C2025-150
CONTRACT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into this _______ day of__________, ___________, by and between the CITY OF MANTECA, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and Harris & Associates, Inc.
Consultant
3620 American River Drive,
Suite 175
Sacramento CA 95864
MAILING ADDRESS CITY STATE ZIP
CONSULTANT’S STATE LICENSE CLASSIFICATION & NUMBER (if required) hereinafter referred to as “Consultant”.
WITNESSETH:
A. WHEREAS, CITY desires to enter into this Agreement for services for Fiscal Impact Analysis Peer Review.
B. WHEREAS, CITY desires to retain CONSULTANT to provide these services by reason of its qualifications, applicable license(s), and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:
AGREEMENT
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. To eliminate doubt, in the case of conflict Contract for Services
Harris & Associates, Inc.
2 between Consultant's proposal or Consultant's attachments and the City's Contract and attachments, the City's Contract and attachments shall take precedence over Consultant's proposal and attachments.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Agreement and shall be completed and this Contract terminated on Tuesday, June 30, 2026, unless otherwise extended in writing by the mutual agreement of both parties.
B. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid in accordance to the attached Payment Schedule in Exhibit “C”. Consultant charges separately for certain costs incurred in the representation, as well as for any disbursements to third parties made on City's behalf. Such costs and disbursements include, for example, the following: mileage (at the IRS rate in effect at the time the travel occurs), overnight delivery and messenger services. Consultant shall be reimbursed for expenses related to travel, for example (flights, hotels, meals). However, Consultant shall not make travel arrangements or incur costs on behalf of City without prior written authorization to incur said expenses and in no event shall total compensation under this Contract exceed Fifty Thousand Eight Hundred Sixty Four Dollars and Zero Cents ($50,864.00) without City’s prior written approval.
B. Said amount shall be paid upon submittal of monthly billings showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
Contract for Services
Harris & Associates, Inc.
3 4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by registered mail) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract in the manner provided in Section 5.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
Contract for Services
Harris & Associates, Inc.
4 8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder. Consultant shall assist City in providing the same.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
Contract for Services
Harris & Associates, Inc.
5 12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused solely by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
Contract for Services
Harris & Associates, Inc.
6 B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Commercial General Liability Insurance.
a. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) minimum limit for general aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided the City. c. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.
2. Automobile Liability. If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than one million dollars ($1,000,000) minimum limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employers’ Liability. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
4. Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception Contract for Services
Harris & Associates, Inc.
7 date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
5. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Consultant.
6. No other provision of this Agreement or any attachment thereto shall reduce the insurance or indemnity obligations imposed under this Section.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
Contract for Services
Harris & Associates, Inc.
8 A. Compliance with Laws. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Unlawful Acts. Consultant shall not engage in unlawful employment discrimination.
Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Record Retention. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: Consultant:
Brad Wungluck
Director of Development Services
City of Manteca
1001 W. Center St.
Manteca, CA 95337
Megan Quinn
Director
Harris & Associates, Inc.
3620 American River Drive, Suite 175
Sacramento, CA 95864
916-306-5704
[email protected]
E. Governing Law and Venue. This Contract shall be interpreted and governed by the laws of the State of California, and any legal action relating to this Contract shall take place in the Superior Court, County of San Joaquin.
F. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Contract.
G. Severability. If any provision of this Contract is held to be invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect.
H. Mediation. In the event of any controversy or claim arising out of or relating to this Agreement or the Services provided by Consultant (each referred to as a “Dispute” and all collectively referred to as the “Disputes”), the Parties shall try to resolve all Disputes through good faith, direct discussions involving the representatives of each Party who possess the necessary authority to resolve such Dispute. If direct discussions are unsuccessful in resolving Contract for Services
Harris & Associates, Inc.
