cc 2023 AR 10/10 assessment engineering consulting services

ACTION:
____________________________
Clerk/Secretary
Department: Finance Item No: C4
Prepared by: Joshua Sino Cruz, Senior Management Analyst Meeting Date: October 10, 2023 Approved by:

Mike Sylvia, Finance Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: ASSESSMENT ENGINEERING CONSULTING SERVICES – AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2023- , awarding a contract to NBS for assessment engineering consulting services.

Adopt City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2023/24 and 2024/25.

CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility PRIOR ACTION: On May 23, 2023, adopted City Council Resolution No. 2023-87, amending the Operating Budget for Fiscal Years 2021/22 and 2022/23 (Vote: 5-0).

On May 9, 2023, adopted City Council Resolution No. 2023-71, approving an Engineer’s Report on the City of Vista Landscape and Lighting District No. 1 assessments for the 2023/24 Fiscal Year, declaring its intent to levy and collect assessments, and setting the date for public hearing; adopted City Council Resolution No. 2023-72, approving an Engineer’s Report and determining the cost of services and the amount of assessment to be imposed on all assessable property within the City of Vista Street Maintenance District No. 1 for Fiscal Year 2023/24 pursuant to the Benefit Assessment Act of 1982 and setting the date for public hearing; adopted City Council Resolution No. 2023-73, approving an Engineer’s Report on the City of Vista South Melrose Landscape Maintenance District assessments for the 2023/24 Fiscal Year, declaring its intent to levy and collect assessments and setting the date for public hearing (Vote: 4-0, Green absent).

On May 9, 2023, directed staff to do one of the following beginning in FY 2024/25: 1) work with the City’s Assessment Engineering Consultant for the formation of one or more Overlay Districts to provide a long-term, sustainable funding solution; 2) authorize increased General Fund Subsidies as needed to augment assessment revenue to match estimated expenditures; or 3) reduce the level of service and expenditure to match estimated assessment revenue.

STATEMENT ON THE SUBJECT: On May 9, 2023, the City Council discussed the levy of assessments for three of the City’s maintenance districts: the Landscaping and Lighting District No. 1, Street Maintenance District No. 1, and South Melrose Landscape Maintenance District. The assessment rates for these districts have not been adjusted since the approval of Proposition 218 in 1996 which limits the City’s ability to increase the assessments without property owner approval.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-174.

Vote: 5-0; 2) City Council Resolution No. 2023-175. Vote: 5-0.

MEETING DATE: October 10, 2023 PAGE 2
SUBJECT: ASSESSMENT ENGINEERING CONSULTING SERVICES – AWARD OF CONTRACT Financial challenges in these districts require a closer examination of the assessment rates and overall funding structure. The funding and services of the assessment districts are summarized below. •Landscape and Lighting District No. 1: This district covers the entire city and has an aggregate assessment of approximately $1.35 million. It funds the City’s 4,479 streetlights, 109 traffic signals, and street landscape maintenance activities. The Fiscal Year 2023/24 (FY 23/24) Engineer’s Report showed a subsidized amount of approximately $236,000 from the general fund plus $24,000 in other revenue to fund this district.
•Street Maintenance District No. 1: This district is citywide and has a total assessment of approximately $322,000. Its assessments fund street sweeping and slurry sealing of city streets.

The FY 23/24 Engineer’s Report showed a subsidized amount of about $7,500 from other revenue and use of reserves to fund this district.
•South Melrose Landscape Maintenance District: This district is located in District 4 and encompasses approximately 1,359 parcels and has a total assessment of approximately $100,000.

Its assessments support activities and maintenance associated with medians, parkways and slope banks adjacent to or near the parcels of land located within the boundaries of this district. The FY 23/24 Engineer’s Report showed a subsidized amount of about $23,000 transferred in from reserves and $800 from other revenue to fund this district.

At the direction of the City Council, staff issued a Request for Proposals (RFP) on August 28, 2023 for assessment engineering consulting services. The RFP was advertised on the City’s website and the City’s online procurement portal, OpenGov Procurement, and is included in Exhibit 3. The scope of services will involve an analysis of the existing improvements, services, and assessments of these districts and develop a recommendation to revise the assessments in compliance with Proposition 218.

