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HomeMy WebLinkAboutHDL Coren & Cone 2019-07-1500U No. 112-0—� AGREEMENT FOR PROPERTY TAX CONSULTING/AUDIT SERVICES This AGREEMENT (the "Agreement") is made and entered into as of the 1 5 day of J (� , 2019 by and between the CITY OF UKIAH, CITY OF WILLITS and CITY OF FORT B ' GG municipal corporations hereinafter collectively called CITIES, and HdL Coren & Cone, a California Corporation hereinafter called CONTRACTOR. The CITIES and HdL Coren may be referred to hereafter collectively as the "Parties" or individually as a "Party." RECITALS WHEREAS, property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records; and WHEREAS, CITIES seek to annex territory in the future WHEREAS, CITIES desire to receive analysis and guidance about revenue currently generated in areas outside of current boundaries WHEREAS, CITIES desire to receive analysis and guidance to identify taxing agencies affected by potential areas of annexation WHEREAS, CONTRACTOR is a state-wide expert in such data analysis with over 225 public agency clients for whom such services are performed and has the programs, equipment, data and personnel required to deliver the property tax services referenced herein; NOW, THEREFORE, CITIES and CONTRACTOR, for the consideration hereinafter described, mutually agree as follows: 1.0 DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning stated below: County: "County" shall mean the County in which the CITIES are located. Data Base: "Data Base" shall mean a computerized listing of property tax parcels and information compiled for CITIES from information provided by the County. Days: "Days" shall mean calendar days. Property Tax Roll: "Property Tax Roll" shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County. Proprietary Information: "Proprietary Information" shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONTRACTOR and used in the performance of the services hereunder. 01089/0001/61175.03 Successor Agency: "Successor Agency" means the CITIES' administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITIES). Scope of Services: "Scope of Services" shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder. TRA: "Tax Rate Area" shall mean the area subject to the tax rate. 2.0 SERVICES Services are described in the attached Scope of Services — Exhibit A. 3.0 ADDITIONAL SERVICES CITIES acting collectively as a whole, as well as each of the respective cities acting separately, shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken for one or more CITIES unless a written order is first given by the respective Contract Officer(s) of the CITY or CITIES requesting such extra work to the Contractor, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any adjustment in the time to perform exceeding one hundred eighty (180) days, and/or any adjustment increasing compensation in excess of Contract Officer(s)' authority as city manager must be approved by the City Council(s). OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES 3.1 City -Provided Materials and Support CITIES agree to provide the following information: 1. A copy of reports received by the CITIES annually from the Auditor - Controller's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis; 2. Maps or parcel listings of areas of proposed annexations. 3. Information related to property tax payment amounts received from Mendocino County and any accompanying dataas requested 3.2 Compliance with Law 01089/0001/61175.03 2 All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITIES and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 3.3 License, Permits, Fees and Assessments CONTRACTOR shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the services required by this Agreement. CITIES shall assist CONTRACTOR in obtaining such Permits, and CITIES shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITIES. 3.4 Further Responsibilities of Parties All parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. The Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, no Party shall be responsible for the service of the other. 4.0 CONSIDERATION 4.1 Cost for Services Fees for Optional Services as outlined in Services in Section 3.0 above (except Section 3.4) shall be billed at the following hourly rates: Partner $225 per hour Principal $195 per hour Associate $150 per hour Programmer $175 per hour Senior Analyst $100 per hour Analyst $ 65 per hour Administrative $ 45 per hour Hourly rates are exclusive of expenses and are subject to adjustment by CONTRACTOR annually. On July 1st of each year CONTRACTOR shall provide CITIES with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year. In addition, expenses for Optional Services shall be billed at 1.15 times actual incurred costs. The City of Ukiah will serve as the financial contact for this agreement and all bills will be sent to Ukiah for payment. 4.2 Indirect Expenses Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONTRACTOR in performing the services in the Scope of Services including for 3 01089/0001/61175.03 administrative overhead, salaries of CONTRACTOR'S employees, travel expenses or similar matters. 4.3 Due Date All fees are due 30 days immediately following billing. All amounts that are not paid when due shall accrue interest on the unpaid balance from the due date at the rate of one percent per month (12% per annum). 5.0 TERM PERFORMANCE SCHEDULE 5.1 Time of Essence Time is of the essence in the performance of this Agreement. 5.2 Schedule of Performance CONTRACTOR 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 "Schedule of Performance" attached hereto as Exhibit "A", and incorporated herein by this reference. When requested by the CONTRACTOR, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 5.3 Force Maieure The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITIES, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. 