HomeMy WebLinkAbout1995-03-28; City Council; Resolution 95-71r\
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RESOLUTION NO. 95-71
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT
WITH HALE CARTER CONSULTING TO PERFORM
ADMINISTRATIVE SERVICES FOR COMMUNITY
FACILITIES DISTRICT NO. 1
WHEREAS, the City of Carlsbad is responsible for administration
of Community Facilities District No. 1; and
WHEREAS, the City requires the services of a consultant to
assist in the administration of the District; and
WHEREAS, funding for the services is included in the 1994-95
CFD No.1 taxes; and
WHEREAS, the City has selected Hale Carter Consulting as the
consultant firm to perform CFD No. 1 administrative services because of
their specific knowledge and experience with CFD No. 1.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That Hale Carter Consulting shall provide consultant services to
the City for CFD No. 1.
3. That the fees and compensation for said services shall not
exceed $75,000 and shall be as described in the attached consultant
agreement (Exhibit A).
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4. That the Mayor is authorized to sign the attached consultant
agreement (Exhibit A).
5. That funds are available in the Community Facilities District No.
1 Fund for consulting services.
PASSED, APPROVED AND ADOPTED at a regular
meeting of the City Council on the 28th day of MARCH , 1995, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
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ABSENT: Council Member Kulchin n,
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl$k (SEAL)
F:\USERS\EROPE\WPDATA\AGENDA\CFDV\DMNCNS.RES
m v 0 EXHIBIT
AGREEMENT
THIS AGREEMENT, made and entered into as of the ,%*day of M/4wfl
19% by and between the CITY OF CARLSBAD, a municipal corporation, hereinaft
referred to as "City", and HALE CARTER CONSULTING, hereinafter referred to ,
"Contractor."
RECITALS
City requires the services of a municipal financial consulting and administrati!
contractor to provide assistance in the annual administration of the City's Commur
Facilities District No. 1 (CFD No. 1); and Contractor possesses the necessary skills a
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covena
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
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Contractor shall provide special district administrative services by providing ann
administration of the City's CFD No. 1. The services shall include the following task
Task 1
b Work with the Planning and Finance departments in estimating fut
development growth for cash forecasting purposes.
b Calculate annual cashflows for determining tax rates.
b Apply tax rates to parcels and submit roll to County.
b Research and resubmit all rejections and corrections to the tax roll.
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Task 2
b Assist Finance and Community Development departments in processi
annexations to the District (including submitting information to the Counl
b Document and review procedures for administration of the District includi
suggestions for improvement.
Task 3
b Answer questions and perform tax calculations for property owners E
developers as needed.
b Perform other special research projects as they arise.
In addition, Contractor shall respond in some manner to all requests by City st
property owners or developers within 1 business day of receipt of the request. Thi!
not to say that the request must be fulfilled by that time, but rather that someone
contact the requestor by telephone, fax or letter to acknowledge their request t
provide an estimate of when the information will be forthcoming.
2. CITY OBLIGATIONS
The City shall provide background information and documentation as approprl
and make staff available to answer questions as necessary.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receip
notification to proceed by the City and will continue for one (1) year, with option!
extend the contract for three (3) additional one (1) year periods.
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4. FEES TO BE PAID TO CONTRACTOR
The hourly rate for the services provided by the Contractor shall be as follows,
Principal $85
Programmer 50
Secretary 25
The total fees shall not exceed $75,000 and shall be payable according
Paragraph 6, "Payment of Fees." No other compensation for services will be allow(
except those items covered by supplemental agreements per Paragraph 8, "Changes
Work."
The hourly rate may be increased at each extension date by not greater than t
increase in the Consumer Price Index. Any increases must be negotiated and agre
upon in writing by both the City and the Contractor prior to the extension of the contra
5. DURATION OF CONTRACT
This agreement shall extend until February 1, 1996. The contract may
extended by the City Manager for three (3) additional one (1) year periods or pa
thereof, based upon a review of satisfactory performance and the City's needs. 1
parties shall prepare extensions in writing indicating effective date and length of .
extended contract.
6. PAYMENT OF FEES
. On or before the tenth (10th) working day of each month, Contractor shall suk
his/her invoice for work performed during the prior month, with a detail of hours i
tasks performed. Payment of approved items will be based on the hourly rates deta
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in the "Hourly Rates/Not to Exceed" section of the Contractor's Proposal for Admil
istrative Services. Payment shall be mailed to the Contractor prior to the last day of ti-
month the invoice was submitted.
7. FINAL SUBMISSIONS
On or before the following dates the Contractor shall provide to the partic
specified the following information:
June 1, 1995: CFD tax roll information to Finance Director. (Information to t
used in "Approval of Following Year's CFD Taxes to be Placed on Tax Roll" Agenda 6;
due before Council 6/27/95.
Auqust 1, 1995: Transmit taxes for each parcel and the City Council Resolutil
to the San Diego County Auditor-Controller in the required format and verify acceptan
of the tax on all parcels within the CFD.
