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HomeMy WebLinkAboutGoodwin Consulting Group - 2012 AgreementAGREEMENT FOR SERVICES This AGREEMENT made this '11 4L i day of f .between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Goodwin Consulting Grggp, Inc., having a principal place of business at 555 University Avenue, Suite 280, Sacramento CA 95825. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 3 - Z1-ZoWand will continue in effect for current and future fiscal years until terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONSULTANT STATUS It is the express intention of the parties that CONSULTANT is an independent Consultant and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), and within the Budget shown in Exhibit "C" ( "Budget and Fee Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. -1- C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "C" ( "Budget and Fee Schedule "). B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "C ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 1VPAPP1764446.2 -2- 100108- 04706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend (1) Professional Liability To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, to the extent caused by any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. (2) Other Liability To the fullest extent permitted by law, CONSULTANT shall defend through counsel approved by CITY indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, to the extent arising caused by any negligent or malicious act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of 1VPAPP1764446.2 -3- 100108-04706083 use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. MAPP1764446.2 -4- 100108- 04706083 ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONSULTANT's Business/ Death of CONSULTANT. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of CONSULTANT Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. WPAPP1764446.2 -5- 100108-04706083 D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new CONSULTANT hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subConsultants performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subConsultants, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed 1VPAPP1764446.2 -6- 100108- 04706083 in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every Consultant or subConsultant under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subConsultant. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. NPAPP1764446.2 -%- 100108- 04706083 J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: Goodwin Consulting Group, Inc. By: Name: Susan Goodwin Title: President Social Security or Taxpayer Identification Number 94- 3393430 Approved as to Form Z' Kz --' Linda Callon, City Attorney 1VPAPP1764446.2 -8- 100108- 04706083 CITY: GILROY 4�7 By: Name: fhomas J. Ha and Title: City Administrator EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Susan Goodwin, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Teresa Mack shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. Direct expenses are charges and fees not included in Exhibit "C ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. 1VPAPP1764446.2 -1- 100108- 04706083 Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. IV. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or WPAPP1764446.2 -2- 100108- 04706083 other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. H. NOTICES. Notices are to be sent as follows: CITY: Teresa Mack City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 WPAPP1764446.2 -3- 100108- 04706083 CONSULTANT: Susan Goodwin Goodwin Consulting Group, Inc. 555 University Avenue, Suite 280 Sacramento, CA 95825 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. WPAPP1764446.2 -4- 100108- 04706083 1*141111.108 ? CITY OF GILROY COMMUNITY FACILITIES DISTRICT NOS. 2011 -1 AND 2012 -1 CFD ADMINISTRATION SERVICES SCOPE OF SERVICES Goodwin Consulting Group, Inc. (GCG) will provide services related to the annual administration of the City of Gilroy Community Facilities District Nos.2011 -1 (Deer Park Landscape Maintenance) and 2012 -1 (Landscape Maintenance). Specifically, GCG will provide the following tasks pursuant to this Scope of Work: Task 1. Background Research and Data Collection Each fiscal year, GCG will confirm the Assessor's parcel numbers for lots within the CFDs and determine for which lots a final building permit inspection, or other such trigger as set forth in the RMA for each CFD, has been conducted. Based on this determination, GCG will categorize each parcel as Developed Property or Undeveloped Property, as defined in the RMAs. Task 2. Annual Special Tax Levy Calculation GCG will calculate the special tax levy for each taxable parcel in the CFDs by applying the RMAs. In coordination with the City, GCG will identify the maintenance costs for the current fiscal year and all CFD expenses including County collection costs. Surplus special taxes from prior years will be applied to reduce the current year's special tax levy unless such surplus revenues are needed as a reserve for future maintenance costs. Task 3. Summary ofAnnual Special Tax Levy GCG will annually prepare a summary of the special tax levy which contains the results of our parcel research and identification of costs to be paid by each CFD in the current fiscal year. The appendix to this summary will identify the special tax levy for each Assessor's parcel for the fiscal year. Task 4. Annual Special Tax Enrollment GCG will compile a list of parcels in each CFD that will be subject to the special tax levy and format it in compliance with the specific formatting instructions of the Santa Clara County Controller- Treasurer's office. The