HomeMy WebLinkAboutItem No. 09 - PSA SCG-Spicer Consulting Group, LLC Special Tax Admin SvsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-115
Agenda Date: 4/13/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 9)
Professional Services Agreement with SCG-Spicer Consulting Group, LLC for Special Tax
Administration Services
Approve and authorize the City Manager to execute a Professional Services Agreement with
SCG-Spicer Consulting Group, LLC (“SCG’) for Special Tax Administration Services in an amount not
to exceed $463,994.06 annually in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 4/8/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: April 13, 2021
Subject: Professional Services Agreement with SCG-Spicer Consulting Group, LLC
for Special Tax Administration Services
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with
SCG-Spicer Consulting Group, LLC (“SCG’) for Special Tax Administration Services in a n
amount not to exceed $463,994.06 annually in such final form as approved by the City Attorney.
Background
On May 31, 2016, the City approved a new professional services firm. SCG has provided all the
related services associated with Assessment, Landscape and Lighting District administration,
Tax Administration process. They perform an excellent service for the City and are a critical
member of the City’s Finance Team for compliance and due diligence.
Discussion
The new Agreement with SCG will provide a consolidation of all administrative support services
for special financing districts, including the City of Lake Elsinore’s Community Facilities Districts
(CFD’s), Assessment District (AD), Landscaping and Lighting Maintenance Districts (LLMDs),
and CSA 152, to include handling public inquiries for all districts. Additionally, within this scope
of work, SCG will provide assessment district and CFD administration, including preparation of
annual reports, delinquency management, calculation of assessment and special taxes,
submittal of assessments and special taxes to the County for placement on the property tax roll,
handling of all public inquires related to CFD.
Focused primarily on the Southern Inland Empire, SCG has the expertise and resources to fully
support the City’s growth. SCG has a complete repository of data including a direct connection
to the County Auditor’s taxing system that will ensure absolute accuracy in levying the special
assessments/taxes on the County tax rolls. The staff have performed exceptionally and meet all
deadlines.
Professional Services Agreement - SCG
April 13, 2021
Page 2 of 2
Finally, staff has negotiated these professional services to maintain existing costs. The direct
cost-benefit of this action will result in savings to the City of Lake Elsinore property owners.
Fiscal Impact
Fees for these services will be paid as part of the bond and special district resources set aside
for administration. Therefore, the City’s General Fund is not impacted.
Exhibits
A – Agreement
B – Proposal
@BCL@E40F73D1 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LAKE ELSINORE AND
SCG-SPICER CONSULTING GROUP, LLC FOR SPECIAL TAX ADMINISTRATION
SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of April 13, 2021, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
SCG – Spicer Consulting Group, LLC, a Tax Administrative Services ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
For all administration support services for special financing districts, including the City of Lake
Elsinore’s Community Facilities Districts (CFDs), Assessment District (AD), Landscaping and
Lighting Maintenance Districts (LLMDs), and CSA 152, to include handling public inquiries for all
districts.
B. Consultant has submitted to City a proposal, dated April 6, 2021, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
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Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue through June 30, 2024, with two one-year options to extend by the
City Manager in writing.
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed
$463,994.06 dollars (Four-hundred sixty-three thousand nine hundred ninety four dollars and six
cents ) without additional written authorization from the City. Notwithstanding any provision of
Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be
reimbursed at cost without an inflator or administrative charge. Payment by City under this
Agreement shall not be deemed a waiver of defects, even if such defects were known to the City
at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the s afety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
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pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant ’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
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years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agr ee to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or 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 the 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, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
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11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
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or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. 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. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Spicer Consulting Group, LLC
Attn: Melissa Bellitire
41619 Margarita Road, Suite 101
Temecula, CA 92591
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing W age Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
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make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
“CONSULTANT”
Spicer Consulting Group, LLC, a Click or tap
here to enter text.
By: Melissa Bellitire, Principal
Its: Click or tap here to enter text.
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Assessment District Administration
1. Calculation of Special Assessments: SCG will annually calculate and apportion the special assessments for each
District in accordance with the Method of Apportionment included in the Engineer’s Report. The annual calculation
will consist of the principal, interest, and administration costs necessary to satisfy the special assessment
requirement.
2. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal
Year on or before August 10. SCG will calculate and prepare the annual levy for the Districts in a format and media
acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution,
prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as
necessary.