9 a Dispute, the Parties shall endeavor to resolve the matter by mediation through and administered by JAMS or its successor in interest. JAMS shall provide the parties with the name of five () qualified mediators. Each party shall the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
I. Costs and Attorney' Fees. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
J. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
K. Execution. This Contract may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
L. Authority to Enter Agreement Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Contract. Each party warrants to the other that the signature to this Contract have the legal power, right, and authority to enter into this Contract and to bind each party.
CITY OF MANTECA
By: __________________________
Toni Lundgren, City Manager
ATTEST:
By: _____________________________
Cassandra Candini-Tilton, City Clerk
APPROVED AS TO FORM:
By: _____________________________
Riana Daniel, Deputy City Attorney
CONSULTANT
By: _________________________
Title: Director
EXHIBIT A
Scope of Work/Consultant Proposal
PROPOSAL FOR FISCAL IMPACT
ANALYSIS PEER REVIEW
CITY OF MANTECA
JULY 29, 2025
June 14, 2022
3620 American River Drive, Suite 175, Sacramento, CA 95864 ◼ p: 916.970.8001 ◼ f: 866.356.0998 ◼ www.WeAreHarris.com July 29, 2025
Brad Wungluck
Director of Development Services Jose Jasso
City of Manteca
1215 W. Center St. Suite 201, CA 95337
PROPOSAL FOR FISCAL IMPACT ANALYSIS (FIA) PEER
REVIEW
Dear Mr. Wungluck:
Harris & Associates (Harris) is pleased to submit our proposed Scope of Services and Fees for a Fiscal Impact Analysis (FIA) Peer Review. Harris understands that the City of Manteca (City) requires developers to prepare an FIA as part of an application for an annexation to ensure that all revenues and expenses are being accounted for accurately. Harris appreciates the opportunity to present this proposal and continue to provide services to the City.
Harris has been working with the City for over 10 years and is prepared to continue to offer the high level of service you have come to expect from us as we peer review FIAs for the City, as highlighted below. Megan Quinn will serve as the Project Director and provide quality assurance and quality control of all documents and ensure that the project runs smoothly. Megan has over 19 years of experience analyzing the economic and financial feasibility of various types of development. Lynn Kelly will assume the role of Project Manager, and day-to-day contact for the City. Lynn has over 20 years of experience in the public sector, government relations, and municipal consulting. Lynn’s broad background in the public and private sectors enables her to perform a wide range of economic, policy, and financial analyses.
Project Commitment. Harris has a team of professionals with decades of experience in municipal finance, including economic and fiscal impacts, resulting from policy initiatives and the development of a variety of public and private property types. Our team evaluates the fiscal and economic impacts resulting from development and/or policy initiatives. We use industry-leading data sources and modeling to collect current data on development characteristics and market conditions. Our analyses are extremely detail-oriented and accurate – we leave no stone unturned to estimate economic output and jobs created, revenues generated and resulting costs from policies and/or development. Our team can also identify potential funding sources to offset increased service costs generated by development projects.
The impact of development projects and policy decision on the local economy and to general fund revenues is important to analyze to determine if sufficient revenues will be available to provide needed public and community services. Harris understands how to project economic and fiscal impacts, as well as identify funding sources for public and community services, to help create vibrant and thriving communities.
Proven Success. Harris works with a variety of public agencies and understands the importance of establishing and maintaining clear and effective policies and procedures. Our team has a portfolio of successfully completed 3620 American River Drive, Suite 175, Sacramento, CA 95864 ◼ (916) 970-8001 ◼ www.WeAreHarris.com fiscal and economic analyses. Through this experience, our team has developed a reputation for providing complete and thorough reports and meeting project deadlines and legally required timeframes.
Firm Stability. For more than 25 years, Harris & Associates has been serving the specialized needs of public agencies. We pride ourselves with our ability to provide our services to meet the needs of our clients, such as providing expert special district formation services.
By selecting Harris, we will use our comprehensive expertise in real estate economics, development, and finance to determine future fiscal impact on the City’s General Fund to provide services to new development.
Thank you for considering this proposal to continue providing services to the City. Please contact me at 916.306.5704 or [email protected] with any questions. Correspondence may also be mailed to the address on this letterhead. We look forward to continuing our relationship with the City of Manteca.
Sincerely,
Harris & Associates, Inc.
Megan Quinn
Director, Municipal District Finance
916.306.5704 ◼[email protected]
Harris & Associates, Inc. ◼ Proposal for Fiscal Impact Analysis (FIA) Peer Review 4 of 7
SCOPE OF WORK AND PROJECT UNDERSTANDING
Per the General Plan, the following Goals were adopted:
• LU-4.6 Allow residential development in the Commercial land use designation only when it is demonstrated that the use would not have an adverse fiscal impact on the City. • LU-4e Residential uses proposed in the Commercial land use designation shall submit a fiscal impact analysis that addresses the fiscal impacts of the development on the City, including increased costs to the City to provide services and the revenues projected from the development. • EF-1.8 Require a Fiscal Impact Analysis to be conducted for major development projects that documents the project's effects upon the City's operating budget over time.
As part of these goals the City is seeking a responsible group to review the FIA’s with the City to ensure that all revenues and expenses are being captured accurately. Harris has extensive experience in providing the services required by the City. The following is the Scope of Work to be accomplished by Harris.
Scope of Services
Task 1: Project Kick-Off Meeting, Project Management, and Information Gathering For each FIA peer review, Harris and the City will conduct a virtual kick-off meeting to clarify the objectives of that FIA peer review, confirm the scope of work, discuss review methodology, exchange background materials, discuss any project particulars, and establish a project schedule. A key goal of the meeting is to ensure a shared understanding of the City's priorities for the peer review, including any areas of concern or focus within the FIA.
Harris will prepare an agenda in advance of the meeting and will provide a summary that outlines key decisions, communication protocols, any scope refinements, an action item list, and a data or document request.
This task also includes project management throughout the duration of the engagement. Project management activities will include ongoing coordination with City staff, schedule monitoring, monthly progress reports, regular communication, preparation of monthly invoices, and coordination of any additional meetings or information needs to ensure timely and efficient completion of the peer review.
Deliverables: Data request, meeting agenda, meeting minutes Task 2: Fiscal Impact Analysis Peer Review
Harris will conduct a peer review of the FIA submitted to the City to ensure that all revenues and expenses are being captured accurately. Harris will assess the methodology, assumptions, and conclusions presented in the FIA.
The peer review will evaluate whether the FIA aligns with industry best practices and assumptions, accurately reflects local fiscal conditions, and provides a reasonable estimate of the project’s potential impacts on City revenues and expenditures. Harris will provide written comments summarizing key findings, identify any areas of concern or suggested revisions, and offer recommendations to strengthen the analysis. Harris will participate in a virtual meeting with City staff and the applicant to discuss findings and support clarification or revisions to the report. This task includes up to two virtual meetings to discuss our findings with the City and developer. It is important to note that the peer review may vary in terms of total hours for FIA submitted. Each review may vary based on the size of the project, land use mix, and project complexity. Harris has included a not-to-exceed amount for each review.
Harris & Associates, Inc. ◼ Proposal for Fiscal Impact Analysis (FIA) Peer Review 5 of 7 Key tasks as part of this review include the following:
• Review of Methodology and Assumptions
Harris will evaluate the assumptions and methodological approach used in the FIA, including:
• Population, employment, and land use projections for the project. • Assessed value assumptions.
• Revenue estimation methods (e.g., property tax, sales tax, user fees). • Operating and capital expenditure assumptions.
• Service level standards and allocation of costs.
• Other economic and financial assumptions (if applicable). • Evaluation of Revenue and Expenditure Estimates
Harris will review the projections of municipal revenues and costs associated with the project to ensure:
• Key revenues are captured and appropriately calculated. • Cost assumptions reflect City service delivery levels and current cost structures. • One-time and ongoing costs are clearly delineated and appropriately timed. • Review Consistency with Local Conditions and Industry Best Practices Harris will assess whether the FIA reflects:
• Local fiscal conditions and budgetary frameworks.