5.4 Term Unless earlier terminated in accordance with Section 11.6 of this Agreement, this Agreement shall continue in full force and effect for two (2) years. 6.0 COORDINATION OF WORK 4 01089/0001/61175.03 6.1 Representative of Contractor The following principal of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nichole Cone HdL COREN & CONE 120 S. State College Boulevard, Suite 200 Brea, California 92821 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal were a substantial inducement for CITIES to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principal may not be replaced nor may her responsibilities be substantially reduced by CONTRACTOR without the express written approval of CITIES. 6.2 Contract Officer The Contract Officer shall be such person as may be designated in writing by the City Managers of all three CITIES. It shall be the CONTRACTOR'S responsibility to assure that the Contract Officers are kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by CITIES to the Contract Officer. Unless otherwise specified herein, any approval of CITIES required hereunder shall mean the approval of the Contract Officers. The Contract Officers shall have authority to sign all documents on behalf of the CITIES required hereunder to carry out the terms of this Agreement. 6.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITIES to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITIES. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITIES. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than fifty percent (50%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of CITIES. 6.4 Independent Contractor Neither the CITIES nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, 5 01089/0001/61175.03 except as otherwise set forth herein. CITIES shall have no voice in the selection, discharge, supervision or control of CONTRACTOR'S employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of CITIES and shall remain at all times as to CITIES a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITIES. CITIES shall not in any way or for any purpose become or be deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venturer or a member of any joint enterprise with CONTRACTOR. 7.0 INSURANCE AND INDEMNIFICATION 7.1 Insurance The CONTRACTOR shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITIES, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence and $500,000 in the aggregate. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITIES against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the CONTRACTOR in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000 per person and $500,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250,000 in the aggregate or (ii) combined single limit liability of $500,000. Said policy shall include coverage for owned, non -owned, leased and hired cars. (d) Errors and Omissions (Professional Liability). A policy of professional liability issuance written on a claims made basis in an amount not less than One Million Dollars ($1,000,000). (e) General Requirements. All of the above policies of insurance shall be primary insurance and shall name the CITIES, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the CITIES, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the CITIES. In the event any of said 6 01089/0001/61175.03 policies of insurance are cancelled, the CONTRACTOR shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.0 to the Contract Officer. No work or services under this Agreement shall commence until the CONTRACTOR has provided the CITIES with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the CITIES. 7.2 Indemnification CONTRACTOR agrees to indemnify the CITIES, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of CONTRACTOR hereunder, or arising from CONTRACTOR'S negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the CITIES, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the CITIES, its officers, agents or employees, who are directly responsible to the CITIES. 7.3 Sufficiency of Insurer or Surety Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the CITIES due to unique circumstances. In the event the Risk Manager of CITIES ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the CITIES, the CONTRACTOR agrees that the minimum limits of the insurance policies and the performance bond required by this Section 9.0 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the CONTRACTOR shall have the right to appeal a determination of increased coverage by the Risk Manager to the CITIES Council of CITIES within 10 days of receipt of notice from the Risk Manager. 8.0 RECORDS AND REPORTS 8.1 Reports CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract 7 01089/0001/61175.03 Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITIES, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITIES shall have access to such records in the event any audit is required. 8.3 Non -Disclosure of Proprietary Information In performing its duties under this Agreement, CONTRACTOR will produce reports, technical information and other compilations of data to CITIES. These reports, technical information and compilations of data are derived by CONTRACTOR using methodologies, formulae, programs, techniques and other processes designed and developed by CONTRACTOR at a substantial expense. CONTRACTOR'S reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by CONTRACTOR shall be referred to as Proprietary Information. CONTRACTOR'S Proprietary Information is not generally known by the entities with which CONTRACTOR competes. CONTRACTOR desires to protect its Proprietary Information. Accordingly, CITIES agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONTRACTOR'S Proprietary Information for any purpose not associated with CONTRACTOR'S activities. Further, CITIES agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONTRACTOR'S Proprietary Information to any person or organization not connected with CONTRACTOR, without the express written consent of CONTRACTOR. The CITIES also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake all necessary and appropriate steps to maintain the proprietary nature of CONTRACTOR'S Proprietary Information. Any use of the Proprietary Information or any other reports, records, documents or other materials prepared by CONTRACTOR hereunder for other projects and/or use of uncompleted documents without specific written authorization by the CONTRACTOR will be at the CITIES's sole risk and without liability to CONTRACTOR, and the CITIES shall indemnify the CONTRACTOR for all damages resulting therefrom. 