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Special District Financing & Administration LLC; 2026-03-11;
Page 1 City Attorney Approved Version 9/3/2025 AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 1 CONSULTING AND ADMINISTRATION SERVICES SPECIAL DISTRICT FINANCING & ADMINISTRATION LLC THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and Special District Financing & Administration LLC, a California limited liability company, (“Contractor") (collectively, the “Parties”) for consulting and administration services for Community Facilities District No. 1 (“CFD No. 1”). RECITALS A. City requires the professional services of a contractor experienced in providing consulting and administration services for community facilities districts. B. Contractor has the necessary experience in providing consulting and administration services for community facilities districts. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference, in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional term of up to two (2) years. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed sixty five thousand dollars ($65,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed sixty five thousand dollars ($65,000) per Agreement year. Page 2 City Attorney Approved Version 9/3/2025 Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully Page 3 City Attorney Approved Version 9/3/2025 incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. JS Page 4 City Attorney Approved Version 9/3/2025 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Page 5 City Attorney Approved Version 9/3/2025 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Zach Korach Name Steven Gald Title Finance Director Title Executive Vice President Dept Finance Department Address 27201 Puerta Real, Suite 260 CITY OF CARLSBAD Mission Viejo CA 92691 Address 1635 Faraday Avenue Phone 949-282-1077 Carlsbad CA 92008 Email sgald@sdfa.com Phone 442-339-2127 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ܈ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. 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. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) City Attorney Approved Version 10/23/2025 Page 6 Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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 making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version 10/23/2025 Page 7 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. City Attorney Approved Version 10/23/2025 Page 8 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 2026. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Special District Financing & Administration LLC, a California limited liability company By: By: (sign here) ' K&&WdEK ͕ŝƚLJ Manager Steven Gald, Executive Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Cejay Helmer, Secretary Deputy / Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney wff P~l, ------ City Attorney Approved Version 10/23/2025 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE The following overviews the proposed Scope of Services for the administration of the City of Carlsbad CFD No. 1 and summarizes the steps required to perform such services. This Scope of Services also provides for the assignment of other special research/consulting project services by Agreement amendment on an hourly basis. TASK 1: ESTIMATE FUTURE GROWTH FOR CASH FORECASTING PURPOSES x Obtain sample parcel data on Local Facility Management Zones (“LFMZs”) and building permit issuance data from Geographic Information System Department (GIS Department). x Update sample LFMZ data on vacant or under-developed parcels by adding status of development, projected development by type (residential, commercial, industrial), and the calculation of projected equivalent dwelling units (EDUs) in accordance with the requirements of the GIS Department. x Update CFD No. 1 database with new Assessor parcel numbers, transferring and checking General Plan land use and net assessable acreage data, adding permit data by Assessor parcel. This requires interaction with the Planning and Building Departments. x Provide sample data to the GIS Department for review and preparation of a draft visual. x Obtain comments from the GIS Department on discrepancies. x Provide historical growth projection to Planning Department and schedule appointments with assigned planners and the Building Department staff. x Provide data to the GIS Department as LFMZs are completed for preparation of draft visuals. x Meet with Planning Department staff member tracking dwelling unit bank. Update unit bank figures shown in growth projections. x Revisit with City planners as needed. x Meet with Finance Director and/or City Engineer as needed to review data. Contractor foresees the need to discuss redevelopment prior to the completion of the project. x Prepare draft report for staff review which