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CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
Agreement No. 1
THIS AGREEMENT (“Agreement”), effective the 22nd day of January, 2025 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and Francisco & Associates, Inc., a California Corporation, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the City desires to engage a consultant to provide assessment engineering services to the City for its Street Lighting and Landscape Assessment District No. 1981 -01 (“Services”) as further set forth in this Agreement;
WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and
WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.
NOW, THEREFORE, Consultant and the City agree as follows:
TERMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services . Consultant agrees to provide the Services to the City as specified in , collectively, the scope of services set forth the scope of services set forth in Consultant’s proposal dated December 2, 2024 (“Proposal”), attached as Exhibit A and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the Proposal and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“ Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”
B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession ; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitute s a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.
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C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.
D. Time is of the Essence . In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider . The City has approved of Ed Espinoza, P.E. as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must Updated: 2/24 Page 3
electronically submit certified payroll records to the Labor C ommissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, Enforcement, a nd Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.
The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed Fifty Thousand Five Hundred Dollars ($50,500) as follows:
For deliverables delineated in Exhibit A:
Phase I (at specified hourly rates) Not to exceed $30,000 Phase II (annual administration) Lump sum $19,500
Phase II (postage and mailings) Not to exceed $1,000
TOTAL NOT TO EXCEED $50,500
Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services a re subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
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(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on December 31, 2025. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Con sultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:
Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services
None________________________ None___________________________ ____________________________ _______________________________
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and mat erials that are necessary to complete a client engagement.
Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date ; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.
Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above .
Consultant is solely responsible for it s office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.
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the City with information as is necessary to enable City to monitor the performa nce of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all s uch reports and information.
Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.
(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating th at the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as ma y be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agre ement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.
This Section (13) will survive expiration of the Term or termination of the Agreement.
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(14) Assignment of Personn el. Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better . If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to f ulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits . Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive g eneral liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bo dily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .
The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.
3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the C alifornia Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors an d omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.
Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts covera ge sufficient to cover all Services Updated: 2/24 Page 7
provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements : The General Li ability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professio nals f orm CG 20 07 may be used.
Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
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d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy require d by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least thirty ( 30) days written notice to the City, unless due to non - payment of premiums, in which case ten (10) days written notice is required.
3. Waiver of Subrogation: Each required policy mus t include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .
Before beginning performance of the Services, Consultant must disclose th e amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions wi th respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or Subcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant o r subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance r equirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.
(16) Indemnification. The terms and conditions set forth in subsection 16(A), below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).
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A. Indemnification by Non-Design Professionals. Consultant shall, to the full est extent permitted by law, indemnify, defend (with counsel acceptable to the C ity) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by C onsultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of C ity. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.
2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of Ci ty, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Con sultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
B. Indemnification by Design Professionals . Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the Services to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Updated: 2/24 Page 10
Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all loss es, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not e xceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.
1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of Updated: 2/24 Page 11
San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.
(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510 -215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opp ortunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
(20) Termination.
A. Termination for Convenience . City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of oth ers.
Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Updated: 2/24 Page 12
Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.
C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomp lish the desired objectives.
(21) Ownership of Materials . Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the Parties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.
Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.
(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third -Party Rights . The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.
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(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Cali fornia, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.
(29) Breach. In the event that Consultant fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either Party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies . Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant furth er warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.
(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
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(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts.
(36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:
To Consultant: Francisco & Associates, Inc.
Eduardo Espinoza, P.E., Principal
5927 Balfour Ct, Suite 109
Carlsbad, CA 92008
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.
Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
___ This Agreement is subject to federal funding. See Exhibit C. _X__ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
__ This Agreement is subject to funding by Caltrans. See Exhibit D. _X_ This Agreement is not subject to funding by Caltrans.
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IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager
Date signed: _______________________ Date signed:___________________________
FRANCISCO & ASSOCIATES, INC.
By ___________________________________
Eduardo Espinoza, P.E., Principal
Date signed:___________________________
ATTEST:
By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Consultant’s Proposal, dated December 2, 2024
Updated: 2/24 Page 16
Exhibit A
Administration of Street Lighting
and Landscape Assessment
District No. 1982-1
For Fiscal Year 2025-26
December 2, 2024
TABLE OF CONTENTS
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PAGE NO.
SECTION I – Brief Description and Qualifications of the Firm .................. 1-1
SECTION II – Scope of Work .................................................................... 2-1
SECTION III – Relevant Project Experience and References .................... 3-1
SECTION IV – Proposed Schedule of Fees ............................................... 4-1
APPENDIX A – Resumes of Key Staff Members
Ed Espinoza, P.E. .............................................................. A-1
Joseph A. Francisco, P.E. .................................................. A-4
Maxwell Goins, E.I.T. ........................................................ A-7
SECTION I
BRIEF DESCRIPTION AND QUALIFICATIONS OF THE FIRM
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Francisco and Associates (F&A) is a certified small business firm with offices located in the City of Carlsbad and a satellite office in the City of San Ramon. Our firm was established to provide financial and engineering services to the public sectors throughout California. The princi pal staff members of F&A have approximately 60 years of public financing and municipal engineering experience, which involves the formation and administration of over 300 special financing districts throughout California and Nevada.
