willdan Financial Services; and
WHEREAS, the selection committee recommended awarding the contract to Spicer Consulting Group LLC; and
WHEREAS, the proposed contract will utilize the services of Spicer Consulting Group, LLC to perform Special Tax Consultant and Other Administration Services ; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.] 2 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expres sly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures nece ssary to ensure that all subcontractors and 3 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any res ponsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate , subject to Sections 6 .1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the curr ent monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant . Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed , City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below . At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”) . Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval . Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 4 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance . Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub -consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub -consultants must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Produ cts/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage . Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 5 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such pe rformance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising f rom the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers , or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782. 8, as may be amended from time to time, the defense and indemnity 6 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may b e rendered against one or more of th e Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs . Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subco ntractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any inte rest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is disco vered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause . If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Defaul t”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to 7 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agre ement for such wor k, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclu sive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims . In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon re quest by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents t o service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
8 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub - contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, 9 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect t o any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultan t Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement a t the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
SPICER CONSULTING GROUP, LLC (SCG) CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ Shane Spicer JOHN MCCANN
Managing Director MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Jill D.S.Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
EXHIBITS
A – Scope of Work and Payment Terms
B – Insurance Requirements
C – Consultant Conflict of Interest Designation
D – Fixed Fee Schedule
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Patricia Macias
276 Fourth Avenue
Chula Vista, CA 91910
619-407-3565
[email protected]
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]
B. Consultant Contract Administration:
SPICER CONSULTING GROUP, LLC (SCG)
41880 Kalmia Street, Suite 145, Murrieta CA 92562
(951) 208-7870
[email protected]
For Legal Notice Copy to:
Spicer Consulting Group, LLC
Shane Spicer, Managing Director
41880 Kalmia Street, Suite 145, Murrieta CA 92562
[email protected]
2. Required Services
A. General Description:
To provide Special Tax Consultant and Other Administration Services including but not limited to: Community Facilities District administration; Assessment District administration and apportionments; Open Space District administration; delinquency management/monitoring and related services; administration, apportionments and related services for the City’s Delinquent Trash and Delinquent Sanitation funds; arbitrage calculations and continuing disclosure for the City’s bonded debt; and continuing disclosure for the Bayfront Project Special Tax Financing District.
B. Detailed Description:
Scope of Work
Assessment Districts (ADs)
• Apportion of tax lien for each parcel within the assessment district according to the method of spread in the Engineer’s Report;
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• Attend City Council meetings with AD-related items;
• Provide assessment installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning Assessment District administration, assessments, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the district, including a list of all Assessor Parcel Numbers; • Prepare and record the amended assessment diagrams that result from lot splits or subdivision; • Provide support to City staff in researching current and historical tax roll information, ownership, payoff calculation, delinquency notices and delinquent status from the County tax system; • Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA);
• Provide support to City staff to maintain compliance with the requirements of State of California Revenue and Taxation Code 163;
• Perform required bond call spreads in accordance with applicable state laws and coordinate the early redemption of outstanding bonds as needed;
• Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies, and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
• Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as required by staff;
• Assist City with new Assessment District formations; and • All other special projects as deemed necessary, including but not limited to refunding analysis.
Community Facilities Districts (CFDs) – Bonded
• Review the special tax schedules prepared by the City and ensure that all debt service and administrative expenses are recovered through the annual special tax levies; • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Attend City Council meetings with CFD-related items;
• Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. This information shall be submitted on the media, format, and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, payoff calculation, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties;
14 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
• Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of special tax information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code;
• Prepare continuing disclosure reports and event notices for City staff review, as required by district disclosure agreements and SEC Rule 15c2-12, and disseminate approved documents to the Electronic Municipal Market Access (EMMA);
• Perform tasks associated with CFD administration, including but not limited to bond call coordination, release of lien, delinquency reporting, foreclosure coordination, and annexation; • Assist City staff in providing information to bond rating agencies when needed; • Assist in maintaining current and future CFD law and regulation compliance and notify City staff of any pertinent changes in CFD law and regulations; • Provide certification related to specific escrow release tests on as needed basis; • Assist City staff in delinquency management by closely monitoring outstanding district delinquencies,
and provide periodic reports to the City presenting aging and current statuses of all delinquent installments;
• Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff;
• All other special projects as deemed necessary, including but not limited to new district formation, tax rate projection, and refunding analysis.