includes: detailed data, summary data (growth projection table) and draft visual sample as prepared by the GIS Department. x Revise draft as required. x Attend meeting for review of growth projections. x Update growth projections and detailed data as required. x Provide final data to GIS Department for completion of visual products. x Provide Finance Department with final report to include growth projections by LFMZ and in summary for use in the City’s CIP Program. This will be completed by the date required in the CIP Schedule prepared by the Finance Department. x Request building permit data from the GIS Department through March 1. x Request Assessor Parcel Data from the County of San Diego. TASK 2: 1. CASH FLOW ANALYSIS Contractor will prepare a cash flow for both the residential and non-residential elements as required in the rate and method of apportionment for CFD No. 1. This will require the receipt of year-end balances, year-to-date balances, a projection of funds to be contributed to CFD No. 1 from properties outside CFD No. 1, CFD No. 1 project schedule, CFD No. 1 project expenditures, and delinquency data. Meeting(s) will be held with the Finance Department staff to review such cash flows. Various options to the tax rates can be entered and evaluated. Once the tax rate decision is final, a draft staff report City Attorney Approved Version 10/23/2025 Page 10 and annual resolution will be provided for review and use. Attendance at the City Council meeting can be arranged, if requested. 2. SUBMIT THE ANNUAL ASSESSMENT LEVY Contractor will cause the annual special tax to be levied on the secured roll of the County of San Diego by compiling and transmitting a complete list of the actual special tax for each Assessor’s parcel in CFD No. 1 which is levied to the Auditor's office with a copy of the current year’s resolution and a letter of authorization identifying the number and amount of the charges via the required format. 3. RESUBMISSION OF ANY REJECTIONS/CORRECTIONS If necessary, identify unapplied charges and research corrected parcel numbers. Resubmit under corrected Assessor's parcel numbers prior to Auditor's resubmittal deadline. 4. PREPARE ANNUAL REPORT Prepare and provide to City staff final Annual Reports for CFD No. 1. The CFD No. 1 report is proposed to provide a boundary map updated with annexed properties, an information packet, a parcel listing, the cash flows, the resolution and submittal certification letter, and the current and original project schedules. The report will be provided in both hard copy and electronic format. An electronic copy of the CFD No. 1 database will be provided to the GIS Department to allow the City to update the parcel data with applicable flags denoting participation in CFD No. 1 along with the annexation date. TASK 3: 1. ANNEXATIONS Once notified by staff of property to be annexed, Contractor will coordinate the annexation process. The annexation process includes: x Requesting from the annexing property owner or representative, a title or lot book report less than 30 days old, a general description of the project and dates on entitlement, and an annexation check made out to the City of Carlsbad. x Requesting property entitlement information from the Planning Department. x Coordinating the preparation of the annexation map with the Engineering Department. x Coordinating with staff the date and time of the election. x Preparing and distributing ballot(s) and waiver(s) to the owner(s) of record. x Preparing a draft staff report for staff review. x Reviewing title reports for ownership accuracy. x Verifying signatures on the annexation documents. x Attending the scheduled election. x Coordinating the signature of the City Clerk as the Election Official. x Attending City Council meeting, if requested by staff. x Recording the boundary map and Notice of Special Tax Lien within 15 days of City Council action. x Providing staff with a complete set of documents for City files. 2. REVIEW ADMINISTRATIVE PROCEDURES Contractor will be pleased to meet with City staff to discuss the status of CFD No. 1 and any procedural changes which the City or Contractor feels would benefit the administration of CFD No. 1. 3. APPEALS ACTIONS Contractor will be responsible for the following, at the request of staff: x Preparing a draft analysis of the appeal issue to discuss with staff. City Attorney Approved Version 10/23/2025 Page 11 x Attending the Appeals Board meeting and presenting the appeal. x Taking direction from the Appeals Board on further actions. x Summarizing the decision of the Appeals Board action in a draft staff report for staff review and preparing a draft response to the appealing party. x Attending City Council meeting, if requested, by staff. 