Additionally, the process will require transparency through stakeholder engagement and include a strict and equitable approach to calculating assessment values. The following four firms responded to the RFP by the deadline of September 11, 2023.

Firm Office Location
DTA Irvine, CA
NBS Government Finance Group (NBS) Temecula, CA
NV5 San Diego, CA
Willdan Temecula, CA
Staff reviewed the proposals based upon predetermined criteria identified in the RFP, including overall experience, projects of a similar nature and knowledge, and proposed timeline. The top-rated firm was NBS, and staff recommends awarding the contract of assessment engineering services to them with a contract ceiling of $314,350.

FISCAL IMPACT: Funding in the amount of $250,000 is available in the Finance Professional Services Account (No. 0010130.521000). Approval of the staff recommendation will amend the Fiscal Year 2023/24 and 2024/25 Operating Budget to appropriate an additional $64,350 from the General Fund Unreserved Fund Balance Account (No. 0010000.310410) to cover the ceiling amount of the contract.

EXHIBITS:

1.City Council Resolution No. 2023- , awarding a contract to NBS for assessment engineering consulting services.

2.City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2022/23 and 2023/24.

3.Contract with NBS
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00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO NBS GOVERNMENT

FINANCE GROUP FOR ASSESSMENT ENGINEERING CONSULTING

SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.040 of the Vista Municipal Code, a request for proposals (RFP) was issued on August 17, 2023.

B. Four proposals were submitted in response to the RFP and were evaluated upon the predetermined set of criteria in the RFP.

C. Staff recommends the selection of NBS Government Finance Group to provide Assessment Engineering Consulting Services.

2. Action.

A. The contract between the City of Vista and NBS Government Finance Group for Assessment Engineering Consulting Services with a ceiling amount of $314,350 is approved and the Mayor is authorized to execute the contract.

Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 10, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20231002092026
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2023/24 AND 2024/25
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On June 27, 2023 the City Council adopted Resolution 2023-117 approving the Operating Budget for Fiscal Years 2023/24 and 2024/25.

B. The City Council desires to amend the Operating and Capital Project Budgets at this time to reflect changed circumstances.

2. Action.

A. The Operating Budget for Fiscal Years 2023/24 and 2024/25 is amended as set forth in Exhibit A.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on _______________________, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230814103001
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 2

RESOLUTION NO. 2023-

CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A

1. Account Number Account Description Increase Decrease 0010000.310410 General Fund Unreserved Fund Balance 64,350$ 0010130.521000 Finance Professional Services 64,350$
Appropriations are hereby made (and estimated revenues are hereby adjusted) to fund (the subject project). 10/10/2023 C4 5 of 98

Professional Services (Non-Construction) (RFP)(NPW)1 of 9 NBS GOVERNMENT FINANCE GROUP [51960-2] 00051960 4

CONTRACT FOR PROFESSIONAL SERVICES

ASSESSMENT ENGINEERING CONSULTING SERVICES
THIS “CONTRACT ” is entered into by and between the “Parties ” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Mike Sylvia
Billing Contact: Alora Thresher
The “Contractor”
NBS GOVERNMENT FINANCE GROUP, a
California corporation
32605 Temecula Pkwy #100
Temecula, CA 92592 -6838
Contact: Sara Mares

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.

2.2 The “Required License” for the Services is: N/A .

2.3 Contractor, an entity holding the Required License, desires to enter into this “Contract” with City for the Services.

2.4 The “Project” for which the Services are required is described in Exhibit A.

2.5 Contractor has submitted to City a Proposal to perform the Services dated September 11, 2023 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is: $314,350

2.7 Any references in Exhibit A or Exhibit B to “Consultant” shall mean Contractor for the purposes of this Contract.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for until complete.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
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4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work, or other operations, as may be required from time to time, in accordance with Exhibit A and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Vista Municipal Code Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract. 10/10/2023 C4 7 of 98

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6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E.

7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

8.0 STANDARD OF PERFORMANCE

8.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

8.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

9.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.