Community Facilities Districts (CFDs) – Maintenance (Non-Bonded) • Calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment of Special Tax; • Attend City Council meetings with CFD-related items;
• Prepare comprehensive special tax installment information for each parcel for submittal in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format, and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning CFD administration, annual special taxes, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Assist City staff with proper disclosure of assessment information for prospective property purchases as required by Sections 53340.2(b) and 53341.5 of the State of California Government Code;
• Provide annexation services to all subject developments, boundary map recordation, annexation proceedings, such as public hearing and owner election, and Preparation of rates and Method of Apportionment for annexations, data collection, etc.;
• Administration and assistance with compliance requirements; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff;
15 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
• Assist City with new District formations; and
• All other special projects as deemed necessary, including but not limited to revenue projection and cash flow forecast.
Open Space Maintenance Districts (OSDs)
• Obtain thorough understanding of the City’s OSD establishment, their boundaries, Parcels and particularities;
• Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments within each district; • Prepare complete documentation for annual assessment, including Engineer’s Reports and maps; • Attend City Council meetings with OSD-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County;
• Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning OSD administration, annual assessments, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; • Provide Asset Management Services including the ability to estimate future capital asset replacement, as requested by staff, and
• Complete all reports on OSD required by the state and federal agencies.
Montgomery Sewer District
• Obtain thorough understanding of the Montgomery Sewer District, its boundaries, Parcels, and particularities of the district; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments the district; • Work with water agencies and download data from them to determine usage; • Update sewer and meter rate tables with rate updates from the prior year; • Match new accounts to APNs (usually around 2 dozen new accounts/per year); • Run initial assessment, and research zero ($0) assessment parcels; • Provide database/workbook to City Finance Staff to perform second levy check; • Attend City Council meetings with Montgomery Sewer-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll. The information shall be submitted on the media, format and configuration specified by the County; • Research and resubmit entries rejected by the County on behalf of the City; • Provide staffing and contact information to field inquiries concerning the district administration, annual assessments, and other information regarding district proceedings and annual installments for property owners, title companies and other interested parties; • Prepare an annual levy report summarizing the information used to calculate the annual installment amount for the districts, including a list of all Assessor Parcel Numbers; and • Complete all reports on the district required by the state and federal agencies.
16 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
Delinquent Solid Waste Fund (Delinquent Trash Fund)
• Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s, Program’s and Delinquent Trash fund’s needs;
• Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments in the Delinquent Trash fund;
• Maintain a comprehensive database of the Delinquent Tash fund and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’s fixed charge submission packet;
• Attend City Council meetings with Delinquent Trash-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll;
• Maintain all data related to individual parcels, such as assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information; • Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego prior to the requested deadline; • Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues;
• Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy;
• Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff;
• Prepare additionally required correspondences relating to the submittal, correction, removal of levy to the County tax roll;
• Provide City with hard copy and electronic copy of the Annual Levy Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; if applicable
• Complete all reports on the Delinquent Trash fund required by the state and federal agencies;
• Serve as initial and primary point of contact for property owners, title companies and other interested parties regarding the Delinquent Trash fund and annual installments.
Delinquent Sanitation Fund (Delinquent Sewer Fund)
• Establish lines of communication and gain understanding of the specific goals, components and criteria to meet the City’s needs, and the Program’s and Special District’s needs; • Review all documentation, databases, and budgets prior to preparing levy analysis, in order to ensure total and complete equity of assessments in the Delinquent Sewer fund; 17 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
• Maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Diego County will meet the guidelines as outlined in the County’s fixed charge submission packet;
• Attend City Council meetings with Delinquent Sanitation-related items; • Provide comprehensive assessment installment information for each parcel and submit in a timely manner to the County of San Diego for placement on the property tax roll; • Maintain all data related to individual parcels, such as assessment information, regularly updated delinquency history, current property ownership information, contact information, assessed valuation information;
• Determine the levy requirements for each fiscal year; • Prepare the annual levy for the program in a format and media acceptable for the County of San Diego prior to the requested deadline;
• Perform adjustments and corrections to the levies as necessary, even after the deadline to submit in order to rectify any issues;
• Maintain current Assessor’s parcel maps, updating at least annually and prior to the current year’s levy;
• Research exceptions lists from the County, update parcel number changes in the database and calculate benefit assessment area as well as reporting the revised parcels and levy amounts to City staff;
• Prepare additionally required correspondences relating to the submittal, correction, removal of levy to the County tax roll;
• Provide the City with hard copy and electronic copy of the Annual Report, containing information used to calculate the annual installment amount for each parcel as well as the summary of the total annual levy amount; if applicable;
• Complete all reports on the Delinquent Sewer fund required by the state and federal agencies; • Serve as the initial and primary point of contact for property owners, title companies and other interested parties regarding the Delinquent Sewer fund and annual installments.
Non-Land Based Bonds
• Prepare continuing disclosure reports and event notices for City staff review, as required by the bond indenture and SEC Rule 15c2-12., and disseminate approved documents to the Electronic Municipal Market Access (EMMA);
• Provide Arbitrage Calculations at least every five years for each bond issue as well as a final computation on the date on which the last maturity of a bond issue is retired.
Bayfront Project Special Tax Financing District
• Prepare continuing disclosure reports, as required by State Bill 165 and Assembly Bill 2109; • Administration and assistance with compliance requirements as needed.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 9, 2024and end on December 31, 2026 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
18 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
☒ Single Fixed Fee. For performance of the Required Services by Consultant as herein required, City shall pay a single fixed fee per service, upon completion of each service to the City’s satisfaction, as identified in Exhibit D attached and hereby incorporated into the Agreement.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2026 shall not exceed $525,952.00.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for two (2) additional one year terms, or January 1, 2027 through December 31, 2027 and January 1, 2028 through December 31, 2028 . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein and at the amounts identified in Exhibit D for each extension term. The City shall give written notice to Consultant of the City’s election to exercise each extension via the Notice of Exercise of Option to Extend document.