formatted tax levies will be submitted on or before August 10 (or other specified date) for inclusion on the consolidated property tax bills. City of Gilroy CFD Administration A -1 Scope of Services Task S. Delinquent Special Tax Reporting GCG will monitor the County's tax collection summaries and report on delinquent parcels and corresponding delinquent CFD taxes. If requested by the City, GCG will prepare and mail demand letters to property owners with delinquent special taxes. Task 6. Answer Inquiries from Various Parties GCG will respond to property owners, realtors, title companies, appraisers and other parties' questions regarding the special tax and other CFD - related issues. A GCG staff member will be listed as the contact for calls that are received by the County Tax Collector's Office, and most calls will be responded to on the day received. City of Gilroy CFD Administration A -2 Scope of Services FW431-FI—: o CITY OF GILROY COMMUNITY FACILITIES DISTRICT NOS. 2011 -1 AND 2012 -1 CFD ADMINISTRATION SERVICES BUDGET AND FEE SCHEDULE Services For CFD No. 2011 -1, GCG proposes a maximum budget of $1,500 per fiscal year, which amount will be adjusted by an amount not to exceed five percent (5 %) per year after the first two fiscal years in which special taxes are levied. For CFD No. 2012 -1, GCG will bill $10 per parcel for each parcel on which a special tax is levied, which amount may be adjusted for inflation each fiscal year. Services for CFD No. 2011 -1 will be billed based on the following hourly service rates: Managing Principal $240/Hour Principal 225/Hour Senior Associate 180/Hour Associate 155/Hour Analyst 140 /Hour Research Assistant 80/Hour Note: These hourly rates are effective through December 31, 2012 and may be adjusted thereafter. Expenses In addition to fees for service, GCG will be reimbursed for mileage, express mail, and other out -of- pocket expenses, not to exceed a maximum of $500 per fiscal year. 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Tom OR COHmmON OP ANY CONTRACT OR OTHER DOCIiMENf Wml RESPECT TO WHICH THG CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THE INSURAMC8 AFKWAXID BY THE POUCU DESCRISID HUM W VAUECT TO ALL THE TERMS, E7CU MONS AND OONOr M OF SUCH POUCIEB. UMns WV MN MAY HAVE SEEN REDUCED BY PAID CLAMS, 11un Tmo►elele{AMOt Community Development Department OBF- 9108659 -00 o;uotnott ONIM12 Ott A °MUMUM eWXtG1L0E1rEM11.lAetrTlt QA= 4A= ®oncun MNtA0011i TEIYRAMLAeFetk X Foucv Y N 000 000.00 AW1MAW ,000.00 15.000.00 000 000 0 AOOO.00Q.00 WMAGW&O-M tom. AN 000,oaooa i B AW000MUAILM Ix AWAUTO 1QReoAttlOe X � Eo Y N BA- 4277X735.11 -SEA 0210U2011 OW112012 1000 000.00 tloosrerarnr�o.tmi i 800LYOUMIMrW i i A �uAe °�"" N MIA N Y OBF- 9108859-00 4030616609 051OU2011 OSIIMI =1=12 05101=12 W04 x1,0000,000.00 _ X I mmmoms 5000.00 AootleeATtl 1000 000.00 C ;V1W MINMOMN ,M e70CLIAlA�� Au�ier 0, 000.00 LLAACH IR L408FAi! •eA0et;4" +i 000 000.00 Le1R 1,000.000.00 D Professional Uab. N N WAG94980 o5wtrsott 06101=12 Claims.Made $1,000.000.00 0111CRIPT10M a<0tlaAT=4 i LOCAr401"POCLO ~A Iet. AAerygq tlrmsldtd■dul., a teas a/eq�h �A The Insurer shelf Ohre additional insured thirty (30) days advance written notice by the insurer prior to cancellation of yhe Cninonpayment�o� mium,10 days notice of cancellation applies. All California Additional insured: (See CG20 equivalent attached) Job Location: ALL CE MPdATl1 we"WO v IOWM"v PA061 U WNPONA7HM. /Nr rIQW$ r098rvad. ACORD 25 (20iQA3Sl The ACORD come and logo are rsgietered merles of ACORD Pentad by 118 an Navensber 30.2oil el otA1PM 11un cdp d Giroy rT S OFFICERSAEPRESENTATIVH8, AGENTS. AND EMPLOWEs Community Development Department SHOULA ANY OP THE ABOVE Osstpl W MUM BE CAM COAM BEFORE THE EXMAMK DATE THiEREOF, No= WILL BE onnu EC W 7351 Rosanna Street ACCOMMICKWITHTHEPOLICYPROVNOW Gbroy, CA 95020 ALRMOARia ee1•ItiiORAt1YR / v IOWM"v PA061 U WNPONA7HM. /Nr rIQW$ r098rvad. ACORD 25 (20iQA3Sl The ACORD come and logo are rsgietered merles of ACORD Pentad by 118 an Navensber 30.2oil el otA1PM POLICY HUNSER OBP 9108859 -00 a„ r � iancc— i`.p�j:. THIS ENDORSEMENT C14AMORG THE POUCY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED BY CONTRACT, AGREEMENT 'OR PERMIT - CONTRACTORS Thls wWorswant ntodffin insurame provhted under ft fallowing: MOW-=VW4FR8 COVERAGE FORM (1) Owners of otter ieteraals from I. Additional insurod by Conbut, whom rand has been reared Agreement a Pamdt which Was place athr the Under Sambre 0 -- Uability C Who Is An lam for that land awkiw or Insured. Puagroph & {s added as btlows: (2) Managers or Wmm of 8. Any pavan or otpeni:sdbn with wham YOU agr�asd. bacaue of a warm (a) The ocmmwm takes —m --hoc wrhian agnasntsm or pa+a+g to aw you csaRe to hi provide msuanc� is an X d, but tenant In that prarrdaes; or respect to: (b) 'bodily in�rry a. to a. 'Your wort' for the sdditional -"'or W and iraufad(s) at the location desipnatad In the coaMtd. agreemard or permit. i mble ad of stntdtual sdersvm. new of b. FadEias owned or used by you. consinminnpaoAro demoSlon on behsii of iM tea or TMs kwAmce appves on a primary Iota. basis 9 M d to ngWmd by the wr�tert oonireet. wrpten agramerU or pennh. This provitbn does not apply: a Unteas the wof ten oonWd or wdtbn agmmwd has been executed at permit hes been haued pdw to Im U* lajtuy" . •property damage' or 'psrmm and emalsiv injury'; b. To any person or antradon Included so an ineund by an andasa ent tesued by us and made part of this Potkyr. c. To any isemar of equipment: (1)Afiw the equipment tease ewrae: or (2)N the 'bodes I d Injury' adsm out of the eats rtW p nce of the lessor. or d. To any: �r�►, C Indudas captnigWed meteet d of kwXlnoe 9wvtm ONos. Inc. t007.y0Dt 351.1107 (7J0� Pap I of i