3. Staffing and Contact Information: SCG will provide a toll-free telephone number, of SCG designation, for inclusion
on the regular property tax billing next to the specific line item to facilitate contact with the public, and provide payoff
calculations, if requested. City Staff may also refer property owners, title companies and other interested parties to
that toll-free number in regard to the parcel tax proceedings and annual installments.
4. Annual Levy Report: SCG will prepare any necessary documentation required for assessments of the special
assessment to be submitted to the County for enrollment. SCG will also provide the City with a Levy Report for the
annual assessment enrollments for the Districts. These reports will provide the City a full listing of the parcels levied
for each District including information relevant to the calculation of the assessment.
5. Reapportionments (Reimbursable by the property owner) SCG will, in a timely manner and pursuant to the
applicable statutory provisions, prepare assessment apportionments, which shall include:
i. preparation of amended assessment diagrams;
ii. apportioning the assessment to divided parcels;
iii. preparation and delivery of the required notice to the original bond purchaser(s);
iv. recordation of required notice and amended assessment diagrams,
v. preparation (if necessary) of required disclosure document, as required by the Department of Real Estate
(RE624 Forms). Services related to apportionments shall be at the expense of the affected property.
6. Provide City Staff Support: SCG will support City staff in researching current and historical tax roll information,
ownership, and provide payoff calculations per the Engineer’s Report for the Assessment Districts.
7. Annual Continuing Disclosure: SCG will prepare Annual Continuing Disclosure Reports that meet the guidelines
of the Continuing Disclosure requirements for each District as stated by the continuing disclosure certificate under
SEC Rule 10b-5and 15c2-12. SCG will provide this report to the City for review and approval. Upon approval SCG
will disseminate the reports as the dissemination agent with the Municipal Securities Rule Making Board (MSRB)
using Electronic Municipal Market Access (EMMA) and to any other party directed by the applicable continuing
disclosure agreement.
8. Disclosure for Prospective Property Purchases: SCG will assist City staff with providing the proper disclosure of
Assessment information for prospective property purchases as required by Sections 53340.2 (b) and 53341.5 of the
State of California Government Code.
9. Release of Lien: SCG will prepare the Release of Lien, required by Revenue and Taxation Code 163, upon
confirmation a prepayment has been made by the property owner. SCG will record the release within five (5) days
of receiving the signed release and provide a copy to the City.
10. Bond Call: SCG will perform an analysis to determine the par amount of the bonds to be called, to calculate any
applicable premium, and to determine which maturities to call from and prepare a revised debt service schedule. SCG
will coordinate the bond call with the Fiscal Agent/Trustee to ensure that bonds are called per the redemption
provisions of the bond issue.
11. Delinquency Monitoring: SCG will provide delinquency management services to the City regarding their Districts.
SCG will monitor delinquencies as required for the Annual Continuing Disclosure agreement and provide delinquency
reporting, prepare notifications to property owners, coordinate with the City and Foreclosure Counsel, assist in the
collection process, and help monitor any payment plans.
12. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the
Riverside County Assessor’s Office, for the parcels within the Districts. The database will include final tract and/or
parcel map recordation information, building permits, and the appropriate building and parcel information, as well as
certificate of compliance information for properties within each District.
13. Budget Review: SCG will review each District budget provided by the City and coordinate with City staff to assist
with accurate cost-recovery accounting, incorporating the actual maintenance costs into the District budget to achieve
maximum cost-to-benefit equity.
14. Viewable Database: SCG will obtain the latest Geographic Information System (GIS) shape files to be used for
the calculation of the annual district assessments and make readily viewable using a KML file accessible and
searchable, including APN and street address, using Google Earth.
15. Annual Enrollment Correspondence: SCG will prepare all Proposition 218 compliance forms for each fund
number utilized by the City for the Auditor-Controller’s Office, as well as any summary statements and authorized
signature forms. SCG will identify and discuss with City staff any legislation impacts and changes made to the
documents.
16. Resubmittals and Adjusted Property Tax Bills: If any changes to the secured tax roll necessitate
corrections/revisions after the deadline, SCG will research, recalculate and, with the City approval, rectifies the issue.
We will notify the City of the assessor’s parcel numbers that were rejected by the County and therefore may not be
assessed.