• Consistency with other recent analyses or fiscal studies prepared for the City or comparable jurisdictions.
• Industry-standard practices and assumptions for FIAs. • Preparation of Written Comments and Recommendations
Harris will prepare a concise memorandum summarizing the results of the review. The memo will:
• Identify key findings and areas of alignment with best practices. • Note any areas of concern or material discrepancies.
• Provide recommended edits or refinements to improve accuracy and clarity. • Meetings and Coordination
Harris will participate in up to two virtual meetings:
• One meeting with City staff to present and discuss our findings. • One joint meeting with City staff and the applicant team to support discussion, clarification, and any necessary revisions to the FIA.
Harris has prepared the following not to exceed time and materials fee to complete a peer review of the fiscal impact analysis and prepare a memorandum summarizing the results of our review and any recommended changes. Our fee includes time for attendance at two Teams meeting to discuss the memo.
Deliverables: Peer review memorandum
KEY PERSONNEL
Harris has significant experience in analyzing the economic and financial feasibility of various types of development, organizing and leading project team and public meetings, preparing grant applications and implementation, and otherwise assisting public agencies to finance and support key initiatives Lynn Kelly will lead the Harris team as project manager and will be the City’s first point of contact. Her experience Harris & Associates, Inc. ◼ Proposal for Fiscal Impact Analysis (FIA) Peer Review 6 of 7 with similar projects and history of high-quality service to local municipalities will translate directly to her role on this project. Megan Quinn will serve as Project Director, providing QA/QC and confirming that the project runs smoothly. The team will be supported by other members of our Municipal + District Finance Team, who will serve as technical support on the project.
Project Director – Megan Quinn is a Director on our Municipal + District Finance Team, leading the Development Impact Fee, CFD Reimbursement Review, and Financial Feasibility teams while also specializing in economic and fiscal impact analyses. Megan specializes in guiding clients through municipal funding challenges. With over 19 years in the field, she excels at creating solutions related to public finance, real estate economics, land use planning, and financial analysis. The knowledge and experience she’s gained from these diverse projects inform her work on a range of economic and policy analyses for small- and large-scale projects spanning urban, suburban, and rural settings at the local, regional, and statewide levels. Megan’s broad-based background enables her to perform a breadth of financial, economic, and policy analyses. Megan has managed numerous projects related to assessing public facility needs, including public facility financing plans, AB1600 nexus studies, fiscal impact analyses, financial feasibility studies, and land-secured financing options, among other areas. Megan also has significant experience working with the City, working on the Government Building Facilities Fee update and Park Impact Fee update for the City.
Project Manager – Lynn Kelly is a Senior Project Manager on our Municipal + District Finance Team. Lynn has over 20 years of experience in the public sector, government relations, and municipal consulting. Her broad background in both the public and private sectors enables her to perform a wide range of economic, policy, and financial analyses. In her previous roles, Lynn has managed projects related to fiscal impact analyses, financial feasibility studies, land use studies, affordable housing studies, and strategic planning. Lynn has previously worked with numerous cities across California, bringing a deep understanding of municipal operations, policy objectives, and development review processes. She is well-versed in how fiscal impact analyses integrate with project review and entitlement processes, providing communities with the information they need to evaluate the long-term financial implications of new development. With strong communication and project management skills, Lynn ensures that deliverables are completed on time, on budget, and in alignment with each client’s unique goals.
Senior Project Analyst – Zaire Marin is a Project Manager and has over four years of experience working in the municipal finance sector, providing consulting services to cities, counties, water agencies, and various local government service districts throughout California. He has experience in municipal bond issuances, revenue scenario modeling for agencies seeking to institute new taxes, land annexations, fiscal impact analyses, and the administration and formation of special financing districts such as Community Facility Districts and Assessment Districts. Zaire’s experience includes approximately two years working for a nationally recognized non-profit affordable housing developer, where he quantified the viability of property acquisitions in California, Texas and Florida. Zaire also holds a designation as an MSRB-registered Municipal Advisor Representative.