4. RESPOND TO INQUIRIES All requests made by staff, property owners or developers will be addressed by telephone, email or letter to acknowledge the request within one business day of receipt of the request. The requesting party will be provided with either immediate information or an estimate of when the information will be forthcoming. An annual information packet, to be signed by both staff and Contractor, will be prepared and sent to all requesting parties. Contractor will perform tax calculations for property owners and developers upon request. TASK 4: OTHER SPECIAL RESEARCH/CONSULTING PROJECTS At the request of staff and as detailed by Agreement amendments, additional services will be performed for special research and/or consulting projects. FEES AND EXPENSES: The following provides not-to-exceed figures for Scope of Services Tasks 1, 2 and 3. The figures for each task are very difficult to determine as some of the tasks may not be performed on an annual basis, such as appeals actions, and some of the tasks may occur several times annually, such an annexations. Services will be performed at an hourly rate with not-to-exceed amounts for Tasks 1, 2 and 3. Task 4 will be performed on an hourly basis as reflected in Agreement amendments. The table below provides current hourly billing rates. Task 1: SDFA proposes an hourly not-to-exceed amount for Administration Services included under Task 1 to be $35,000. Task 2: SDFA proposes an hourly not-to-exceed amount for Administration Services included under Task 2 to be $15,000. Task 3: SDFA proposes an hourly not-to-exceed amount for Administration Services included under Task 3 to be $15,000. HOURLY BILLING RATES Executive Vice President $300.00 Principal $250.00 Senior Associate $155.00 Associate $125.00 Administrative/Technician $105.00 Expenses will be passed through at cost. Expenses include postage, including overnight delivery, copying, and the purchase of data from other sources. An example of purchased data would include assessor parcel maps and County of San Diego Assessor data. City Attorney Approved Version 10/23/2025 Page 12 Should the Contractor’s services be placed on hold or cancelled by any authorized party, the services provided current to such date will be billed at our hourly billing rate as noted above. Contractor does not currently anticipate requiring the services of any outside subcontractor to perform the tasks requested. To the extent that the City requests additional services as is generally provided for in our agreements, Contractor reserves the right to employ subcontractor(s) acceptable to the City of Carlsbad. ACORD8 CERTIFICATE OF LIABILITY INSURANCE I CATI! (MM/DDIYYVY) ~ 02/03/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy I certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Brian Grant NAME: Pacific Premier Insurance Assoc., Inc. rL\~~NJ=,. 1:..tl• (858) 386-4443 I r,e~ Nol: (858) 386-4445 3517 Camino Del Rio S f~\ss: certificates@pacpremier.com Suite 215 PMB 1601 INSURERlSl AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURERA: HARTFORD UNDERWRITERS INS CO 30104 INSURED INSURER&: HARTFORD CAS INS CO 29424 Special District Financing & Administration LLC INSURERC: HOMESITE INS CO 17221 27201 Puerta Real INSURER 0: Suite 260 INSURERE: Mission Viejo CA 92691 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ir,r TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY = ~ CLAIMS-MADE [Z] OCCUR ------------ ------------ GEN'L AGGREGATE LIMIT APPLIES PER: Xl POLICY □ r:S: □ LOC 7 OTHER: AUTOMOBILE LIABILITY ANY AUTO -A OWIIED -.. AUTOSONLY ~ SCHEDULED AUTOS X HIRED ..._ AUTOSONLY -x NON.OWNED .-AUTOSONLY UMBRELLA LIAB H OCCUR EXCESS LIAB CLAIMS-MADE CEO I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y I N ADDL~uBR •~C!n wvn POLICY NUMBER X 57 SBA BH7W8P 57 SBA BH7W8P B ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? N / A 57WECAY7G42 (Mandatory In NH) ~~~J'tfi~ ~,iPERA TIONS below C Professional Liability PEO-014730-03 POLICY EFF POLICY EXP IMMIODIYYYYI IMM/DDIYYYYI LIMITS EACH OCCURRENCE s 2,000,000 s 1,000,000 MEO EXP (Any one person) s 10,000 02/01/2026 02/01/2027 PERSONAL & ADV INJURY S 2,000,000 ------------------GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG s 4,000,000 $ BOOIL Y INJURY (Per person) $ 02/01/2026 02/01/2027 BODILY INJURY (Per accident) s ' PROPERTY DAMAGE Per accident\ EACH OCCURRENCE AGGREGATE XI ~~TUTE I I OTH-ER $ s $ $ s 0710112025 0710112026 E.L EACHACCIOENT $ 1,000,000 E.L DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE-POLICY LIMIT S 1,000,000 Each Claim: $2,000,000 02/01/2026 02/01/2027 Aggregate: $2,000,000 Retention: $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space la required) Certificate Holder is listed as additional insured when required by written contract per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED fN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 4b.•o~-: 12 -5i .,. «•· ·. .... -·-· ......... , -··· U~- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD