1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 20th day of February, 2024, by and between the City of Pleasant Hill ("City") and Harris & Associates, Inc., ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the services listed on Exhibit A in a professional manner.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than September 30, 2024.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $39,310 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit a monthly billing to City describing the work performed. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. Any modifications made by the City or any agents of the City, to any of the Consultant’s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City’s sole risk and 2 without liability to the Consultant.
6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:
1. approve a rate, rule, or regulation;
2. adopt or enforce a law;
3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;
6. grant City approval to a plan, design, report, study, or similar item;
7. adopt, or grant City approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations (“C.C.R”) § 18704(a) and (b) or perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.) 3 8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein), arising out of the performance of services under this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
To the extent that the Consultant’s services are subject to California Civil Code 2782.8, the above indemnity and duty to defend shall be limited to the extent required by Civil Code Section 2782.8.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or nonrenewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
4 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
If Company maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Company. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. If the insurance required to be provided by this policy is suspended, voided, canceled, or reduced in coverage or in limits, Consultant shall notice City in writing at least thirty (30) days prior to the effective date of such action described above. If less than thirty (30) days’ notice is provided to Consultant, Consultant shall notify City immediately of such action.
5 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Pleasant Hill business license.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Contra Costa, Martinez, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Pleasant Hill
C/O Ann James
310 Civic Drive
Pleasant Hill, CA 94523-3323
6 If to Consultant: Harris & Associates, Inc.
C/O Alison Bouley, P.E.
1401 Willow Pass Rd., Suite 500
Concord, CA 94520
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall.
Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, 7 discovery expenses, and attorneys' fees.
20. Execution. This Agreement 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 hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
22. Termination. This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:
Ethan Bindernagel, City Manager
Title:
Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Lyone Conner, City Clerk Attachments: Exhibit A – Scope of Services and Compensation Director
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com October 11, 2023
Ms. Ann James
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
PROPOSAL TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR PROPOSED ASSESSMENT RATE INCREASES ASSESSMENT DISTRICT NO. 20 AND ASSESSMENT DISTRICT NO. 22 Dear Ann:
Since 1987, Harris & Associates (Harris) has been providing numerous public finance, financial engineering, and special projects to public agencies throughout the State of California, including the City of Pleasant Hill (“City”). As the City’s Assessment Engineer for your Landscape and Lighting Districts (LLD’s) for the past 4 years, we have helped the City confirm that there are secure funding sources for the ongoing maintenance of streetlights and landscaping. Our team looks forward to continuing to serve as a “trusted advisor” to the City. Harris has a proven track record with agencies throughout the state, administering special financing districts and successfully developing and implementing funding strategies. References may be provided as requested.
Proven Success. Our work as the Assessment Engineer for the City over the past four years has proven to be a successful partnership. Our team has the right knowledge and experience to continue this work and expand on the success of our partnership.
Providing the Right Solution. We understand the City’s districts and the expectations of the City and its staff. We develop creative solutions that address the City’s needs. We have experience providing district administration, financial reviews, formations and annexations, and Proposition 218 compliance services.
We understand that cities have limited resources and rely on Harris to keep their best interests in mind and act as an extension of their staff when managing such projects.
Familiarity with the City. Our project manager, Rick Clark, will continue to be your primary point of contact and will be actively engaged in project assignments. He has experience managing numerous project types and understands the importance of serving as an extension of staff. Rick’s experience working with the City and your districts prepares the Harris team to work efficiently with minimal guidance to carry out the scope of services, reducing demands on City staff and assuring the best interests of the City will be carefully maintained and protected. Because of our history with the City, we can quickly answer questions from Council, City staff, and the public.
EXHIBIT A
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com The following is our proposal for Financial Engineering Services related to a Proposition 218 Assessment Rate Increase and/or Implementing an Annual Assessment Rate Escalator for various Zones within the City of Pleasant Hill (the “City”) Assessment District No. 20 and Assessment District No. 22 (“AD 20” and “AD 22”, respectively). A list of the Zones to be addressed and the recommended actions to be performed for each are listed below:
• AD 20, Zone 1 – Assessment Rate Increase and Annual Escalator • AD 20, Zone 2 – Annual Escalator only
• AD 20, Zone 3 – Annual Escalator only
• AD 20, Zone 4 – Annual Escalator only
• AD 20, Zone 5-A – Annual Escalator only
• AD 20, Zone 5-B – Assessment Rate Increase and Annual Escalator • AD 20, Zone 6 – Assessment Rate Increase and Annual Escalator • AD 22, Grayson Woods – Assessment Rate Increase and Annual Escalator • AD 22, Gallery Walk – Annual Escalator only
The Zones shown above are either being supplemented by the City General Fund because they do not generate sufficient revenues from the annual assessments, and/or they were created prior to the implementation of Proposition 218, and as a result, do not have an annual escalation clause written into the Method of Assessment. The purpose of this project is to establish an increased assessment rate for the under-funded Zones and to incorporate an annual escalation factor to keep up with inflation.
The project will include the preparation of an Engineer’s Report for each District based upon the requirements of the 1972 Act and Proposition 218 (Article XIII D of the California State Constitution).
Our staff has been helping public agencies throughout California evaluate financing options and implement successful funding strategies for many years. Our team members understand the requirements of Proposition 218 and the importance of developing a strategy that will minimize the risk of a challenge.
PROJECT APPROACH, SCHEDULE AND COMPENSATION
SCOPE OF WORK
Phase 1 – Evaluate Funding Needs
1.1 Working with City staff, review past financials and future funding needs for the Zones, to gain an understanding of the existing or desired levels of service and where the funding falls short.
1.2 Review and identify special versus general benefits that the Zone improvements and services provide, based upon a review the assessed parcels, annual budgets, recent court decisions and pending challenges.
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com
1.3 Prepare a preliminary assessment methodology based on a detailed review of “special and general benefit,” quantify the special benefit conferred by the improvements and services provided, and identify an appropriate assessment rate for each Zone.
1.4 Meet with City staff to discuss and review preliminary assessment methodology and make one set of consolidated comments as appropriate.
Phase 2 – Prepare the Engineer’s Reports
2.1 Harris will finalize an assessment methodology. The methodology will be compliant with Proposition 218 and take into account the types of parcels that make up the Zones and the improvements and services provided. The assessment methodology will ensure that the proportionality requirements of Proposition 218 are incorporated into the calculation of the assessments for each Zone.
2.2 Prepare the Engineer’s Report for the increased assessment to include the following items:
• A brief description of the existing and increased assessments, • Description of improvements and services funded by the assessments, • Estimate of costs for landscape and lighting services funded by the assessments, • Method of Apportionment for the assessments,
• Identify and quantify general versus special benefit, • Description of an annual escalation factor for increasing the assessments, • A listing of parcels in each Zone and their maximum assessment amounts.
2.3 Provide a draft report for review by City staff and legal counsel, and incorporate one set of consolidated comments into the Engineer’s Report as appropriate.
2.4 Create and provide staff reports and Resolutions for Council meetings.
2.5 Present Preliminary Engineer’s Report, if requested, to adopt Resolution of Intention and authorize an assessment ballot procedure. Attendance for this meeting is assumed to be via Zoom or other on-line platform.
OPTIONAL/ALTERNATIVE SERVICES
Phase 3 – Development of Public Outreach Strategy
3.1 Harris will assist City Staff in the development of key messages for property owners that clearly explain the services provided, financial limitations and the need for additional revenue. The key messages can be woven into communication materials and public outreach efforts.
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com Phase 4 – Coordinate Printing and Mailing of Property Owner Notice and Mailed Ballot
4.1 Prepare Preliminary Assessment Roll for mailing.
4.2 Prepare a draft Notice of Public Hearing and Assessment Ballot for review and comment by City staff and legal counsel.
4.3 Printing and mailing of individual notices and assessment ballots to property owners may be performed and coordinated with a mailing house. Costs of using a mailing house is not included in the Cost Estimate and will be invoiced at our cost if chosen. The City may also choose to conduct the mailing in-house.
4.4 Respond to requests for replacement ballots and to answer questions received from property owners during the balloting period.
4.5 Attend the Public Hearing to present Final Engineer’s Report and assist in the tabulation of the assessment ballots received following the close of the Public Hearing. Provide a ballot tabulation spreadsheet to facilitate calculation of the assessments for and opposed to the assessment to determine if a majority protest exists.
RESPONSIBILITIES OF THE CITY
1. Provide financial information and other pertinent data necessary to develop the budgets and prepare the assessment methodology.
2. Provide posting and publishing of all legally required meeting documents.
3. Retain qualified legal counsel to provide legal advice related to the increased assessment.
4. Postage and out of pocket costs for printing of Notices and Property Owner Assessment Ballots.
TENTATIVE SCHEDULE
Harris & Associates is available to begin work immediately. Prior to the start of work, we will schedule a conference call to develop a detailed project schedule with specific milestones. After approval of the Preliminary Engineer’s Reports by the City Council, Harris will coordinate the printing and mailing of the property owner Notices and Assessment Ballots.
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com
ESTIMATED FEE
Harris & Associates will provide the above described Scope of Services for the following lump sum fees.
Phase 1 – Evaluate Funding Needs ............................................................................ $15,335.00 Phase 2 – Prepare the Engineer’s Report.. ................................................................ $13,270.00 Total Harris Fee ...................................................................................................... ..$28,605.00
OPTIONAL/ALTERNATIVE SERVICES
Phase 3 – Development of Public Outreach Strategy ..................................................... $2,715.00 Phase 4 – Coordinate Printing/Mailing of Ballots/Attend Public Hearing ..................... $7,990.00 Total Optional/Alternative Services ......................................................................... $10,705.00 Total Cost Estimate ................................................................................ $39,310.00 The fee for printing, postage, and mailing of the Notice and Property Owner Ballots is not included in the lump sum fee above. These fees will be based on the actual cost to produce and mail the final approved documents based on the actual cost to produce and mail the final approved documents, based on, but not limited to, the number pages, printing both sides, the number of colors, the type of envelope, preprinted return envelopes, and return postage. If using a third-party mail house, the third-party mail house will invoice the City directly. If Harris is to cover these costs, a handling fee of 15% will be added to the costs for printing and mailing. Postage must be paid prior to mailing.
Invoices will be submitted once each phase has been completed. Should the City direct the work to stop at any point during the process, an invoice will be submitted for work completed to date. All invoices shall be paid within 30 days of receipt
Additional services will be provided as mutually agreeable based upon Harris’ Hourly Rate Schedule at the time services are provided. Harris’ Hourly Rate Schedule for 2024 is shown below. Our rates will be adjusted by the consumer price index (CPI) on January 1, 2025 and each subsequent January 1st .
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com
PROJECT TEAM
Harris & Associates specializes in serving the professional service needs of public agencies. Founded in 1974, Harris has a staff of 200 employee owners that includes financial and assessment engineering specialists and licensed civil engineers. We understand that successful projects have to address the concerns of property owners and taxpayers, be sensitive to the economic climate, and conform to local political realities. Harris team members are experts in special benefit analysis and have extensive knowledge of State codes and funding mechanisms relating to special financing districts, including Article XIIID of the California Constitution (Proposition 218) and related legislation. Team member for this project will include:
Alison Bouley, PE, will serve as the Assessment Engineer and Project Director on the project. Mrs. Bouley is a registered engineer and is Vice President of our Municipal and District Finance team. She has 25 years of experience in managing the programming and financing of infrastructure improvements consulting to cities, counties and special districts throughout the State. She has assisted agencies with the analysis of special benefit from various types of improvements, in accordance with the requirements of Article XIII D of the California State Constitution (Proposition 218). She will be in “responsible charge” as required by Section 4(b) of Article XIIID of the State Constitution, which requires that “all assessments be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California.” Ultimately, Mrs. Bouley will serve as the licensed professional who will oversee authorship of and sign the Engineer’s Report.
Rick Clark will serve as the Project Manager for this project. He has more than 28 years of experience in public finance and in-depth knowledge of Proposition 218. He has also been working with the City’s Districts for the past four years. Rick has comprehensive experience in special district formation, developing funding strategies to meet public agencies’ and constituents’ needs, and implementing those strategies. As project manager, Rick will have responsibility for the development and review of deliverables. He will coordinate project team activities, participate in key meetings and calls, and manage the project schedule and budget.
Title 2024 Billing
Rate
Vice President $285.00
Director $270.00
Senior Consultant $270.00
Project Manager $200.00
Senior Analyst $170.00
Analyst $140.00
Ms. Ann James
City of Pleasant Hill
October 11, 2023
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com • Principal-in-Charge – Donna Segura is a Director of in our Municipal and District Finance team and leads the district formation and administration team. She has over 23 years of special district formation and administration experience consulting to cities, counties and special districts throughout the State of California. She has assisted agencies with the analysis of special benefit from various types of improvements, in accordance with the requirements of Article XIIID of the California State Constitution (Proposition 218). She has also performed formation and annual administration services for Mello-Roos Community Facilities Districts, and various other fee and special tax districts Dennis Anderson, will serve as a Technical Advisor on the project. He has over 30 years of financial engineering experience consulting to cities, counties and special districts throughout the State of California. Dennis has assisted agencies with feasibility studies and the analysis of special benefit or approximate use from various types of improvements in accordance with the requirements of Article XIIID of the California State Constitution (Proposition 218) and the various fee, assessment and special tax acts within the State Codes. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, Boundary Maps and Assessment Diagrams, staff reports, and resolutions, and has assisted with presentations to agency boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bonded and maintenance districts, including facility acquisition and reimbursement. Early in his career, Dennis was an employee for 2 adjacent sanitary sewer districts in San Diego County which shared staff.
In addition to preparing public notices related to sewer charges, he was responsible for calculating connection charges, issuing sewer connection permits, preparing conditions of approval for new development, calculating annual sewer charges, placing charges on the annual property tax bills for collection, and responding to inquiries related to the sewer ordinances.
The Harris project team shown above will be supported by additional members of Harris’ public finance group as needed.
We are looking forward to working with you on this important project. If you have any questions regarding this proposal, we are pleased to discuss them at your convenience. As the project manager for this engagement, you may contact me at (949) 536-2526 or via email at [email protected].
Sincerely,
Harris & Associates Harris & Associates
Rick Clark, Project Manager Alison Bouley, P.E. Vice President Municipal + District Finance Municipal + District Finance