19 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
20 City of Chula Vista Agreement No.: 2023-1781
Consultant Name: SPICER CONSULTING GROUP, LLC (SCG) Rev. 1/17/23
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Shane Spicer
Jonathan Short
[email protected]
[email protected]
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more
of the categories under which the consultant shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐
7. Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questi ons regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691 -5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Patricia Macias
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company).
Description Quote/Cost Daily cost 1/1/2024 6/30/2024 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 4,320$ 11.87$ 358$ 2,148$ CFD's Bonded 41,470$ 113.93$ 3,437$ 20,621$ CFD's Maint 36,820$ 101.15$ 3,051$ 18,309$ Sewer 4,320$ 11.87$ 358$ 2,148$ OSDs 49,610$ 136.29$ 4,111$ 24,669$ City Delinq 5,700$ 15.66$ 472$ 2,834$ 70,729$
Description Quote/Cost Daily cost 1/1/2024 6/30/2024 Invoiced Yearly Total Non-Land 19,800$ N/A 19,800$ 19,800$ Bayfront District 1,500$ N/A 1,500$ 1,500$ 1-Year Arbitrage 500$ N/A 500$ 500$ 5-Year Arbitrage 2,500$ N/A -$ -$ 21,800$
Description Quote/Cost Daily cost 7/1/2024 12/31/2024 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 11.87$ 373$ 2,237$ CFD's Bonded 113.93$ 3,579$ 21,474$ CFD's Maint 101.15$ 3,178$ 19,066$ Sewer 11.87$ 373$ 2,237$ OSDs 136.29$ 4,282$ 25,690$ City Delinq 15.66$ 492$ 2,952$ 73,656$
Description Quote/Cost Daily cost 7/1/2024 12/31/2024 Invoiced Yearly Total Non-Land N/A -$ -$
Bayfront District N/A -$ -$ 1-Year Arbitrage N/A -$ -$ 5-Year Arbitrage N/A 2,575$ 2,575$ 2,575$
Total Year 1: 168,760.32$
-$
2,575$
2,237$
25,690$
2,952$
-$
-$
For the Period of 7/01/2024 through 12/31/2024
183
3%
2,237$
21,474$
19,066$
19,800$
1,500$
500$
-$
2,148$
20,621$
18,309$
2,148$
24,669$
2,834$
Exhibit D
Fixed Fee Schedule
Special Tax Consultant and Other Administration Services (Year 1) For the Period of 01/01/2024 through 06/30/2024
181
0%
Description Quote/Cost Daily cost 1/1/2025 6/30/2025 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.22$ 367$ 2,200$ CFD's Bonded 117.35$ 3,520$ 21,122$ CFD's Maint 104.19$ 3,126$ 18,754$ Sewer 12.22$ 367$ 2,200$ OSDs 140.38$ 4,211$ 25,268$ City Delinq 16.13$ 484$ 2,903$ 72,449$
Description Quote/Cost Daily cost 1/1/2025 6/30/2025 Invoiced Yearly Total Non-Land 20,394$ 20,394$
Bayfront District 1,545$ 1,545$ 1-Year Arbitrage 515$ 515$ 5-Year Arbitrage 2,575$ 2,575$ 25,029$
Description Quote/Cost Daily cost 7/1/2025 12/31/2025 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.22$ 384$ 2,304$ CFD's Bonded 117.35$ 3,686$ 22,119$ CFD's Maint 104.19$ 3,273$ 19,638$ Sewer 12.22$ 384$ 2,304$ OSDs 140.38$ 4,410$ 26,460$ City Delinq 16.13$ 507$ 3,040$ 75,866$
Description Quote/Cost Daily cost 7/1/2025 12/31/2025 Invoiced Yearly Total Non-Land -$ -$
Bayfront District -$ -$ 1-Year Arbitrage -$ -$
5-Year Arbitrage 7,957$ 7,957$ 7,957$
Total Year 2: 181,300$
-$
-$
-$
7,957$
2,304$
22,119$
19,638$
2,304$
26,460$
3,040$
515$
2,575$
For the Period of 7/01/2025 through 12/31/2025
183
3%
2,200$
25,268$
2,903$
20,394$
1,545$
For the Period of 1/01/2025 through 6/30/2025
180
0%
2,200$
21,122$
18,754$
Exhibit D (Continued)
Fixed Fee Schedule (Continued)
Special Tax Consultant and Other Administration Services (Year 2) Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.59$ 378$ 2,266$ CFD's Bonded 120.87$ 3,626$ 21,756$ CFD's Maint 107.31$ 3,219$ 19,317$ Sewer 12.59$ 378$ 2,266$ OSDs 144.59$ 4,338$ 26,026$ City Delinq 16.61$ 498$ 2,990$ 74,622$
Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Invoiced Yearly Total Non-Land 21,006$ 21,006$
Bayfront District 1,591$ 1,591$ 1-Year Arbitrage 530$ 530.45$ 5-Year Arbitrage 2,652$ -$ -$ 23,128$
Description Quote/Cost Daily cost 7/1/2026 12/31/2026 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.59$ 396$ 2,373$ CFD's Bonded 120.87$ 3,797$ 22,782$ CFD's Maint 107.31$ 3,371$ 20,228$ Sewer 12.59$ 396$ 2,373$ OSDs 144.59$ 4,542$ 27,254$ City Delinq 16.61$ 522$ 3,131$ 78,142$
Description Quote/Cost Daily cost 7/1/2026 12/31/2026 Invoiced Yearly Total Non-Land -$ -$
Bayfront District -$ -$ 1-Year Arbitrage -$ -$
5-Year Arbitrage 2,652$ -$ -$ -$
Total Year 3: 175,891$
-$
-$
2,373$
27,254$
3,131$
-$
-$
For the Period of 7/01/2026 through 12/31/2026
183
3%
2,373$
22,782$
20,228$
21,006$
1,591$
530$
-$
2,266$
21,756$
19,317$
2,266$
26,026$
2,990$
Exhibit D (Continued)
Fixed Fee Schedule (Continued)
Special Tax Consultant and Other Administration Services (Year 3) For the Period of 1/01/2026 through 6/30/2026
180
0%
Description Quote/Cost Daily cost 1/1/2027 6/30/2027 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.97$ 389$ 2,334$ CFD's Bonded 124.49$ 3,735$ 22,409$ CFD's Maint 110.53$ 3,316$ 19,896$ Sewer 12.97$ 389$ 2,334$ OSDs 148.93$ 4,468$ 26,807$ City Delinq 17.11$ 513$ 3,080$ 76,861$
Description Quote/Cost Daily cost 1/1/2026 6/30/2026 Invoiced Yearly Total Non-Land 21,636$ 21,636$
Bayfront District 1,639$ 1,639$ 1-Year Arbitrage 546$ 546.36$ 5-Year Arbitrage 2,732$ -$ -$ 23,821$
Description Quote/Cost Daily cost 7/1/2027 12/31/2027 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 12.97$ 407$ 2,444$ CFD's Bonded 124.49$ 3,911$ 23,466$ CFD's Maint 110.53$ 3,472$ 20,834$ Sewer 12.97$ 407$ 2,444$ OSDs 148.93$ 4,679$ 28,072$ City Delinq 17.11$ 538$ 3,225$ 80,486$
Description Quote/Cost Daily cost 7/1/2027 12/31/2027 Invoiced Yearly Total Non-Land -$ -$
Bayfront District -$ -$ 1-Year Arbitrage -$ -$
5-Year Arbitrage 2,732$ 5,628$ 5,628$ 5,628$
Total Year 4: 186,796$
-$
-$
-$
-$
2,444$
23,466$
20,834$
2,444$
28,072$
3,225$
546$
-$
For the Period of 7/01/2027 through 12/31/2027
183
3%
2,334$
26,807$
3,080$
21,636$
1,639$
For the Period of 1/01/2027 through 6/30/2027
180
0%
2,334$
22,409$
19,896$
Exhibit D (Continued)
Fixed Fee Schedule (Continued)
Special Tax Consultant and Other Administration Services (Optional Extension: Year 4) Description Quote/Cost Daily cost 1/1/2028 6/30/2028 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 13.36$ 403$ 2,418$ CFD's Bonded 128.23$ 3,868$ 23,209$ CFD's Maint 113.85$ 3,434$ 20,607$ Sewer 13.36$ 403$ 2,418$ OSDs 153.40$ 4,627$ 27,765$ City Delinq 17.62$ 532$ 3,190$ 79,606$
Description Quote/Cost Daily cost 1/1/2028 6/30/2028 Invoiced Yearly Total Non-Land 22,285$ 22,285$
Bayfront District 1,688$ 1,688$ 1-Year Arbitrage 563$ 562.75$ 5-Year Arbitrage 2,814$ -$ -$ 24,536$
Description Quote/Cost Daily cost 7/1/2028 12/31/2028 Average Invoiced Monthly Total No. of Days
FY 7/1 Increase
AD's 13.36$ 420$ 2,518$ CFD's Bonded 128.23$ 4,028$ 24,170$ CFD's Maint 113.85$ 3,577$ 21,460$ Sewer 13.36$ 420$ 2,518$ OSDs 153.40$ 4,819$ 28,914$ City Delinq 17.62$ 554$ 3,322$ 82,901$
Description Quote/Cost Daily cost 7/1/2028 12/31/2028 Invoiced Yearly Total Non-Land -$ -$
Bayfront District -$ -$ 1-Year Arbitrage -$ -$
5-Year Arbitrage 2,814$ 2,898$ 2,898$ 2,898$
Total Year 5: 189,941$
-$
-$
2,518$
28,914$
3,322$
-$
-$
For the Period of 7/01/2028 through 12/31/2028
183
3%
2,518$
24,170$
21,460$
22,285$
1,688$
563$
-$
2,418$
23,209$
20,607$
2,418$
27,765$
3,190$
Exhibit D (Continued)
Fixed Fee Schedule (Continued)
Special Tax Consultant and Other Administration Services (Optional Extension: Year 5) For the Period of 1/01/2028 through 6/30/2028
181
0%