Analyst – Alexa Ludke has over 5 years of experience in statistical and financial analysis. She is experienced at conducting policy, legislative, and financial research. She has practical experience working with large datasets and synthesizing data for analysis. Alexa has worked on projects that involve cost-benefit analysis, policy recommendations, and logic modeling. At Harris, Alexa has been assisting with credit calculations, Finance and Implementation Plans, pro-forma analyses, fiscal impact analyses, and updating development impact fees in accordance with AB1600 requirements. She is passionate about the data pipeline from collection to presentation and is deeply invested in connecting with stakeholders and communities to provide the highest quality of service possible to clients.
PROJECT SCHEDULE
Harris will work with the City on a timeline that works for the City for each peer review. It is anticipated that Harris Harris & Associates, Inc. ◼ Proposal for Fiscal Impact Analysis (FIA) Peer Review 7 of 7
NOT TO EXCEED FEE
Based on our understanding of the services required, our not-to-exceed fee for the Scope of Services identified above is shown below and is based on a time-spent basis in accordance with our current hourly rates. Hourly rates include most direct costs such as vehicles, mileage, equipment, computers, communications, and reproduction.
Note that this is a not-to-exceed amount per each FIA review. Each review may vary based on the size of the project, land use mix, and project complexity.
Total Not-to-Exceed for Services per FIA Peer Review $12,716 Annual Not to Exceed (Four Reviews) $50,864
The following table provides the estimated hours of work allocated for each of the project tasks. The billing rates used in the table below are effective for 2025, and will be escalated on January 1, 2026, if the project continues past that date. Rates may also be adjusted to account for promotions during the contract period.
Senior
Project
Analyst Total Subtotal
$290/hr $225/hr $212/hr $150/hr Estimated Estimated
Hours Hours Hours Hours Hours Fee
Task 1: Project Kick-Off Meeting, Project Management, and Information Gathering 2 8 4 0 14 $ 3,228 Task 2: FIA Peer Review 6 12 4 28 50 $ 9,488
Total per Fiscal Impact Analysis 8 20 8 28 64 $ 12,716
Total Annual Amount (Assumes 4 per Year) 32 80 32 112 256 $ 50,864 Project
Analyst
Project
Manager
Project
Director
EXHIBIT B
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
Director
EXHIBIT C
Payment Schedule
Harris & Associates, Inc. ◼ Proposal for Fiscal Impact Analysis (FIA) Peer Review 7 of 7
NOT TO EXCEED FEE
Based on our understanding of the services required, our not-to-exceed fee for the Scope of Services identified above is shown below and is based on a time-spent basis in accordance with our current hourly rates. Hourly rates include most direct costs such as vehicles, mileage, equipment, computers, communications, and reproduction.
Note that this is a not-to-exceed amount per each FIA review. Each review may vary based on the size of the project, land use mix, and project complexity.
Total Not-to-Exceed for Services per FIA Peer Review $12,716 Annual Not to Exceed (Four Reviews) $50,864
The following table provides the estimated hours of work allocated for each of the project tasks. The billing rates used in the table below are effective for 2025, and will be escalated on January 1, 2026, if the project continues past that date. Rates may also be adjusted to account for promotions during the contract period.
Senior
Project
Analyst Total Subtotal
$290/hr $225/hr $212/hr $150/hr Estimated Estimated
Hours Hours Hours Hours Hours Fee
Task 1: Project Kick-Off Meeting, Project Management, and Information Gathering 2 8 4 0 14 $ 3,228 Task 2: FIA Peer Review 6 12 4 28 50 $ 9,488
Total per Fiscal Impact Analysis 8 20 8 28 64 $ 12,716
Total Annual Amount (Assumes 4 per Year) 32 80 32 112 256 $ 50,864 Project
Analyst
Project
Manager
Project
Director