HomeMy WebLinkAboutReso 140-24 Item 5.4 Approving an Amendment to the Agreement with Francisco & Associates, Inc. for A
Reso. No. 140-24, Item 5.4, Adopted 12/03/2024 Page 1 of 1
RESOLUTION NO. 140 – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH FRANCISCO & ASSOCIATES,
INC. FOR ACQUISITION AUDIT SERVICES AND ADMINISTRATION SERVICES
WHEREAS, On May 4, 2021, the City Council adopted Resolution No. 41-21 approving an
agreement with Francisco & Associates, Inc. for Acquisition Audit and Administration Services;
and
WHEREAS, the City and Francisco & Associates, Inc. mutually desire to amend the
agreement to extend the term to December 31, 2026, set a not-to-exceed amount of $400,000,
update the Scope of Services, and update consultant fees and hourly rates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment to the agreement with Francisco & Associates, Inc., attached
hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of December 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
FRANCISCO & ASSOCIATES, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Francisco & Associates, Inc. (hereinafter referred to as " CONSULTANT ")
entered into a Consulting Services Agreement for Acquisition Audit Services and
Administration Services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on December 31, 2024; and
WHEREAS, after July 1, 2021, the CITY formed two new Community Facilities
Districts, Community Facilities District No. 2023-1 East Ranch (CFD No. 2023-1) and
Community Facilities District No. 2024-1 Dublin Centre (CFD No. 2024-1), in accordance with
the Mello-Roos Community Facilities Act of 1982; and
WHEREAS, CFD No. 2023-1 and CFD No. 2024-1 will require acquisition audit
services; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term through December 31, 2026 by modifying Section 1.1 of the
Agreement, and to increase the not to exceed compensation amount to $400,000 by
modifying Section 2 of the Agreement; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to amend Exhibit A - Scope of Services and Exhibit B - Compensation
Schedule & Reimbursable Expenses, of the AGREEMENT to include CFD No. 2023-1 and
CFD No. 2024-1 acquisition audit services.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) The end of the term, set for in section 1.1 of the AGREEMENT shall be extended until
December 31, 2026.
2) The compensation amount, set forth in section 2 of the AGREEMENT shall be
increased to a sum not to exceed $400,000.
3) Exhibit A shall be rescinded in its entirety and replaced with the attached revised
exhibit.
4) Exhibit B shall be rescinded in its entirety and replaced with the attached revised
exhibit.
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5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the CONSULTANT pursuant to the
AGREEMENT, as may have been amended from time to time, shall include coverage
for the amended term, as described above.
7) The individuals executing this Amendment, and the instruments referenced in it on
behalf of CONSULTANT each represent and warrant that they have the legal power,
right and actual authority to bind CONSULTANT to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN FRANCISCO & ASSOCIATES, INC.
By: _____________________________ By: _____________________________
Colleen Tribby, City Manager Ed Espinoza, Principal
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
INTRODUCTION
Consultant shall provide professional services for a number of governmental service districts,
specifically acquisition and audit services for Community Facilities Districts, and
administrative services for Landscaping and Lighting Maintenance Districts, Emergency
Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts.
Acquisition and Audit Services for Community Facilities Districts (CFD 2015-1, 2023-1,
and 2024-1)
City of Dublin Community Facilities Districts No. 2015-1 (Dublin Crossing), No. 2023-1 (East
Ranch), and No. 2024-1 (Dublin Centre) were formed in accordance with the Mello-Roos
Community Facilities Act of 1982 (Act). CFD 2015-1 was formed for the acquisition of public
improvements, which include capital public improvements, public fees, and private utility
facilities authorized by the Act. CFD 2023-1 and CFD 2024-1 were formed to finance certain
public services and the acquisition or construction of certain public facilities in their respective
districts. Consultant shall review existing agreements and formation documents, create an
acquisition audit review process, review improvement plans, bid documents, schedule of
values, and review acquisition reimbursement applications.
•Project Research and Process Establishment. Consultant shall review existing
agreements between the City of Dublin and the Developers pertaining to CFD 2015-1,
2023-1, and 2024-1. Consultant shall also establish a procedure and process, in
coordination with the Developers, for the submission, review, and approval of
reimbursement of authorized improvements and fees. Consultant shall provide feedback
and suggestions to both the City and Developers on methods to streamline the review
and reimbursement process.
•Review of Developer Reimbursement Requests. Consultant shall review each
reimbursement request submitted by the Developers pursuant to the Acquisition
Agreement. When needed, Consultant shall request, in writing, additional documentation
from the developer to substantiate acquisition eligibility when required. Upon completion
of review, Consultants shall prepare and submit a written report that documents and
provides the following:
• A summary of costs to be reimbursed for each facility and/or discrete component
• An executive summary and audit summary
• Improvement location map
• A summary listing of hard and soft costs
• A contract summary outlining the original price, change orders (if any), final contract
price, and the eligible, disallowed and ineligible portions for reimbursement including
an analysis based on the lessor of cost or value
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• A summary of invoices, proof of payment, and lien releases provided by the
developer
• A recommendation from Consultant of the cost that is eligible and appropriate for
reimbursement
• Consultant will be asked to review both electronic as well as hard copy
reimbursement requests
• Consultant will need to be able to review and respond to reimbursement requests
within ten business days.