9.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

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9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

10.0 CIVIL RIGHTS

10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act , the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend, and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, 10/10/2023 C4 9 of 98

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including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee, or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

12.0 ASSIGNMENT AND SUBCONSULTING

12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's sub contractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's wo rk, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations. 10/10/2023 C4 10 of 98

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14.0 FINANCIAL RECORDS

14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

16.0 CONFIDENTIALITY

16.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

16.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.
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17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

19.0 DUTY OF INDEMNIFICATION

19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.

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 (“Duty of Indemnification”). Contractor’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.

19.2 The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve, or reduce Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

19.3 Contractor’s costs of defense shall not exceed Contractor’s proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
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20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

21.0 SERVICE OF NOTICE

21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0 . Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0 .

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

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26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ , CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

“Contractor”

NBS GOVERNMENT FINANCE GROUP, a
California corporation

By:

Name/Title

By:

Name/Title

APPROVED
Walter C. Chung
20230926134826

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00051960 4 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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00051960 4 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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00051960 4 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 10/10/2023 C4 17 of 98

00051960 4 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 10/10/2023 C4 18 of 98

00051960 4 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00051960 4 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]

NOT APPLICABLE TO THIS CONTRACT

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00051960 4 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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City of Vista
Assessment Engineering Consulting Services

Attachments:

A - Attachment A
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1. INTRODUCTION

1.1. Summary
The City of Vista is soliciting written proposals for Assessment Engineering Consulting Services. The City will enter into an Agreement with one (1) selected Consultant.

Consultants may submit proposals as a single firm with in-house capabilities or as a primary consultant with sub-consultants to provide the RFP services. For specialized work for which the prime consultant will require a sub-consultant, the prime consultant will serve as an administrative liaison between the City and the sub-consultant. The prime consultant mark-up for sub-consultants shall not exceed five percent (5%). The City reserves the right to request proposals from other firms throughout the Agreement term for special projects requiring unique qualifications.

1.2. Background
The City of Vista is soliciting proposals from qualified firms to provide consulting services for three (3) of the City’s assessment districts. The City is requesting proposals to analyze these districts to determine the current inventory status, establish the current and future funding shortfall for each district, conduct community outreach campaigns, and to evaluate the assessment methodologies to ensure compliance with the requirements of Article XIII (D) of the California Constitution.

Below are reports that have been prepared that estimates expenditures and determines the assessment amounts for each parcel within the districts.

City of Vista Landscaping and Lighting District No. 1: The City of Vista Landscape and Lighting District No. 1 was formed to provide funds for the operation and maintenance of the streetlights, traffic signals, and public landscaping systems throughout the City. All parcels within the City boundary benefit from these services. The annual assessment rate(s) are based on use and size of the property. For a typical single-family dwelling, with a parcel area of less than 0.45 acres, the basic annual assessment rate is $13.51, which consists of $5.62 for street lighting, $3.88 for traffic signals, and $4.01 for landscaping.

Properties that receive a greater benefit pay a higher annual assessment. For FY 2023/24, the assessment rates will not increase from the prior year. In order to continue providing the current level of services during FY 2023/24, it is estimated this district will be subsidized by the General Fund in the amount of $233,806. Historically, the District revenues have been consistently less than the expenses.

A full detailed report can be found here:
cc 2023 REPORT landscape and lighting district no. 1 - Laserfiche WebLink (cityofvista.com) City of Vista Street Maintenance District No. 1: The Street Maintenance District No. 1 was formed to assist in providing for street maintenance and street sweeping services throughout the City. All parcels within the City boundary benefit from these services and are grouped into zones based on their level of service. The annual assessment rate per zone for FY 2023/24 for a typical single-family residence is as follows:
• Zone 1 (no street sweeping) - $3.72
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• Zone 2 (street sweeping 2 days per month) - $11.10
• Zone 3 (street sweeping 4 days per month) - $18.48
• Zone 4 (street sweeping 8 days per month) - $33.24
These rates are the maximum amounts that can be assessed. For FY 2023/24, the assessment rates will not increase from the prior year. Historically, the District revenues have been less than the expenses.