Auqust 10, 1995: Research and resubmit all rejections and corrections to the 1
roll.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or I
City, and informal consultations with the other party indicate that a change in 1
conditions of the contract is warranted, the Contractor or the City may request a char
in contract. Such changes shall be processed by the City in the following manner:
letter outlining the required changes shall be forwarded to the City by Contract01
inform them of the proposed changes along with a statement of estimated change!
charges or time schedule. A supplemental agreement shall be prepared by the City :
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approved by the City according to the procedures described in Carlsbad Municipal Cc
Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid
unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any comp
or person, other than a bona fide employee working for the Contractor, to solici.
secure this agreement, and that Contractor has not paid or agreed to pay any comp
or person, other than a bonafide employee, any fee, commission, percentage, broker
fee, gift, or any other consideration contingent upon, or resulting from, the awarc
making of this agreement. For breach or violation of this warranty, the City shall h
the right to annul this agreement without liability, or, in its discretion, to deduct from
agreement price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarc
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the v
as provided for in this contract, the City may terminate this contract for nonperformz
by notifying the Contractor by certified mail of the termination of the contractor.
Contractor, thereupon, has five (5) working days to deliver said documents owned b!
City and all work in progress to the City Finance Director. The Finance Director
make a determination of fact based upon the documents delivered to City 01
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percentage of work which the Contractor has performed which is usable and of wor
to the City in having the contract completed. Based upon that finding as reported to tt
City Manager, the Manager shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreemer
the following procedure shall be used to resolve any question of fact or interpretation n
otherwise settled by agreement between parties. Such questions, if they becon
identified as a part of a dispute among persons operating under the provisions of tt
contract, shall be reduced to writing by the principal of the Contractor or the City Finanl
Director. A copy of such documented dispute shall be forwarded to both parti
involved along with recommended methods of resolution which would be of benefit
both parties. The City Finance Director or principal receiving the letter shall reply to ti
letter along with a recommended method of resolution within ten (10) days. If tl
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining t
dispute shall be forwarded to the City Council for their resolution through the Office
the City Manager. The City Council may then opt to consider the directed solution to t
problem. In such cases, the action of the City Council shall be binding upon the parti
involved, although nothing in this procedure shall prohibit the parties seeking remedi
available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) dz
written notice to the other party. In the event of such suspension or termination, up
request of the City, the Contractor shall assemble the work product and put same
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order for proper filing and closing and deliver said product to City. In the event
termination, the Contractor shall be paid for work performed to the termination dat
however, the total shall not exceed the lump sum fee payable under paragraph 4. TI
City shall make the final determination as to the portions of tasks completed and ti
compensation to be made.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s 01
way as an independent contractor and in pursuit of Contractor’s independent calling, a
not as an employee of the City. Contractor shall be under control of the City only as
the result to be accomplished, but shall consult with the City as provided for in .
request for proposal. The persons used by the Contractor to provide services under t
agreement shall not be considered employees of the City for any purposes whatsoeb
The Contractor is an independent contractor of the City. The payment made
the Contractor pursuant to the contract shall be the full and complete compensatior
which the Contractor is entitled. The City shall not make any federal or state
withholdings on behalf of the Contractor or his/her employees or subcontractors. .
City shall not be required to pay any workers’ compensation insurance or unemployrr
contributions on behalf of the Contractor or his/her employees or subcontractors.
Contractor agrees to indemnify the City for any tax, retirement contribution, sc
security, overtime payment, unemployment payment or workers’ compensation payr
which the City may be required to make on behalf of the Contractor or any employe
subcontractor of the Contractor for work done under this agreement.
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The Contractor shall be aware of the requirements of the Immigration Reform a
Control Act of 1986 and shall comply with those requirements, including, but not limil
to, verifying the eligibility for employment of all agents, employees, subcontractors a
Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to
applicable requirements of law: federal, state and local. Contractor shall provide
necessary supporting documents, to be filed with any agencies whose approvz
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as he
required are the property of the City, whether the work for which they are made
executed or not. In the event this contract is terminated, all documents, PI;
specifications, drawings, reports, and studies shall be delivered forthwith to the (
Contractor shall have the right to make one (1) copy of the plans for hidher recorc
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the '
pursuant to this contract shall be vested in City and hereby agrees to relinquish all cl
to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabi
penalties, fines, or any damage to goods, properties, or effects of any person whal
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nor for personal injuries or death caused by, or resulting from, any intentional
negligent acts, errors or omissions of Contractor or Contractor’s agents, employees,
representatives. Contractor agrees to defend, indemnify, and save free and harmless tl
City and its officers and employees against any of the foregoing claims, liabilitit
penalties or fines, including liabilities or claims by reason of alleged defects in any pla
and specifications, and any cost, expense or attorney’s fees which are incurred by t
City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies c
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under 1
contract by the Contractor, Contractor shall be fully responsible to the City for the 2
and omissions of Contractor’s subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omission
persons directly employed by Contractor. Nothing contained in this contract shall crf
any contractual relationship between any subcontractor of Contractor and the City.