• Documentation. All final reports and associated documents shall be filed with the
City. Consultant shall provide a tracking report of each reimbursement processed
and a tracking report for cumulative reimbursements to-date. Consultant shall
maintain all records for up to three years after the conclusion of work performed and
make this available to the City, upon request. All work products will become property
of the City and provided in the format requested.
Administrative Services for Landscaping and Lighting Maintenance Districts (LLMDs)
Consultant shall administer five Landscaping and Lighting Maintenance Districts formed
pursuant to the Landscape and Lighting Act of 1972. The selected firm will collect data, review
budgets, prepare annual Engineer’s Report, submit annual levy to the County tax collector,
and prepare manual bills (hand bills) for assessments levied on properties that do not receive
a property tax bill.
Annual tasks will include:
1. Preparing and completing an annual Engineer’s Report for each District.
2. Completing an updated yearly assessment roll and submitting this to the County tax
collector for billing purposes
3. Identifying and hand billing all parcels which are not billed by County tax collector (this
may include back billing if any such parcels are identified)
4. Keeping the City apprised of any changes to legal requirements for district operations
5. Working with City staff on revenue analysis for forecasting and budget purposes (as
needed)
6. Working with City staff to identify future Capital Improvement needs within districts
Districts
1. Citywide Street Lighting Maintenance Assessment District 1983-1
2. Landscaping and Lighting Maintenance Assessment District 1983-2 (Stagecoach
Road)
3. Landscaping and Lighting Maintenance Assessment District 1986-1 (Dougherty Road)
4. Landscaping and Lighting Maintenance Assessment District 1997-1 (Santa Rita Area)
5. Dublin Ranch Street Lighting Maintenance Assessment District 1999-1
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Administrative Services for Emergency Medical Services Tax (EMS Tax)
Consultant shall manage the administration of this tax collection, to include reporting all levy
assessment changes to county tax collector offices.
Annual tasks will include:
1. Completing an annual report, to include a review of the tax roll and identification of all
parcels in need of manual billing. This report should include a list of all parcels that are
paying the EMS tax in both Excel and PDF format.
2. Completing an updated yearly assessment roll and submitting this to the County tax
collector for billing purposes.
3. Identifying and handbilling all parcels which are not billed by County tax collector (this may
include back billing if any such parcels are identified). (Issuing of invoices is an optional
task)
4. Keeping the City apprised of any changes to legal requirements for district operations.
5. Working with City staff on revenue analysis for forecasting and budget purposes (as
needed).
Administrative Services for Residential Garbage & Recycling Services Fee (RGR)
The City contracts with a private company to provide garbage and recycling collection, which
is billed on the County Property Tax Roll with an annual flat rate. Consultant shall manage
the administration of this tax collection, to include reporting all levy assessment changes to
county tax collector offices.
Annual tasks will include:
1. Completing an annual report, to include a review of the tax roll and identification of all
parcels in need of manual billing. This report should include a list of all parcels that are
paying the refuse charge in both Excel and PDF format.
2. Completing an updated yearly assessment roll and submitting this to the County tax
collector for billing purposes.
3. Keeping the City apprised of any changes to legal requirements for district operations.
4. Working with City staff on revenue analysis for forecasting and budget purposes (as
needed).
Administrative Services – Additional Analysis and As-needed Services
Consultant shall provide additional services, as needed, to assist the City with additional
analysis, budget, or consultation related to the following:
•Community Facilities District No. 2015-1, 2023-1, and 2024-1
•Landscaping and Lighting District Nos. 1983-2, 1986-1, and 1997-1
•Street Lighting Maintenance Assessment District Nos. 1983-1, and 1999-1
•Emergency Medical Service Tax Collection Services
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•Residential Garbage and Recycling Fee Collection Services
•PG&E Account Consolidation and Auditing
•Mapping of improvements to identify if maintenance responsibility belongs to City,
HOA, or property owners.
Engineers’ Reports and budgets shall be adjusted, as applicable, to account for these
additional as-needed services.
ADMINISTRATION OF FEES COLLECTED ON PROPERTY TAX BILL
For all assessment districts which will require submission to the Alameda County tax
assessor, the following tasks will be required:
1.Identify Any Changes from Prior Year: Consultant will need to obtain the new tax
roll from the Alameda County Assessor, or other sources. As part of the budget
planning process, selected firm will need to determine changes that occur from one
year to the next in terms of increases or decreases in number or size of parcels and
adjust figures accordingly. Consultant shall notify City of year-to-year changes.
2.Review of City Staff Prepared Budget Expenditure Estimates: Assist by providing
professional review of the components included in the preliminary budget expenditure
estimates prepared by City Staff. Provide input on any discrepancies based upon
typical components of a property related fee program. Be sure to include an annual
review of all new properties coming online from new development.