17. Handbills: SCG will prepare and mail hand bills for those parcels the County does not generate a tax bill. The
handbills would include the City letterhead, invoices with two (2) installments, and would be payable directly to the
City.
18. California Debt and Investment Advisory Commission (CDIAC): SCG will prepare all reports for the City’s
approval of any State and/or Federal reporting requirements pertaining to each District including the California Debt
and Investment Advisory Commission (CDIAC), if applicable.
19. AB 2109: SCG will prepare all reports for the City’s approval of any State and/or Federal reporting requirements
including the Assembly Bill 2109, if applicable.
20. SB 165 Reporting: SCG will provide all materials to assist the City in preparing reports for the legislation that was
approved in 2001 requiring additional reporting requirements outlined in Section 53411 of the Government Code (a)
and (b).
21. Indenture Compliance: SCG will periodically review and monitor the City’s compliance with the Indenture of Trust
or Fiscal Agent Agreement as it relates to the flow of the special taxes. This will be incorporated in the annual budget
review process.
Community Facilities District Administration
1. Debt Service Component: SCG will coordinate with the City’s fiscal agent to review debt service schedules and
determine the amount needed to pay principal and interest on the outstanding bonds. We independently maintain a
debt service schedule for each bonded District as quality assurance and verify the appropriate debt service amounts
are identified.
2. Calculation of Special Taxes: SCG will annually calculate and apportion the special taxes for each District in
accordance with the Rate and Method of Apportionment (RMA) of the Special Tax. The annual calculation will consist
of assigning the special tax classes to each parcel within the District per the RMA and determine the special tax
amount that will satisfy the special tax requirement.
3. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal
Year on or before August 10. SCG will calculate and prepare the annual levy for the Districts in a format and media
acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution,
prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as
necessary.
4. Staffing and Contact Information: SCG will provide a toll-free telephone number, of SCG designation, for inclusion
on the regular property tax billing next to the specific line item to facilitate contact with the public, and provide payoff
calculations, if requested. City Staff may also refer property owners, title companies and other interested parties to
that toll-free number in regards to the special tax proceedings and annual installments.
5. Annual Levy Report: SCG will prepare any necessary documentation required for assessments of the special tax
to be submitted to the County for enrollment. SCG will also provide the City with a Levy Report for the tax enrollments
for the Districts. These reports will provide the City a full listing of the parcels levied for each District including
information relevant to the calculation of the assessment for the City’s approval.
6. Disclosure for Prospective Property Purchases: SCG will assist City staff with providing the proper disclosure of
Assessment information for prospective property purchases as required by Sections 53340.2 (b) and 53341.5 of the
State of California Government Code.
7. Annual Continuing Disclosure: SCG will prepare Annual Continuing Disclosure Reports that meet the guidelines
of the Continuing Disclosure requirements for each District as stated by the continuing disclosure certificate under
SEC Rule 10b-5and 15c2-12. SCG will provide this report to the City for review and approval. Upon approval SCG
will disseminate the reports with the Municipal Securities Rule Making Board (MSRB) using Electronic Municipal
Market Access (EMMA) and to any other party directed by the applicable continuing disclosure agreement.
8. Bond Call: SCG will perform an analysis to determine the par amount of the bonds to be called, to calculate any
applicable premium, and to determine which maturities to call from and prepare a revised debt service schedule. SCG
will coordinate the bond call with the Fiscal Agent/Trustee to ensure that bonds are called per the redemption
provisions of the bond issue.
9. Release of Lien: SCG will prepare the Release of Lien, required by Revenue and Taxation Code 163, upon
confirmation a prepayment has been made by the property owner. SCG will record the release within five (5) days
of receiving the signed release and provide a copy to the City.
10. Delinquency Monitoring: SCG will provide delinquency management services to the City regarding their Districts.
SCG will monitor delinquencies as required for the Annual Continuing Disclosure agreement and provide delinquency
reporting, prepare notifications to property owners, coordinate with the City and Foreclosure Counsel, assist in the
collection process, and help monitor any payment plans.
11. Foreclosure Coordination (Bonded Districts Only): SCG will assist in preparing documents submitted by the City
requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to
Commence Foreclosure, preparation of Exhibits for the Resolution commencing foreclosure, and coordination of the
removal of the assessments approved for foreclosure from the tax roll. SCG will provide delinquent amounts (including
penalty and interest at the time the foreclosure is transferred) to City staff.