A full detailed report can be found here:
cc 2023 REPORT street maintenance district no. 1 - Laserfiche WebLink (cityofvista.com) South Melrose Landscape Maintenance District: The South Melrose Drive Landscape Maintenance District was formed in 1989 to finance maintenance for the medians, parkways, and slopes along South Melrose Drive, Sycamore Drive, and certain areas of connecting streets. The District encompasses only those properties that receive direct benefit from the maintenance. There are five benefit zones within the District, determined based on specific maintenance requirements within each zone.

The maximum amounts were established at the time the District was formed. These maximum amounts were further restricted, as shown below for each zone, to the amount of assessment that was in place when Proposition 218 was passed in 1996. The proposed FY 2023/24 budget for the District indicates the rate per zone to be assessed for FY 2023/24 should be as follows:
• Zone 1: Maximum assessment rate is $105.31 per Equivalent Dwelling Unit (EDU), applied rate is $86.46 per EDU.
• Zone 2: Maximum assessment rate is $118.15 per EDU, applied rate is $97.00 per EDU. • Zone 3: Maximum assessment rate is $31.80 per EDU, applied rate is $26.11 per EDU. • Zone 4: Maximum assessment rate is $35.17 per EDU, applied rate is $28.88 per EDU. • Zone 5: Maximum assessment rate is $3.35 per EDU, applied rate is $2.75 per EDU.

Historically, the District revenues have been less than the expenses.

A full detailed report can be found here:
cc 2023 REPORT south melrose landscape maintenance district - Laserfiche WebLink (cityofvista.com)

1.3. Contact Information
Mike Sylvia
Director of Finance
200 Civic Center Drive
Vista, CA 92084
Email: [email protected]
Phone: (760) 643-5367
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Department:

Finance

1.4. Timeline
City Issues RFP August 17, 2023
Question Submission Deadline August 25, 2023, 5:00pm
Question Response Deadline August 30, 2023, 6:00pm
Proposal Submission Deadline September 11, 2023, 4:00pm Contractor Award October 10, 2023

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2. SCOPE OF SERVICES

2.1. SCOPE OF SERVICES
The City is seeking a qualified consulting firm(s) to provide the following services:

The City is seeking proposals from qualified consulting firms to provide assessment engineering services for amending the existing assessment districts' methods of assessment to comply with the current state of California legal code. The legal codes to be considered are either the Government Code for the 1982 Benefit Assessment Act or the Streets and Highways Code for the 1972 Landscape and Lighting Act requirements.

Consultant tasks may include, but are not limited to, the following:

Program Development
Preparation of technical reports and analyses
Development of jurisdictional program procedures, documents, forms, reporting tools, and training materials
Program Implementation
Support for outreach and education activities (e.g., development of materials, staff training, internal/external presentations, etc.)
The Consultant has total responsibility for the accuracy and completeness of the project deliverables and shall check all such materials accordingly. The deliverables will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City do NOT include detailed review or checking of deliverables. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.

The project deliverables furnished under the Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall be a product of professional appearance, well organized, clear illustrations/photos (as applicable), technically and grammatically correct, checked, and dated. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.

The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The quality control plan shall establish a process whereby plans are independently checked, corrected and back-checked, and all job-related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files.

The Consultant shall implement a billing procedure to provide the City with clear and concise summaries of work tasks being invoiced for payment. Invoices shall include, at a minimum, current and total expenditures for work tasks, and a description of work completed. Invoices shall be submitted in a timely manner.

Objective:
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The objective of this project is to engage a consulting firm with expertise in assessment engineering and a thorough understanding of the relevant legal codes to assist the City in amending its assessment districts' methods of assessment, which may include the formation of new districts. The consulting firm will work closely with the City's staff, legal counsel, and relevant stakeholders to ensure compliance with the applicable legal requirements. Prior City Council discussion in May 2023, City Council instructed staff to work with a consulting firm on the formation of one or more Overlay Districts to provide a long-term, sustainable funding solution.

Scope of Work:

The scope of work for the selected consulting firm will include, but not be limited to, the following:

A. Review of Existing Assessment Districts: Conduct a comprehensive review of the City's existing assessment districts and their current methods of assessment.