3.Assist City Staff in Preparing Budget Revenue Estimates: Based on data collected
in earlier steps, provide City Staff with an automated summary table to calculate
scenarios comparing expenditures to projected revenue. Please describe the format
used to provide revenue projections and all escalators, such as including CPI and utility
increases, as well as all methodology and assumptions used. City Staff and selected
consultant will work together to ensure that all projected budgets for districts match the
City’s expenditure budget and revenue estimates for the City’s two-year budget cycle.
Additionally, revenue forecast methodology should allow for the City to supplement the
fee revenue with other sources and/ or to recognize the application of prior year fund
balance in calculating the maximum allowable assessment, desired reserve balance,
and actual assessment. Consultant shall become familiar with City fee philosophy and
assessment district history; and other issues related to the continued successful
operation of the assessment district.
4.Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the
project to jointly establish preliminary dates for any scheduled public meeting and/or
required public hearing. Consultant and City Staff shall verify that the schedule will
meet required steps necessary to complete the process within the timelines required
by law. Consultant shall have available preliminary assessment roll information as of
the date of Public Hearings. In addition, Consultant will work within a specified
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timeframe to allow for completion of budget projections prior to City’s internal budget
deadlines.
5.Attendance at Public Meetings: Consultant shall be prepared to attend two City
Council meetings to answer questions related to Districts. This is an optional task for
Community Facilities Districts as well as the five Landscaping and Lighting
Maintenance Districts (LLMD generally all held together at the same City Council
Meeting). (OPTIONAL TASK)
6.Preparation of Engineer’s Annual Levy Report: Prepare five Engineer’s Annual
Levy Reports in accordance with legal requirements for Landscaping and Lighting
Assessment Districts. Report shall include justification of levies, method of
apportionment, district budget, and specific levies for parcels.
7.Notice & Ballots: If determined to be required by City Staff, assist with the data
necessary to allow the City to distribute legal notices and ballots to be mailed due to
increased assessments in accordance with legal requirements. (OPTIONAL TASK)
8.Tax Roll Levy Submittal: The selected firm shall submit the final levy for each fee /
assessment to the County in the required format and by the date required, prior to the
date specified by the County for each assessment district or fee specified.
Assessments rejected by the County will be researched and resubmitted for collection
on the County Tax Roll. Identified corrections shall also be submitted on an as needed
basis in consultation with City Staff.
9.Handbilling: Selected firm will need to identify and prepare a handbilling report in
order to identify parcels subject to assessment (this applies to parcels exempt from
property taxes, to include City owned land, County owned land, and tenants of City or
County owned land). Selected firm will need to complete an assessment of such
parcels, provide to City and work to determine eligibility and/or exemptions from this
assessment. Selected firm will complete an annual report to Finance for tracking
purposes. (OPTIONAL TASK)
10.Provide Customer Service for Taxpayer Inquiries: Act as the primary point of
contact for any questions regarding Assessment Districts, fees, and tax bills.
Consultant firm shall have their phone number listed on the property tax bill for each
district, tax, and fee.
11.Final Written Reports: Firm selected shall also provide the City with a summary report
of the total units assessed by the levy designation and County.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The following is a listing of fees by project/tasks. These fees do not include tasks
associated with conducting Proposition 218 balloting proceedings should the City
decide to increase assessments. If the City decides to increase assessments, a
supplemental proposal will be prepared to cover the mailing and balloting services.
Acquisition Audit for CFD Nos. 2015-1, 2023-1, 2024-1 T&M (Hourly Rates Below)
Landscape and Lighting Maintenance Districts
Street Lighting Maintenance Districts No.1983-1 $6,325 (Lump Sum)
Landscaping and Lighting Districts No. 1983-2 $3,250 (Lump Sum)
Landscaping and Lighting Districts No. 1986-1 $3,250 (Lump Sum)
Landscaping and Lighting Districts No. 1997-1 $3,250 (Lump Sum)
Street Lighting Maintenance Districts No. 1999-1 $4,350 (Lump Sum)
Emergency Medical Services Tax (EMS Tax) $3,025 (Lump Sum)
Residential Garbage & Recycling Service Fee (RGR) $4,950 (Lump Sum)
Additional Analysis and As-needed Services T & M (Hourly Rates Below)
Francisco & Associates Current Billing Rate for Francisco & Associates, Inc.
Principal Engineer/Project Manager $205.00/hour
Associate Engineer $165.00/hour
Senior Project Analyst $150.00/hour
Project Analyst $130.00/hour
Clerical $80.00/hour
Optional Tasks:
Proposition 218 Notices and Ballots T & M (Hourly Rates Above)
Reimbursables would be billed at cost plus 15%. Reimbursable costs include County
Assessor data and maps, mileage, etc. Estimated not to exceed $1,000. Mileage
would be billed at current IRS standard mileage rates.
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