12. Bond Rating Agencies: SCG will assist City staff in providing information to bond rating agencies when needed.
13. Current and Future CFD Laws: SCG is well versed in all case laws approved affecting assessment and special
tax districts. We continue to attend educational seminars and conferences and discuss these issues with other
industry professionals on an annual basis. SCG will provide City Staff with periodic updates as new case law is
approved and keep the City in compliance with all statutory and regulatory laws related to the City’s special finance
districts.
14. Notice of Special Tax: SCG will provide and record a Notice of Special Tax Disclosure as required by California
Government Code Sections 53340.2(b) and 53341.5.
15. SB 165 Reporting: SCG will provide all materials to assist the City in preparing reports for the legislation that was
approved in 2001 requiring additional reporting requirements outlined in Section 53411 of the Government Code (a)
and (b).
16. AB 2109: SCG will prepare all reports for the City’s approval of any State and/or Federal reporting requirements
including the Assembly Bill 2109, if applicable.
17. California Debt and Investment Advisory Commission (CDIAC): SCG will prepare all reports for the City’s
approval of any State and/or Federal reporting requirements pertaining to each District including the California Debt
and Investment Advisory Commission (CDIAC), if applicable.
18. Annual Reporting AB 1666: SCG will provide an Annual Report (AB 1666) to the City which will include
identification of the Community Facilities District (CFD) administrative cost items eligible for the recovery by the public
agency, review of fund balances and any surplus/deficit funds, debt service requirements, delinquency reporting, and
a cover letter providing any related recommendations or issues. The report will include a series of schedules,
including a District summary that will be useful for City staff to reference.
19. Meetings: SCG will attend City Meetings, Public Hearings, and/or staff meetings annually as determined by the
City for the annual enrollment. We will attend additional hearings and public meetings as required by the appropriate
improvement act(s) fully prepared to present all necessary testimony and to respond to all public comments.
20. Data Collection: SCG has the latest assessor’s parcel maps and equalized tax roll information from the Riverside
County Assessor’s Office, including Geographic Information System (GIS) shape files for the parcels within the
Districts. The database will include final tract and/or parcel map recordation information, building permits, and the
appropriate building and parcel information, as well as certificate of compliance information for properties within each
District to be used for the calculation of the annual district assessments and made readily viewable using a KML file
accessible and searchable, including APN and street address, using Google Earth.
21. Budget Review: SCG will review each District budget provided by the City and coordinate with City staff to assist
with accurate cost-recovery accounting, incorporating the actual maintenance costs into the District budget to achieve
maximum cost-to-benefit equity.
22. Annual Enrollment Correspondence: SCG will prepare all Proposition 218 compliance forms for each fund
number utilized by the City for the Auditor-Controller’s Office, as well as any summary statements and authorized
signature forms. SCG will identify and discuss with City staff any legislation impacts and changes made to the
documents.
23. Resubmittals and Adjusted Property Tax Bills: If any changes to the secured tax roll necessitate
corrections/revisions after the deadline, SCG will research, recalculate and, with the City approval, rectify the issue.
We will notify the City of the assessor’s parcel numbers that were rejected by the County and therefore may not be
assessed.
24. Handbills: SCG will prepare and mail hand bills for those parcels the County does not generate a tax bill. The
hand bills would include the City letterhead, invoices with two (2) installments, and would be payable to the directly
to the City.
25. Prepayment Calculation: SCG will calculate the special tax prepayment amount for a parcel(s) and provide any
additional information as requested related thereto. The party requesting the calculation shall pay the fee of any
prepayment calculation.
26. Indenture Compliance: SCG will periodically review and monitor the City’s compliance with the Indenture of Trust
or Fiscal Agent Agreement as it relates to the flow of the special taxes. This will be incorporated in the annual budget
review process.
Landscape and Lighting Maintenance District Administration
1. Services Coordination: SCG will schedule an annual kick-off meeting with the City staff to confirm the schedule
of events for the administration and to determine the procedural and financial considerations including; reviewing
budgets, discuss the appropriate land use classifications and discuss and identify the boundaries. SCG will work with
the City to collect and review parcel data to the City’s Landscape and Lighting Maintenance Districts (LLMD’s).
2. Data Collection: SCG has the latest assessor’s parcel maps and equalized tax roll information from the Riverside
County Assessor’s Office, including Geographic Information System (GIS) shape files for the parcels within the
Districts. The database will be used for the calculation of the annual district assessments and made readily viewable
using a KML file accessible and searchable, including APN and street address, using Google Earth.
3. Engineer’s Report Preparation: SCG will prepare sections and/or complete preliminary and final annual
Engineer’s Report pursuant to Landscaping and Lighting Act of 1972 and the provisions of California Article XIIID
(Proposition 218). These reports will include the following required items: i) a general description of the District, which
may include key historical facts, zone designations and discussion of the District benefits; ii) a description of the plans
and improvement specifications; iii) description of the method of apportionment; iv) a map of the District; v) an
assessment roll of the estimated cost to each parcel; and vi) an affidavit stating that a professional engineer has
prepared the report.
4. Reporting: SCG will provide the City with an electronic copy of the Engineer’s Reports containing the information
used to calculate the annual assessment amount for each parcel as well as a summary of the total annual levy for
the District.
5. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal
Year on or before August 10. SCG will calculate and prepare the annual levy for the Districts in a format and media
acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution,
prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as
necessary.
6. Exceptions List and Parcel Updates: SCG will research, recalculate and, with the City’s approval, re-submit any
revisions to the parcel exceptions list from the County. SCG will prepare any additional County required
correspondences relating to the submittal, correction, or removal of assessment to the County tax roll for the City.
7. Staffing and Contact Information: SCG will provide a toll-free telephone number, of SCG designation, for inclusion
on the regular property tax billing next to the specific line item to facilitate contact with the public. City Staff may also
refer property owners, title companies and other interested parties to that toll-free number regarding the special tax
proceedings and annual installments.
8. Annual Levy Report: SCG will provide the City with an Annual Levy Detail and Levy Summary Report for the final
tax enrollments for the Districts. These reports will provide the City a full listing of the parcels levied for each District
including information relevant to the calculation of the assessment. The levy summary report will provide a summary
of the total levy enrolled compared to the approved budget and include a description for any variances for the City.
9. Annual Enrollment Correspondence: SCG will prepare all Proposition 218 compliance forms for each fund
number utilized by the City for the Auditor-Controller’s Office, as well as any summary statements and authorized
signature forms. SCG will identify and discuss with City staff any legislation impacts and changes made to the
documents.
10. Timeline: As a result of this meeting SCG will prepare and maintain a timeline identifying the sequence of events,
responsibilities, and due dates and be in constant communication with City Staff of these requirements. Periodic
adjustments will be made to address the City’s scheduling requirements or proposed District changes.
11. Meetings: SCG will attend City Council meetings, public hearings, and/or staff meetings annually as determined
by the City for the annual enrollment. We will attend additional hearings and public meetings as required by the
appropriate improvement act(s) fully prepared to present all necessary testimony and to respond to all public
comments.
12. Budget Review: SCG will review each District budget provided by the City and coordinate with City staff to assist
with accurate cost-recovery accounting, incorporating the actual maintenance costs into the District budget to achieve
maximum cost-to-benefit equity.
13. Reporting: SCG will complete all reports required by the County, State and Federal agencies.
County Service Area 152 District Administration
1. Annual Levy Preparation and Submittal: SCG will determine the Annual Levy requirement for the current Fiscal
Year on or before August 10. SCG will calculate and prepare the annual levy for the Districts in a format and media
acceptable for direct submission to the Riverside County Auditor-Controller's Office, including the enabling resolution,
prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as
necessary.
2. Staffing and Contact Information: SCG will provide a toll-free telephone number, of SCG designation, for inclusion
on the regular property tax billing next to the specific line item to facilitate contact with the public. City Staff may also
refer property owners, title companies and other interested parties to that toll-free number in regard to the special tax
proceedings and annual installments.
3. Annual Levy Report: SCG will provide the City with an Annual Levy Detail and Levy Summary Report for the final
tax enrollments for the Districts. These reports will provide the City a full listing of the parcels levied for each District
including information relevant to the calculation of the assessment. The levy summary report will provide a summary
of the total levy enrolled compared to the approved budget and include a description for any variances for the City.