B. Budget Development: Review projected costs of improvements, maintenance, and services.

C. Parcel Database: Establish a parcel database for assessor parcels as currently shown on the County assessor's parcel or development maps.

D. Special vs. General Benefit Analysis: Review proposed improvements, maintenance, services, budgets, location type improvements, special benefit, and general benefit. Discussion of appropriate and/or alternative approaches to proposed assessment districts.

E. Separation and Quantification of Special and General Benefit: Analyze improvements, maintenance, services, proposed boundaries, district characteristics, parcel characteristics, special and general benefits conferred, and assessment engineering industry standards and sources to separate and quantify special vs. general benefit in compliance with the special benefit requirements of Proposition 218 for review by all stakeholders.

F. Method of Assessment: Preparation of Method of Assessment, including rates, in compliance with the proportionality requirements of Proposition 218 for review by all stakeholders.

G. Legal Code Compliance Analysis: Analyze the applicable legal code (either Government Code for the 1982 Benefit Assessment Act or Streets and Highways Code for the 1972 Landscape and Lighting Act requirements) to determine the necessary amendments to bring the assessment districts into compliance.

H. Stakeholder Engagement: Collaborate with the City's staff, legal counsel, and other relevant stakeholders to gather input, address concerns, and ensure the proposed amendments meet the needs of the community.

I. Attend the public hearing to tabulate the ballots and address questions and/or concerns. Attend additional meetings as requested by the City.

J. Engineering Assessment: Conduct a thorough engineering assessment to determine the appropriate assessment methodologies, rates, and calculations required for compliance. 10/10/2023 C4 27 of 98

K. Drafting Amendments: Prepare comprehensive and legally sound amendment proposals to the assessment districts' methods of assessment, incorporating all necessary changes to comply with the applicable legal code.

L. Public Hearing Support: Provide assistance in conducting public hearings and presenting the proposed amendments to the assessment districts to the community and relevant governing bodies.

M. Documentation: Prepare detailed reports, including engineering assessments, legal analysis, amendment proposals, and any other documentation necessary to support the amendment process.

N. Implementation Support: Provide guidance and support during the implementation phase, including assistance with any necessary modifications, updates to assessment rolls, and related tasks.

O. Identify and resolve any special circumstances that may be involved in the formation. Develop project schedules to meet legal requirements and provide for effective interfacing of all involved parties. Establish meeting points consistent with schedule to achieve project milestones. Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes.

P. Work with legal counsel to prepare Resolutions, notices and ballots, as required, for compliance with Proposition 218. A Proposition 218 balloting would need to be completed to form a new financing mechanism (Overlay Assessment District) which would generate sufficient assessment revenue to fund the special benefit portion of the services to be provided. This would relieve the General Fund of ongoing subsidies; however, the General Fund would still need to fund the general benefit portion of the services.

Q. Prepare, submit and review with City staff Preliminary and Final Engineer’s Reports, including description of improvements, map of improvements, plans and specifications, cost estimate, assessment methodology, assessment roll and diagram for any new district formations.

R. Tabulate the ballots returned via the most appropriate method (bar code or other) and report the results to the legislative body at the completion of the public hearing.

S. Coordinate with the City Clerk to record the diagram with the County Recorder.

T. Provide a toll-free phone number for use by the City staff and all stakeholders. Staff shall also include bilingual personnel who will be available to answer questions regarding proposed formation of Overlay District(s) with coterminous boundaries. 10/10/2023 C4 28 of 98

3. SUPPLEMENTARY RFP REQUIREMENTS

3.1. Business License
The Consultant and all subconsultants shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabl.com . A City of Vista Business License is not required to propose on this RFP.

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4. EVALUATION PHASES
The City's consultant evaluation and selection process is based on Qualifications Based Selection (OBS) for professional services. An appointed evaluation committee will review the proposals. The following criteria will be utilized for evaluating the proposals:

4.1. Phase 1
No. Evaluation Criteria Scoring Method Weight (Points)

1. Relevant local experience and reputation of
the consulting firm, including a verification of
data and references.