The specialty areas provided by F&A generally consist of the following:
• Assessment District Formation & Administration;
• Community Facility District Formation & Administration (Mello-Roos); • Special Fee District Formation & Administration;
• Special Tax District Formation & Administration;
• Maintenance District Formation & Administration (1972 Act); • Cost Reimbursement Districts;
• Geological Hazard Abatement Districts;
• Special Tax Auditing Services;
• Proposition 26 and 218 Compliance; and
• Public Relations/Noticing & Balloting.
The staff at F&A has performed a variety of tasks associated with the aforementioned services, including, but not limited to, preparation of Assessment Engineering Reports, Special Tax/Fee Reports and conducting Special Tax/Fee Audits, preparation of Feasibility Studies, development of special tax formulas and benefit spread methodologies, development of operational budgets, cash flow and debt analysis, special tax forecasting, compliance reviews with Proposition 218 and public presentations to neighborhood groups (HOAs), organized community groups, City Councils, Boards of Supervisors, Board of Directors, and at public finance seminars such as the California Debt and Investment Advisory Commission (CDIAC) conferences. In addition, we assist with the preparation of special financing district formation proceedings, resolutions, and staff reports.
Another important factor that occurs behind the scenes in our company is our quality control program. When a company, such as ours, is responsible for the levying of over $486,000,000 in assessments, special taxes, and fees for over 3.9 million parcels annually, it is extremely important to have in place sound quality control measures. Our quality control program is comprehensive and extremely rigorous which is why if you talk to any of our clients you will hear that our work is accurate, clear, and concise.
The goals for our company are quite simple; listen to our clients, provide quality service with a personal touch and be extremely responsive. Because these goals have always been instilled in our staff it has allowed us to say that none of our existing clients have ever strayed to one of our competitors. This unprecedented record is the result of our quality work, attention to detail, and listening to our clients’ needs.
SECTION II
SCOPE OF WORK
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F&A will provide assessment engineering services to the City of San Pablo (the “City”) for its Street Lighting and Landscape Assessment District No. 1982-1 (the “District”) for Fiscal Year (FY) 2025-26. Our goal is to position ourselves as the City’s expert resource and an extension of staff, rather than as a consultant. As part of the services provided for Fiscal Year 2025-26, F&A will perform an audit of the Fiscal Year 2024-25 District assessments levied to confirm accuracy pursuant to the District assessment methodology and boundaries to ensure the City receives the revenue to which it is entitled; review and update staff reports, resolutions, and public hearing notices to ensure each document fulfills statutory requirements; and update the District’s annual Engineer’s Report to incorporate industry best practices and strengthen compliance with the Landscape and Lighting Act of 1972 (the “Act”) and Proposition 218. The specific tasks for the services that will be provided are outlined below.
PHASE I – SCOPE OF WORK FOR ONBOARDING PROCESS
Task 1 – Collect and Review Available Data
Coordinate with City staff and the Contra Costa County (the “County”) auditor’s office to obtain information needed to fulfill this scope of work, such as the District formation documents, assessor’s files, copies of secured property tax rolls, assessment diagrams, budget information, and l and use and property characteristics for parcels within the boundaries of the District. To the extent available, the City will also provide improvement plans, easements, HOA information, and inventory of streetlights and traffic signals maintained by the District.
Task 2 – Audit of Fiscal Year 2024-25 Database and Assessments
As part of the onboarding services provided for Fiscal Year 2025-26, F&A will perform an audit of current Fiscal Year 202 4-25 District assessments to confirm accuracy pursuant to the District assessment methodology and boundaries. The audit will include utilizing ArcGIS to ensure that no parcel outside District boundaries is assessed and that no parcel within District boundaries is omitted from the parcel database. Also, we will update the District parcel database to reflect the most current parcel information available from the County including property owner name, mailing address, situs address, use code, acreage, residential units, and any other pertinent parcel attributes that are needed to calculate annual assessments. Next, we will apply the District’s assessment methodology to all parcels within District boundaries and compare our results with the amounts levied for Fiscal Year 2024-25. We will review discrepancies with City staff and for recommended changes in assessments, explain the reasoning for the recommendation. The goal of this initial audit is to establish an accurate parcel database to the furthest extent reasonable because it will be the foundation upon which the City bases important decisions.
Task 3 – Assist with Implementation of Assessment Corrections
For parcels determined to have been incorrectly assessed in prior years, F&A will coordinate with City staff to establish a policy that can be implemented to correct District assessments going forward and compensate applicable property owners for prior years as appropriate.
SECTION II
SCOPE OF WORK
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Task 4 – Modify District Engineer’s Report Format and Content
Modify the District Engineer’s Report to a more concise format and strengthen compliance with the Act and Proposition 218. The modified Engineer’s Report will comply with the requirements of the Act and include: a description of improvements, budget or cost estimate, benefit spread methodology, assessment district diagram, and a listing of each parcel’s proposed assessment.
PHASE II – SCOPE OF WORK FOR FY 2024-25 ANNUAL ADMINISTRATION
Task 1 – Project Meetings
Meet with City staff virtually to review scope of work, project schedule, improvements to be maintained for the ensuing fiscal year, and discuss District compliance with assessment methodology, the Act, and Proposition 218. F&A will review the District’s documents and r ecommend changes to incorporate industry best practices and strengthen compliance with the Act and Proposition 218.
Task 2 – Initiation of the Annual Assessment Levies
Assist City staff to prepare drafts of the staff report and resolution for the City Council meeting initiating the annual assessment process for the District. Review the draft staff report and resolution with City staff and incorporate changes as needed.
Task 3 – Prepare Annual Assessment Diagram
Prepare Annual Assessment Diagram that identifies District boundaries and includes all new parcels included in the current County secured property tax roll.
Task 4 – Prepare Annual District Budget
Coordinate with City staff to prepare the budget for the ensuing fiscal year for inclusion in the Engineer’s Report. Coordinate with City staff to identify a list of Capital Improvement Projects or substantial changes in maintenance proposed for the ensuing fiscal year.
Task 5 – Prepare Engineer's Report for Preliminary Approval
Upon completion of the District onboarding process and Tasks 1 through 4 above, we will prepare and submit the updated Engineer’s Report for Fiscal Year 202 5-26, including assessment roll, to City staff for review and comment. Based upon the comments received from City staff on the updated Engineer’s Report, prepare the final version of the Engineer’s Report and submit to City staff for City Council approval.
Task 6 – Adoption of Resolution of Intention
Assist City staff to prepare the staff report and resolution for the City Council meeting regarding preliminary approval of the Engineer’s Report and adoption of the Resolution of Intention. Review the staff report and resolution with City staff and incorporate changes as needed. If requested, attend the City Council meeting regarding adoption of the Resolution of Intention to address questions from City Council and the public.
SECTION II
SCOPE OF WORK
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Task 7 – Final Engineer's Report
Based upon the comments received from City staff and City Council at the City Council meeting referenced in Task 6 above, prepare the Final Engineer’s Report and submit it to City staff for City Council approval.
Task 8 – Notice of Public Hearing
Assist City staff to prepare and finalize the Notice of Public Hearing for publication in the local newspaper.
Task 9 – Resolution Approving Final Engineer’s Report and Authorizing Levy
Assist City staff to prepare the staff report and resolution for the City Council meeting regarding approval of the Final Engineer’s Report and adoption of the resolution authorizing the levy of assessments. Review the staff report and resolution with City staff and incorporate changes as needed.
Task 10 – Public Hearing
Assist City staff with preparation of the Power Point slides for the Public Hearing as needed. If requested, attend the Public Hearing regarding adoption of the resolution approving the Final Engineer’s Report and authorizing the levy of assessments to assist City staff with questions from City Council and the public.
Task 11 – Prepare Final Parcel Database for Levy
In July of 2025, obtain a copy of the secured closed property tax roll from the County Assessor. Update the District’s parcel database with the most current parcel information which includes but is not limited to, property owner name, mailing address, situs address, use code, acreage, residential units, and any other pertinent parcel attributes that are needed to recalculate the assessments for the ensuing fiscal year.
Finalize the levy assessment database by applying the assessment methodology for the District.
Task 12 – Filing of County Forms, Final Engineer’s Report, and Resolution
Prepare the required County forms in accordance with the County’s annual submittal requirements, file the Final Engineer’s Report, Assessment Diagram, and resolution authorizing the levy of assessments with the County auditor’s office.
Task 13 – Auditor’s Report
Prepare the electronic Auditor's Report for the District in the County approved format.
If there are any rejected parcels resulting from the first submittal, research them and resubmit them to the County to ensure the City receives the assessment revenue to which it is entitled to.
SECTION II
SCOPE OF WORK
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Task 14 – Final Assessment Roll
Provide City staff with a Final Assessment Roll in electronic format for its records.
Task 15 – Field Property Owner Inquiries
If requested, provide a phone number to be placed on property tax bills and field property owner inquiries throughout the year.
RESPONSIBILITIES OF THE CITY
1) Provide qualified legal counsel to review and approve all District documents; 2) Review and approve all budgets, staff reports, resolutions, and legal notices; 3) Publish the notice of public hearing; and
4) Schedule and place items on the agenda for the required City Council meetings.
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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This section provides a description of work performed by staff members of F&A on projects related to Landscape and Lighting Assessment Districts . Also , listed below are the corresponding references for each project. We encourage you to give them a call and hear firsthand about our quality service and commitment to their projects. If you should need additional references, we can provide them upon your request.
MAINTENANCE DISTRICT FORMATION & ADMINISTRATION
F&A has formed and administered assessment districts throughout California. Some agencies we have assisted include the counties of Alameda, Contra Costa, Sacramento, Santa Clara, San Bernardino, the cities of Anderson, Antioch, Brentwood, Clovis, Concord, Danville, Dublin, Hayward, Lincoln, Livermore, Merced, Newark, Norwalk, Novato, Moraga, Oakland, Oakley, San Jose, Redondo Beach, San Ramon, Solvang, Sunnyvale and special districts such as Arden Manor Recreation & Park District, Hayward Area Recreation & Park District, Livermore Area Recreation & Park District, and the East Bay Regional Park District. Specific tasks associated with the formation and administration of the maintenance assessment districts include preparation of the Engineer’s Report by a registered professional engineer, development of benefit assessment methodologies, database management, preparation of notices and ballots, and submittal of the annual assessment levies to the County Auditor’s Office for inclusion on the secured property tax roll. District sizes range from less than 1,000 parcels to over 500,000 parcels. One of the public agencies we currently work with, the City of Oakland, generates over $ 175 million annually from their assessment districts and special tax measures.