4. Reporting: SCG will complete all reports required by the County, State and Federal agencies.
Weed Abatement
1. Database Management: SCG will maintain a comprehensive database of the District and Parcel information in a
form such that the annual levy submission to Riverside County will follow the guidelines as outlined in the County’s
fixed charge submission packet. SCG will maintain all data related to individual parcels including special tax and
assessment information, a regularly updated delinquency history (delinquent amounts for each parcel including
penalties and interest, reference to those referred to foreclosure action, and paid prior year delinquency information),
current property ownership information, assessed valuation information, and much more.
2. Levy Calculation and Levy Submission: SCG will, in consultation with the City, determine the Levy requirement
for the current Fiscal Year. The calculation of the levy requirement will consist of the following:
3. Submit Installment Amounts to the County: Each Fiscal Year SCG shall prepare the annual levy for the program
in a format and media acceptable for Riverside County Tax Collector prior to the requested deadline and shall perform
adjustments and corrections to the levies as necessary. If corrections/revisions after deadline are necessary, SCG
will research, recalculate and, with the City’s approval, rectify the issue.
4. Parcel Information: SCG will maintain current Assessor's Maps for the programs parcels and shall update annually,
prior to enrollment of the current year's levy, any information necessary for use in calculating the levy. We will work
to establish lines of communication and gain understanding of the specific goals, components and criteria to meet the
City’s needs.
5. Exceptions Research: SCG will research the exceptions list from the County; and update parcel number changes
in the database and calculate the benefit assessment area, as well as report the revised parcels and updated levy
amounts to City Staff. SCG will also prepare for City Staff any additional County-required correspondences relating
to the submittal, correction, or removal of special taxes to the County tax roll.
6. Applied Report: Once finalized, SCG will provide the City with a hard copy and an electronic copy of the Annual
Levy Report containing the information used to calculate the annual installment amount for each parcel as well as a
summary of the total annual levy for the program.
7. Responses to Property Owner Questions: SCG will serve as the initial and primary contact to the property owners,
title companies and other interested parties regarding the program proceedings and annual installments.
8. Toll Free Number: SCG will provide a toll free phone number for the City to refer property owners, title companies
and other interested parties to in regard to program proceedings and annual installments.
Formation and Annexation for Community Facilities Districts
ANNEXATION SERVICES FOR CFD 2015-1 (PUBLIC SERVICES):
1. Gathering Information: SCG will meet with the City’s Staff, legal counsel, team of consultants and project
proponents to confirm the annexation schedule of events, procedural and financial considerations, establish the
appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
2. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the
Riverside County Assessor’s Office for the parcels within the proposed Districts, and Geographic Information System
(GIS) shape files or the annexation.
3. Annexation Boundary Map: SCG will prepare the Annexation Boundary Map, illustrating the boundaries of
territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district.
The map shall meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally,
SCG will record the map with the Recorder’s Office.
4. Notice of Special Tax Lien: SCG will provide a list of Assessor’s Parcel for the Notice of Special Tax Lien and
record the notices.
ANNEXATION SERVICES FOR CFD 2015-2 (MAINTENANCE SERVICES):
1. Gathering Information: SCG will meet with the City’s Staff, legal counsel, team of consultants and project
proponents to confirm the annexation schedule of events, procedural and financial considerations, establish the
appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation.
2. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the
Riverside County Assessor’s Office for the parcels within the proposed Districts, and Geographic Information System
(GIS) shape files or the annexation.
3. Maintenance Data: SCG will coordinate with the City in determining what the necessary levels of services that
would be required for proper allocation per the Rate and Method of Apportionment for the annexation.
4. Maintenance Tax Rates: SCG will establish a Special Tax Rate for each annexation determining the necessary
revenues to cover operations and maintenance costs including administrative costs. Based on the structure of the
Special Tax formula, SCG will determine the appropriate methodology for allocating the costs to the various land use
classifications consistent with the previously approved methodology of the City’s landscape, lighting, street, parks,
and drainage maintenance programs.
5. Annexation Boundary Map: SCG will prepare the Annexation Boundary Map, illustrating the boundaries of
territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district.
The map shall meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally,
SCG will record the map with the Recorder’s Office.
6. Consulting Services: SCG will provide consulting services and advice to the City as necessary. This includes
due diligence to ensure accuracy in the process, and provide clear written documentation in our approach to
structuring the Rate and Method of Apportionment and the Special Tax roll. To assure and maintain quality assurance,
SCG has instituted an internal auditing and review policy that requires a minimum of two individuals with the
appropriate expertise to review and audit any information prior to dissemination of that information to the client.