8.4 Release of Documents Pursuant to Public Records Act Notwithstanding any other provision in this Agreement, all obligations relating to disclosure of Proprietary Information remain subject to the Freedom of Information Act or California Public Records Act, Cal. Gov't Code §§ 6250 et seq. (collectively, the "PRA"). The Parties intend that if any or all CITIES are served with a request for disclosure under the PRA, or any similar statute, the CITIES in good faith will make the determination as to whether the material is discloseable or exempt under the statute, and shall resist the disclosure of Proprietary Information which is exempt from disclosure to the extent allowable under the law. CITIES shall advise CONTRACTOR in writing five (5) days prior to the intended disclosure of any decision to disclose Proprietary Information, and the reasons therefore, and if CONTRACTOR then timely 8 01089/0001/61175.03 advises CITIES in writing that it objects to the disclosure, CITIES shall not disclose the information. In such case, CONTRACTOR shall then be solely liable for defending the non- disclosure and shall indemnify and hold CITIES harmless for such nondisclosure. 9.0 ENFORCEMENT OF AGREEMENT 9.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Sonoma, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit CITIES 's or the CONTRACTOR'S right to terminate this Agreement without cause pursuant to Section 11.6. This Agreement does not waive or limit the application of Title 1, Divisions 3.6 and 4, of the Government Code, commencing with Section 810 to claims for damages against the CITIES. 9.3 Waiver No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9 01089/0001/61175.03 9.5 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 9.6 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement. The Parties reserve the right to terminate this Agreement at any time, with or without cause, upon forty-five (45) days' written notice to the non -terminating party, except that where termination is for cause, the Parties will comply with the dispute resolution process in Section 9.2. Upon issuance of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer subject to off -set as otherwise provided by law or equity. The CONTRACTOR shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 9.2. 10.0 CITIES OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non -liability of CITIES Officers and Employees No officer or employee of the CITIES shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by the CITIES or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest No officer or employee of the CITIES shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 10.3 Covenant Against Discrimination CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 10 01089/0001/61175.03 11.0 MISCELLANEOUS PROVISIONS 11.1 Notice Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail addressed as follows: CITIES City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 City of Willits 111 E . Commercial Street Willits, CA 95490 City of Fort Bragg 416 North Franklin Street Fort Bragg, CA 95737 CONTRACTOR: HdL COREN & CONE 120 S State College Boulevard, Suite 200 Brea, California 92821 Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section. 11.2 Fiscal and Contract Management The City of Ukiah shall serve as the fiscal agent and the point of contact for invoices. Representatives from Ukiah will make routine decisions and provide contract management. 11.3 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 11.4 Integration; Amendment 01089/0001/61175.03 11 It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.5 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 11.6 Corporate Authority The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 12 01089/0001/61175.03 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: HdL COREN & CONE CITY OF UKIAH CITY OF WILLITS A California Corporation City Manager 7416//64: eo-14-4--t.--- APPROVED AS TO FORM: CITY OF FORT BRAGG City Manager IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above, CONTRACTOR: HdL COREN & CONE CITY OF UKIAH CITY OF WILLITS A California Corporation City Manager APPROVED AS TO FORM: • CITY OF FORT BRAGG r -/(e_ City Manager EXHIBIT "A" SCOPE OF SERVICES Develop dataset for each of the CITIES and any agencies within those CITIES and reconcile to County Auditor's assessed value reports. Attempt to obtain a file that lists the distribution of the ad valorem tax by tax rate area from the Mendocino County Auditor. If that file cannot be obtained, work with legal staff to write a letter to compel Mendocino County to comply with the Revenue and Taxation Code Section that requires maintaining the requested file. If a suitable file is obtained, CONTRACTOR will perform the following services: • Perform any necessary calculations to make the file usable • Enter ratios into CONTRACTOR'S system • Calculate revenue and cross check against revenue received by CITIES in recent fiscal years to assess the accuracy and completeness of the file. 14 01089/0001/61175.03