CITY OF BRENTWOOD – LANDSCAPE MAINTENANCE DISTRICTS AND CITYWIDE
PARK MAINTENANCE DISTRICT
No. of Combined Assessable Parcels Annually – 39,600
FY 2024-25 Combined Assessment Revenue – $14.8 million
F&A has assisted the City of Brentwood with the annual administration of its various financing districts for the past twenty -five (25) years. We assist the City in annually administering the Citywide Landscape Maintenance District and Citywide Park Maintenance District. Each year we prepare the Engineer’s Reports, update assessment district maps utilizing GIS, update assessment district databases, review and recommend a CPI increase for the various districts, prepare and review district budgets, review parcel changes and make recommendations on how to apply the special assessments to the newly created parcels, develop the parcel database, submit the parcels to the County in their required electronic format, verify that all parcels were assessed correctly and as sist with handling property owner phone calls. In addition, F&A prepares all City staff reports and resolutions, and attends City Council meetings. The contact person for the City of Brentwood’s special financing districts is:
Project Reference:
Aaron Wanden
Park Maintenance Manager
City of Brentwood, Parks & Recreation
35 Oak Street
Brentwood, CA 94513-1164
p: 925-516-5111
e: [email protected]
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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CITY OF CLOVIS CITYWIDE LANDSCAPE MAINTENANCE DISTRICT NO. 1
No. of Combined Assessable Parcels Annually – 25,800
FY 2024-25 Combined Assessment Revenue – $6.0 million
In 2004 we assisted the City of Clovis with its successful Proposition 218 election to form Landscape Maintenance District No. 1 (LMD No. 1) and have conducted more Proposition 218 elections since then. The City’s LMD No. 1 consists of more than 50 separate benefit zones.
The assessment district has three (3) general landscape maintenance zones, three (3) park maintenance zones and forty-seven (47) enhanced landscaping zones. Our services included coordinating a public opinion survey to determine community support, answering property owner phone call inquiries, managing the Proposition 218 balloting process and working with City staff. Additionally, we prepared the Engineer’s R eport, legal notices, ballots, and informational materials for City Council meetings. Our firm tabu lated the ballots and reported the results to the City Council.
Project Reference:
Paul Armendariz
Deputy Public Utilities Director
City of Clovis
1033 Fifth Street
Clovis, CA 93612
p: (559) 324-2649
e: [email protected]
CITY OF CONCORD (CITYWIDE STREET LIGHTING, DOWNCITY LANDSCAPE MAINTENANCE, LANDSCAPE & LIGHTING DISTRICT NO. 3, AND PINE HOLLOW
LANDSCAPE & LIGHTING DISTRICT)
No. of Combined Assessable Parcels Annually – 38,900
FY 2024-25 Combined Assessment Revenue – $1.6 million
F&A has assisted the City of Concord with the annual administration of its various Landscape and Lighting Assessment Districts for the past twenty (20) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, etc. In addition, F&A attends City Council meetings and handles all property owner phone calls for the City.
Project Reference:
Craig Blythe
Administration & Fleet Services Manager
City of Concord
1455 Gasoline Alley
Concord, CA 94520
p: (925) 671-3141
e: [email protected]
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPE & LIGHTING DISTRICT NO. 1979-3
No. of Combined Assessable Parcels Annually – 19,700
FY 2024-25 Combined Assessment Revenue – $1.56 million
F&A assists Contra Costa County with the annual administration of its landscape and lighting assessment district which consists of thirty -two (32) special zones of benefit, generating approximately $1.6 annually. The assessment district finances the operation and maintenance of landscaping, parks, and recreational facilities throughout the unincorporated areas of Contra Costa County. F&A assists with the annual preparation of the Engineer’s Report which includes development of maintenance budgets, updating of improvement diagrams, district database preparation, mailing of notices, and submittal of the assessments to the County for placement on the property tax roll.
Project Reference:
Warren Lai
Director of Public Works
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
p: (925) 313-2180
e: [email protected]
TOWN OF DANVILLE (STREET LIGHTING & LANDSCAPING ASSESSMENT DISTRICT NO. 1983-1)
No. of Combined Assessable Parcels Annually – 15,900
FY 2024-25 Combined Assessment Revenue – $3.1 million
F&A has assisted the Town of Danville with the annual administration of its Landscape and Lighting Assessment District for the past twenty (20) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, etc . In addition, F&A attends Town Council meetings and handles all property owner phone calls for the City.
F&A is currently assisting the Town with forming a new Townwide Landscape and Lighting Assessment District pursuant to the Act and Proposition 218.
Project Reference:
Dave Casteel
Maintenance Services Director
Town of Danville
1000 Sherburne Hills Rd.
Danville, CA 94526
p: (925) 314-3434
e: [email protected]
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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CITY OF HERCULES LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NOS. 83- 2, 2002-1, 2002-2, 2004-1, AND 2005-1
No. of Combined Assessable Parcels Annually – 17,200
FY 2024-25 Combined Assessment Revenue – $3.5 million
F&A has assisted the City of Hercules with the annual administration of their various Landscape and Lighting Assessment Districts for the past twelve (12) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings f or new development, coding of expenditures throughout the fiscal year, etc. In addition, F&A assists in the preparation of all the City staff reports and resolutions, attends City Council meetings, and handles all property owner phone calls for the City.
Project Reference:
Mike Roberts
Public Works Director
City of Hercules
111 Civic Drive
Hercules, CA 94519
p: (510) 799-8241
e: [email protected]
CITY OF LINCOLN LANDSCAPE & LIGHTING DISTRICT NO. 1
No. of Combined Assessable Parcels Annually – 10,000
FY 2024-25 Combined Assessment Revenue – $3.8 million
F&A has assisted the City of Lincoln with the annual administration of their Landscape and Lighting Assessment District for the past twelve (12) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, coding of expenditures throughout the fiscal year, etc. In addition, F&A assists in the preparat ion of all the City staff reports and resolutions, attends City Council meetings, and handles all property owner phone calls for the City.
Project Reference:
Nita Wracker
Assistant City Manager
City of Lincoln
600 Sixth Street
Lincoln, CA 95648
p: (916) 434-3296
e: [email protected]
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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TOWN OF MORAGA (STREET LIGHTING ASSESSMENT DISTRICT NO. 1979-1)
No. of Combined Assessable Parcels Annually – 4,000
FY 2024-25 Combined Assessment Revenue – $200,000
F&A recently began to assist the Town of Moraga with the annual administration of their Landscape and Lighting Assessment District. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, etc. In addition, F&A attends Town Council meetings and handles all property owner phone calls for the City.
Project Reference:
Shawn Knapp
Public Works Director/Town Engineer
Town of Moraga
329 Rheem Boulevard
Moraga, CA 94556
p: (925) 888-7027
e: [email protected]
CITY OF OAKLAND CITYWIDE LANDSCAPE & LIGHTING DISTRICT
No. of Combined Assessable Parcels Annually – 107,000
FY 2024-25 Combined Assessment Revenue – $18.7 million
F&A assists the City of Oakland Landscape and Lighting District which funds the operation and maintenance of the City’s streetlights, landscaping, and parks facilities. The District includes three (3) zones of benefit and assesses approximately 107,000 parcels to collect approximately $18,700,000 annually. Each year we prepare the Engineer’s Report and present the report to City Council for approval. We also update the assessment district database, develop maintenance budgets, place the assessments on the property tax roll and answer property owner questions throughout the year.
Project Reference:
Bradley Johnson
Budget Administrator
City of Oakland
150 Frank Ogawa Plaza, Suite 6353
Concord, CA 94612
p: (510) 207-5730
e: [email protected]
SECTION III
RELEVANT PROJECT EXPERIENCE AND REFERENCES
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CITY OF OAKLEY (STREET LIGHTING & LANDSCAPE ASSESSMENT DISTRICT NO. 1)
No. of Combined Assessable Parcels Annually – 29,900
FY 2024-25 Combined Assessment Revenue – $5.0 million
F&A has assisted the City of Oakley with the annual administration of their Landscape and Lighting Assessment District for the past twenty (20) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new de velopment, etc. In addition, F&A prepares all the City staff reports and resolutions and handles all property owner phone calls for the City.
Project Reference:
Kevin Rohani
Public Works Director/City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
p: (925) 625-7003
e: [email protected]
SECTION IV
PROPOSED SCHEDULE OF FEES
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PHASE I - ONBOARDING PROCESS
The Scope of Work corresponding to the Phase I (Onboarding Process) is a one-time fee proposed to be performed on a time and materials basis at the hourly rates shown in the table below, not to exceed $30,000.
PHASE II - ANNUAL ADMINISTRATION FOR FISCAL YEAR 2025-26
The Scope of Work corresponding to Phase II (Annual Administration) is proposed to be performed on a lump sum basis in the amount of $19,500.
Reimbursable expenses including, but not limited to, postage, mailing services, overnight mail, County Assessor data, and data storage will be billed at cost plus 15%, not to exceed $1,000.
F&A Personnel
Classification
Hourly
Rate
Principal/Project Manager $240
Associate Engineer $175
Senior Project Analyst $160
Project Analyst $145
Administrative Staff $90
Appendix A
franciscoandassociates.com
RESUMES OF
KEY STAFF MEMBERS
APPENDIX A
ED ESPINOZA, PRINCIPAL
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Ed Espinoza, P.E.
Principal/Assessment Engineer
Mr. Espinoza will be the primary point of contact for the City, responsible for overseeing and managing all aspects of the City’s projects. He will attend all in -person and virtual meetings as requested.
Education
University of Florida
Bachelor of Science, Civil Engineering
Registrations
Professional Engineer, California, No. 83709
Affiliations
Featured Speaker/Panelist for the California Debt and Advisory Investment Commission American Society of Civil Engineers
American Public Works Association
Committee on Assessments, Special Taxes, & Other Financing Facilities (CAST-OFF)
Summary of Experience
Ed Espinoza is a principal at Francisco and Associates and has served as the managing principal or assessment engineer on the formation and administration of a multitude of special financing districts throughout the state of California. Mr. Espinoza has created and implemented innovative benefit assessment, property -related fee, and special tax methodologies to fund public services and the construction and maintenance of improvements under several California statutes including, but not limited to, the Benef it Assessment Act, Improvement Act of 1913, Municipal Bond Act of 1915, Landscape and Lighting Act, and the Mello-Roos Community Facilities Act. Mr. Espinoza also specializes in conducting Proposition 218 compliance reviews, including benefit analyses quantifying general versus special benefit to property, and determining proportionate share of special benefit and cost of service. He has led many successful property owner ballot proceedings to implement new or increased property -related fees and assessments . Ed also has extensive experience in the use of Geographic Information Systems (GIS) and its various applications. This experience includes shapefile and geodatabase creation and manipulation for all aspects of mapping and layer management.
Mr. Espinoza works closely with developers and public agencies to streamline the acquisition of public facilities using bond proceeds generated from Community Facilities Districts and Assessment Districts. Mr. Espinoza has audited over $500 million in reimbursement requests submitted by developers comprised of development impact fees, and the design and construction of parks, roadway, sewer, water, storm drainage, traffic, and water quality improvements.
Prior to joining Francisco and Associates, Ed was a design engineer for Kimley-Horn and Associates, Inc. and worked on numerous small and large-scale public and private sector projects, including commercial and residential land development, roadway improvements, flood control and watershed management plans, and environmental impact studies.
APPENDIX A
ED ESPINOZA, PRINCIPAL
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The following is a partial listing of special financing district projects Mr. Espinoza has worked on during his career.
Benefit Assessment Act of 1982
➢ City of Clovis, CA, Benefit Assessment District No. 95-1 ➢ City of Lincoln, CA, Benefit Assessment District No. 1
Fee Districts
➢ City of Brentwood, CA, Sewer Standby Charge
➢ City of Brentwood, CA, Water Standby Charge
➢ City of Concord, CA, Sewer Service Charge
➢ City of Livermore, CA, Sewer Service Charge
➢ City of Maywood, CA, Sewer Service Charge
➢ City of Norwalk, CA, Sewer Service Charge
➢ Ironhouse Sanitation District, CA, Sewer Service Charge
Geological Hazard Abatement Districts
➢ Canyon Lakes Geological Hazard Abatement District
➢ Hillcrest Heights Geological Hazard Abatement District ➢ Leona Quarry Geological Hazard Abatement District
➢ Oakland Area Geological Hazard Abatement District
➢ SW Pittsburg Geological Hazard Abatement District
➢ Weidemann Ranch Geological Hazard Abatement District
➢ Wendt Ranch Geological Hazard Abatement District
Maintenance Assessment Districts
➢ City of Brentwood, CA, Landscape and Lighting Districts (60+ districts) ➢ City of Brentwood, CA, Citywide Park Assessment District ➢ City of Clovis, CA, Landscape Maintenance District No. 1 ➢ City of Concord, CA, Citywide Street Lighting District ➢ City of Concord, CA, DownCity Landscape Maintenance District ➢ City of Concord, CA, Landscape and Lighting District No. 3 ➢ City of Concord, CA, Pine Hollow Estates Landscape and Lighting District ➢ Town of Danville, CA, Street Lighting Maintenance District No. 1983-1 ➢ City of Hayward, CA, Maintenance District No. 1 & 2
➢ City of Hayward, CA, Landscape Maintenance District
➢ City of Hercules, Landscape and Lighting Assessment Districts (5 districts) ➢ City of Lincoln, CA, Landscape and Lighting Assessment District No. 1 ➢ City of Livermore, CA, DownCity Maintenance District
➢ City of Maywood, CA, Streetlighting Assessment District ➢ City of Monterey Park, CA, Citywide Maintenance District 93-1 ➢ Town of Moraga, CA, Street Lighting Assessment District No. 1979-1 ➢ City of Newark, CA, Landscape and Lighting Districts (8 separate districts) ➢ City of Oakley, CA, Street Lighting and Landscape Assessment District No. 1 ➢ Santa Clara County, CA, County Lighting Service Area
➢ City of Solvang, CA, Solvang Mesa Landscape Maintenance District ➢ City of Sunnyvale, CA, DownCity Parking Assessment District ➢ Mission Oaks Parks and Recreation District, CA, PMRID
APPENDIX A
ED ESPINOZA, PRINCIPAL
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Mello-Roos Community Facilities Act of 1982
➢ City of Brentwood, CA, CFD No. 2, 3, 4 & 5
➢ City of Campbell, CA, CFD No. 2
➢ City of Clovis, CA, CFD No. 2020-1
➢ Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1 ➢ Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2 ➢ City of Hercules, CA, CFD No. 2017-1
➢ City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2018-1, and 2018-2 ➢ City of Napa, CA, CFD No. 2017-1
➢ City of Oakland, CA, Rockridge CFD
➢ City of Oakley, CA, CFD Nos. 1, 2015-1, 2015-2, 2018-1, and 2020-1 ➢ City of San Ramon, CA, CFD No. 2014-1
➢ City of Sunnyvale, CA, CFD No. 1 and 3
Mosquito and Vector Abatement Districts
➢ Contra Costa County Mosquito and Vector Control Assessment District, CA
Municipal Improvement Act of 1913
➢ City of Anderson, CA, Riverside Avenue East Assessment District ➢ City of Brentwood, CA, Assessment Districts (11 separate districts) ➢ City of Lake Elsinore, CA, Assessment Districts 86-1, 90-1 and 93-1 ➢ City of Newark, CA, AD Nos. 26, 30, 31, 32, 33, and 34 ➢ City of Merced, CA, 16th Street Assessment District
➢ City of Merced, CA, Liberty Park Assessment District
➢ City of Merced, CA, North Merced Sewer Improvement District ➢ City of Merced, CA, Fahrens Park Assessment District
➢ City of Newark, CA, Assessment Districts (8 separate districts) ➢ City of Sunnyvale, CA, Conway Road Assessment District.
Special Tax Districts
➢ Alameda County, County Emergency Medical Services Tax ➢ Hayward Area Recreation and Park District, CA, Park Special Tax ➢ Knightsen City Community Services District, CA, Flood Control Special Tax ➢ City of Livermore, CA, Livermore Emergency Medical Services Tax ➢ City of Livermore, CA, Storm Water Tax
➢ Livermore Area Recreation & Park District, CA, Livermore Special Tax District 97-1 ➢ City of Newark, CA, Citywide Emergency Medical Services Tax ➢ City of Oakland, CA, Citywide Library Tax
➢ City of Oakland, CA, Oakland Emergency Medical Services Tax ➢ City of Oakland, CA, Oakland Paramedic Services Tax
➢ City of Oakley, CA, Polices Services Tax
➢ City of San Jose, CA, Citywide Library Services Tax
APPENDIX A
JOE FRANCISCO, PRINCIPAL
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Joe Francisco, P.E.
Principal
Mr. Francisco founded Francisco and Associates in 2000 and has served as Principal since the company was established.
Education
San Diego State University
Bachelor of Science, Civil Engineering
Registrations
Professional Engineer, California, No. 40688
Professional Engineer, Nevada, No. 12316
Affiliations
American Society of Civil Engineers
American Public Works Association
Municipal Management Assistants of Northern California
Summary of Experience
Mr. Francisco is a Registered Civil Engineer in the State of California and will be your Quality Control Engineer responsible for reviewing all aspects of your project. Mr.
Francisco has more than forty (40) years of professional Public Financing and Assessment Engineering experience. He has served as Project Manager, Quality Control Engineer, and Technical Advisor for the formation and administration of over 150 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, 1913 Municipal Improvement Act, Mello-Roos Community Facilities Act of 1982, Fire Suppression District Act, Benefit Assessment Act of 1982, Property and Business Improvement Law of 1994, and Special Fee and Tax Districts. His experience also extends to the State of Nevada, having formed special financing districts under the authority of the Nevada Revised Statues.
Mr. Francisco is extremely familiar with all the requirements of forming and administering Landscape & Lighting Assessment Districts. He has prepared numerous benefit spread methodologies, Engineer’s Reports, Proposition 218 compliance reviews, conducted Proposition 218 elections, prepared and mailed required legal notices and ballots, etc.
Prior to forming Francisco and Associates , Mr. Francisco was the Public Financing Chairman for the City of San Diego, responsible for the formation and administration of all their special financing districts. This position required coordination between the City Attorney, City Auditor, City Engineer, Finance Director, and the City Treasurer along with outside Financial Advisors, Legal Counsels, Bond Underwriters, Developers and Property Owners. After working for the City of San Diego for twelve (12) years, Mr. Francisco joined Willdan Associates (which acquired Muni-Financial, a Financial Services Firm) in Southern California as their Southern California Assessment Engineer. Two (2) years later, he joined Berryman & Henigar’s Management & Finance Division and worked with them for over seven (7) years. His last position at Berryman & Henigar was Vice President in charge of the Northern California Management & Finance Division, responsible for the formation and administration of their special financing districts.
APPENDIX A
JOE FRANCISCO, PRINCIPAL
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The following includes a partial listing of financing district projects Mr. Francisco has worked on during his career.
Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)
➢ City of Antioch, CA, Street Lighting and Landscape Maintenance Districts ➢ City of Brentwood, CA, Brentwood Landscape and Lighting Districts (60+ ➢ City of Clovis, CA, Landscape Maintenance District No. 1 ➢ Contra Costa County, CA, Landscape and Lighting District No. (LL-2) ➢ City of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1 ➢ City of Encinitas, CA, Landscape Maintenance District No. 1 ➢ City of Livermore, CA, DownCity Maintenance District
➢ City of Oakland, CA, Wildfire Prevention Assessment District ➢ Santa Clara County, CA, County Lighting Service Assessment District ➢ City of Solvang, CA, Solvang Landscape & Lighting District No. 2004-1 ➢ City of Sunnyvale, CA, DownCity Parking Assessment District ➢ City of Sunnyvale, CA, Conway Road Assessment District
Benefit Assessment Act of 1982
➢ City of Rancho Cucamonga, CA, Benefit Assessment District 90-1 ➢ City of Vista, CA, Street Maintenance District
➢ City of Clovis, CA, Benefit Assessment District No. 95-1 ➢ City of Lincoln, CA, Benefit Assessment District No. 1
Cost Reimbursement Districts
➢ City of San Diego, CA, International Business Center Cost Reimb. District ➢ City of San Diego, CA, Mesa Shopping Center Reimbursement District
Maintenance Assessment Districts
➢ City of Alhambra, CA, Citywide Lighting and Landscape Maintenance. District ➢ Ambrose Recreation and Park District, CA, Landscape Maintenance. District ➢ City of Antioch, CA, Street Lighting and Landscape Maintenance Districts ➢ City of Brentwood, CA, Landscape and Lighting Districts (60+ districts) ➢ City of Brentwood, CA, Citywide Park Assessment District ➢ City of Clovis, CA, Landscape Maintenance District No. 1 ➢ Contra Costa County, CA, Landscape and Lighting District No. (LL-2) ➢ Town of Danville, CA, Street Lighting Maintenance District No. 1983-1 ➢ City of Encinitas, CA, Landscape Maintenance District No. 1 ➢ City of Long Beach, CA, DownCity Street Lighting District ➢ City of Newark, CA, Landscape and Lighting Districts (8 separate districts) ➢ City of Oakland, CA, Citywide Landscape and Lighting District ➢ City of Oakley, CA, Street L&L Assessment District No. 1 ➢ Santa Clara Open Space Authority, CA, Open Space Assessment District ➢ Santa Clara County, CA, County Lighting Service Area
➢ City of Santa Fe Springs, CA, Citywide Lighting and Landscape Maintenance.