7. Meetings: SCG will attend two (2) informal meetings or hearings held for the purpose of disseminating information
to the public, including attending property owner meetings requested for homeowner associations (HOA) that may
request to annex into the CFD. Prior to such meetings or hearings, SCG will be prepared to make a complete and
factual presentation. We will also attend two (2) public meetings, as required by the appropriate improvement act(s),
fully prepared to present necessary testimony and respond to public comments.
8. Landowner Election: SCG will prepare a list of the owner names and acreages and obtain a certificate from the
Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the annexation.
9. Notice of Special Tax Lien: SCG will provide a list of Assessor Parcels for the Notice of Special Tax Lien and
record the notices.
FORMATION SERVICES
1. Kickoff Meeting and Gathering Information: SCG will work to establish lines of communication and gain
understanding of the specific goals, components and criteria to meet the City’s needs. SCG will meet with the City’s
Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of events, procedural
and financial considerations, establish the appropriate land use classifications and discuss and identify the boundaries
of the proposed CFD.
2. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from the
Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information System
(GIS) shape files for creating the database and for mapping the proposed boundaries of the CFD.
3. Tax Spread: SCG will establish a Special Tax formula for the necessary revenues to cover facilities, operations
and maintenance costs including administrative costs. Based on the proposed structure of the Special Tax formula,
SCG will determine the appropriate methodology for allocating the costs to the various land use classifications and if
possible be consistent with the previously approved methodology of the City’s landscape, lighting, street, parks, and
drainage maintenance programs.
4. Rate and Method of Apportionment: SCG will prepare a proposed Rate and Method of Apportionment (RMA)
that takes into consideration the various land use classifications, maintenance categories, and provides the necessary
flexibility for a variety of developments to be included in the City. The RMA will take into consideration: clarity of
language in the definition of terms, ability of the property to be assigned to different tax classifications, and presence
of a mechanism to levy taxes in the event of a change in projects and usage.
5. Public Report Preparation: SCG will prepare the CFD Public Report, including a description of the facility costs
or maintenance services to be performed and projected annual special tax and present it to the City Council at the
Public Hearing.
6. Landowner Election: SCG will prepare a list of the owner names and acreages and obtain a certificate from the
Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the CFD.
7. Notice of Special Tax Lien: SCG will provide a list of Assessor Parcels for the Notice of Special Tax Lien and
records the notices.
8. Document Review and Preparation: SCG will review and prepare the required documents for the formation of
the CFD. SCG will also assist the formation team in preparing a procedure for performing future annexations to the
CFD.
9. Consulting Services: SCG will provide consulting services and advice to the City as necessary, including due
diligence to ensure accuracy in the process and clear written documentation in our approach when structuring the
Rate and Method of Apportionment and the Special Tax roll.
10. Boundary Map: SCG’s will prepare the Boundary Map illustrating the boundaries of territory proposed for
inclusion in the district capturing the entirety of any parcel subject to taxation by the proposed district. The map shall
meet the requirements of the Mello-Roos Act and the Riverside County Recorder’s Office. Additionally, SCG will
record the map with the County Recorder’s Office.
BOND ISSUANCE SERVICES
1. Kickoff Meeting and Gathering Information: The purpose of this task is to establish lines of communication
and gain understanding of the specific goals, components and criteria to meet the City’s needs. SCG will meet
with City Staff, legal counsel, team of consultants and project proponents to confirm the CFD’s schedule of
events, procedural and financial considerations, establish the appropriate land use classifications and discuss
and identify the boundaries of the proposed CFD.
2. Data Collection: SCG will obtain the latest assessor’s parcel maps and equalized tax roll information from
the Riverside County Assessor’s Office for the parcels within the proposed District, and Geographic Information
System (GIS) shape files for our in-house GIS platform.
3. Bond Documents Table Preparation and Review: SCG will prepare and provide final calculation to the
finance team for inclusion in the Preliminary Official Statement (POS) and Official Statement (OS) to include: i)
Maximum special tax coverage; ii) Value-to-lien computations; iii) Overlapping debt table; and iv) Effective tax
rate schedules. SCG will review the POS, OS and other legal documents as they relate to any items included
in the CFD Public Report, the boundary map and any tables SCG provides.