District
➢ City of Sunnyvale, CA, DownCity Parking Assessment District ➢ City of Vista, CA, La Mirada Canyon Landscape Maintenance District ➢ City of Vista, CA, Special Lighting Assessment District No. 1
APPENDIX A
JOE FRANCISCO, PRINCIPAL
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Mello-Roos Community Facilities Act of 1982
➢ Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1 ➢ Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2 ➢ City of Danville, CA, CFD No. 97-1
➢ City of Davis, CA, Mace Ranch CFD
➢ City of Desert Hot Springs, CA, Public Safety CFD 93-1 ➢ City of Hercules, CA, CFD No. 2017-1
➢ City of Huntington Beach, CA, Ellis-Goldenwest CFD 1990-1 ➢ City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2016-1
➢ City of Livermore, CA, CFD Nos. 2012-1, 2015-1, 2016-1 ➢ City of Napa, CA, CFD No. 2017-1
➢ City of Oakland, CA, Rockridge CFD
➢ City of Oakley, CA, CFD Nos. 1 (Cyprus Grove), 2005-1, and 2015-2 ➢ County of Orange, CA, CFD 87-5B, Rancho Santa Margarita ➢ County of Orange, CA, CFD 87-5E, Rancho Santa Margarita ➢ City of San Diego, CA, Miramar Ranch North CFD 90-1
Municipal Improvement Act of 1913
➢ City of Chula Vista, CA, Assessment Districts (10 separate districts) ➢ County of Orange, CA, Irvine Coast Assessment District No. 88-1 ➢ City of San Clemente, CA, Lane Forester Ranch No. 98-1 ➢ City of San Clemente, CA, Undergrounding Utility District ➢ City of San Diego, CA, International Business Center Assessment District ➢ City of San Diego, CA, Mission Valley Heights Assessment District ➢ City of San Diego, CA, Black Mountain Road Assessment District ➢ City of Sunnyvale, CA, Conway Road Assessment District. ➢ San Joaquin Area Flood Control Agency, CA, Flood Protection Restoration Assessment District No. 96-1
➢ City of Vista, CA, Huff and Date Street Assessment District No. 86-2 ➢ City of Vista, CA, Oceanside Blvd., and Melrose Drive Improvement District ➢ City of Vista, CA, Raceway Basin Assessment District No. 86-1 ➢ City of Vista, CA, Sycamore Industrial Park Assessment District No. 81-2R
APPENDIX A
MAXWELL GOINS, PROJECT ANALYST
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Maxwell Goins, E.I.T.
Project Analyst
Mr. Goins will assist the Principal-In-Charge with all aspects of the project.
Education
Washington State University
Bachelor of Science, Civil Engineering
Affiliations
American Public Works Association
Summary of Experience
Mr. Goins assists with the development of annual databases, GIS mapping, preparation of Engineer’s Reports, Proposition 218 proceedings, and submittal of assessments, taxes, and charges to various counties in California. He has served as a project analyst for the administration of several special financing districts pursuant to the Landscape & Lighting Act of 1972 and Mello-Roos Community Facilities District Act of 1982. He also has served as a Project Analyst reviewing and auditing reimbursement requests to be funded by bond proceeds generated from Community Facilities and Assessment Districts. Reimbursement requests reviewed include acquisition and construction costs associated with a multitude of public facilities and improvements, such as development impact fees, and the design and construction of roadway, sewer, water, storm drainage, traffic, and water quality improvements.
Prior to joining Francisco and Associates, Mr. Goins worked as a Project Manager for the Asotin County, Washington Public Works Department, performing grant funded project coordination, engineering and design for various road and stormwater improvement projects, right-of-way permitting, and construction inspection.
The following includes a partial listing of public financing projects Mr. Goins has worked on.
Maintenance Assessment Districts
➢ Town of Danville, CA, Street Lighting Maintenance District No. 1983-1 ➢ City of Lincoln, CA, Landscape and Lighting Assessment District No. 1 ➢ City of Livermore, CA, Landscape Maintenance District ➢ City of Monterey Park, CA, Citywide Maintenance District 93-1 ➢ Town of Moraga, CA, Street Lighting Assessment District No. 1979-1 ➢ City of Oakland, CA, Citywide Landscape and Lighting District ➢ City of Oakley, CA, Street L&L Assessment District No. 1 ➢ City of Rancho Cordova, CA, Landscape and Lighting Assessment District Nos. 2005-1, 2012-1
Construction Cost Audit Services
➢ California Municipal Finance Authority (BOLD) – CFD Nos. 2023-11, 2024-2 ➢ City of Sacramento, CA – CFD No. 2018-1, 2019-1
Mello-Roos Community Facilities Act of 1982
➢ City of Lincoln, CA, CFD Nos. 2018-1, 2018-2
➢ City of Oakley, CA, CFD No. 2015-1