4. Vicinity Map: SCG will prepare a location and area map for inclusion in the POS and OS.
5. Special Tax Certificate: SCG will prepare and sign the Special Tax Consultant Certificate that certifies that
the maximum special tax rates are sufficient to meet debt service requirements and coverage ratios for bonds
to be issued.
Annual Administration
FY 2021-22
District Name Fee
CFD 90-2 Tuscany Hills $21,537.57
CFD 95-1 Civic Center $7,934.90
CFD 98-1 Summerhill $7,934.90
CFD 2003-1 Law, Fire, Paramedic $7,934.90
CFD 2003-2 IA A Canyon Hills Imp. A $10,202.01
CFD 2003-2 IA B Canyon Hills Imp. B $27,205.36
CFD 2003-2 IA C Canyon Hills Imp. C $20,404.02
CFD 2003-2 IA D Canyon Hills Imp. D $15,662.69
CFD 2003-2 IA E Canyon Hills Imp. E $7,727.79
CFD 2004-3 IA 1 Rosetta Canyon Imp. 1 $7,934.90
CFD 2004-3 IA 2 Rosetta Canyon Imp. 2 $7,934.90
CFD 2005-1 Serenity $7,934.90
CFD 2005-2 IA A Alberhill Ranch Imp. A $7,934.90
CFD 2005-2 (Services)Alberhill Ranch Services $5,667.78
CFD 2005-4 Lakeview Villas $2,833.89
CFD 2005-5 Wasson Canyon $5,667.78
CFD 2005-5 (Services)Wasson Canyon Services $5,667.78
CFD 2005-6 City Center Townhomes $5,667.78
CFD 2006-1 IA A Summerly Imp. A $13,602.68
CFD 2006-1 IA B Summerly Imp. B $7,934.90
CFD 2006-1 IA CC Summerly Imp. CC $7,934.90
CFD 2006-1 IA EE Summerly Imp. EE $7,727.79
CFD 2006-1 IA FF Summerly Imp. FF $7,727.79
CFD 2006-1 IA HH Summerly Imp. HH $7,934.90
CFD 2006-1 IA II Summerly Imp. II $7,934.90
CFD 2006-1 IA JJ Summerly Imp. JJ $7,727.79
CFD 2006-1 IA KK Summerly Imp. KK $7,934.90
CFD 2006-1 (Services)Summerly Services $5,667.78
CFD 2006-2 Viscaya $5,667.78
CFD 2006-2 (Services)Viscaya Services $5,667.78
CFD 2006-3 La Strada $5,667.78
CFD 2006-4 Clurman $2,833.89
CFD 2006-5 (Services)Parks, Open Space, SD $5,667.78
CFD 2006-6 Tessera $3,400.67
CFD 2006-8 Running Deer Estates $3,400.67
CFD 2007-1 Law, Fire, Paramedic $5,667.78
CFD 2007-4 Makenna Court $7,502.71
CFD 2007-4 Makenna Court Services $5,667.78
CFD 2007-5 Red Kite $7,502.71
CFD 2007-5 (Services)Red Kite Services $5,667.79
CFD 2007-6 Holiday Inn Express $0.00
CFD 2009-1 Parks, OS, St. Lt.$5,667.78
CFD 2015-1 Safety Services $6,801.34
Zone 1 $0.00
Zone 2 $2,193.98
Zone 3 $730.65
Zone 4 $905.27
Zone 5 $1,309.90
Zone 6 $518.26
Zone 7 $50.81
Zone 8 $1,142.98
Zone 13 $392.95
CFD 2015-2 Maintenance Services $7,244.80
CFD 2015-4 Terracina*$7,934.90
CFD 2015-5 Trieste*$7,727.79
CFD 2016-1 Southshore*$0.00
CFD 2016-2 Canyon Hills $7,502.71
CFD 2017-1 Safety Services $0.00
CFD 2018-1 Wasson Canyon $5,359.08
CFD 2019-1 Westlake $7,621.50
CFD 2019-2 Nichols Ranch $7,621.50
CFD Totals $393,713.56
Citywide LMD $21,537.57
LMD No. 1 $21,537.57
AD 93-1 Canyon Hills $21,537.57
CSA 152 NPDES $5,667.78
AD Totals $70,280.50
Grand Total $463,994.06