Contractor shall bind every subcontractor and every subcontractor of a subcontractc
the terms of this contract applicable to Contractor’s work unless specifically noted tc
contrary in the subcontract in question approved in writing by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the C-
negotiate, make, accept, or approve, or take part in negotiating, making, acceptin
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approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authoriz
in such capacity and on behalf of the City to exercise any executive, supervisory,
similar functions in connection with the performance of this contract shall become direc
or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
City, either before, during or after the execution of this contract, shall affect or modify
of the terms or obligations herein contained nor entitle the Contractor to any additic
payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all ter
conditions, and provisions hereof shall inure to and shall bind each of the parties he1
and each of their respective heirs, executors, administrators, successors, and assi!
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written ab
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Cle
accordance with the requirements of the City's conflict of interest code. The disclc
required shall be for all categories.
26. INSURANCE
The Contractor shall obtain and maintain policies of general liability insur
automobile liability insurance, and a combined policy of worker's compensatiol
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employers liability insurance from an insurance company authorized to do business
the State of California which meets the requirements of City Council Resolution No. E
403 in an insurable amount of not less than one million dollars ($1,000,000) each, unle
a lower amount is approved by the City Attorney or the City Manager. This insurar
shall be in force during the life of this agreement and shall not be canceled without thi
(30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. 1
Contractor shall furnish certificates of insurance to the City before commencemen+
work.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to recc
written notice on behalf of the City and on behalf of the Contractor in connection with
foregoing are as follows:
For City: For Contractor:
J- /// / . /* -
.,- 7 , , L-C"
LISA HILDABRAND
~-/-; 7' 2- . .< / -
"
).
Finance Director Principal
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Hale Carter Consulting
2393 Sleepy Hill Lane
Escondido CA 92026
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28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for 1
duration of the contract.
Executed by Contractor this 30% day of MACH , 1995.
CONTRACTOR:
Hale Carter Consulting
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: B
Principal Mayor
ATTEST:
UTHALJ~UTENMANZ
City Clerk C/
KAREN R. KUNDTZ, Assistant City Cie:
(Proper notarial acknowledgment of execution by Contractor must be attachec
(President or vice-president and secretary or assistant secretary must sign
corporations. If only one officer signs, the corporation must attach a resolution certi
by the secretary or assistant secretary under corporate seal empowering that office
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: I City Attorney q. g .Tu
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CALIFORNIA ALL-PURPO 9 E ACKNOWLEDGMENT 0
W State of C~I - \&n;a I County of ~n Drew .
I On 3/30!95 before me, buieneM.%~~. NLhrq pd
personally appeared c
DATE NAME, TITLE OF OFFI~R - E.G.. "JANE DOE, NOTAR) PUBLIC"
NAME(S) OF SIGNER@)
'$I personally known to me - OR - z ,~l&a ui ~~iisfacb amk
to be the personw whose namh
subscribed to the within instrument and
knowledged to m
the same in
capacityw, and that by )$S,!(@j
signatureB on the instrument the perso
or the entity upon behalf of which
person% acted, executed the instrum
WITNESS my hand and official seal.
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SIGNATURE& NOTARY k -
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I
I OPTIONAL I I Though the data below is not required by law, it may prove valuable to persons relying on the document and could
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUN I 0 INDIVIDUAL
CORPORATE OFFICER I TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
c] AVORNEY-IN-FACT
0 GENERAL - NUMBER OF PAGES u TRUSTEE(S)
[7 GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABC
1
01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 71 84 Canoga Par
0 0 EXBIBIT 2
HALE CARTER CONSULTING Municipal Financial Consulting and Administration
2393 Sleepy Hill Lz Escondido CA 92C 6 19-480-24
February IO, 1995
i
Lisa Hildabrand Finance Director
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad CA 92008
-2 ,.
4 RE: PROPOSAL TO PROVIDE ADMINISTRATIVE SERVICES FOR COMMUN
FACILITIES DISTRICT NO. 1
Hale Carter Cons'ulting is pleased to present the City of Carlsbad with this proposa provide Special District Administrative Services for Community Facilities District No.
My six year history with the City with respect to the formation and administratior
Community Facilities District No. 1 provides evidence of our ability to provide the City \ the expertise and assistance required. During these years solid working relationst have been formed with staff. These relationships are an important element when viability of this district requires that each department understand how their efforts ef
the unique challenge presented by capital financing via a CFD special tax levy.
Personal commitment and dedication have also been demonstrated. We offer pro ability, unequaled experience, solid affiliations, uncompromised commitment competitive pricing all of which is concisely detailed within the following proposal.
addition,' we are taking this opportunity to introduce the City of Carlsbad to the nc established firm of Hale Carter Consulting by including a brief background of the fi
If you have any questions regarding this proposal or you need additional informa please be in contact.
@&-Q"/"
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' Barbara Hale-Carter
FILE: WFILES\ADMINWROPSU
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PROPOSAL FOR ADMINISTRATIVE SERVICI
Introduction to the Firm:
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The past year has been one of transitions. In April of 1994, Kadie-Jensen, Johnsor
Bodnar sold the administrative services portion of their business to Muni Financ
Services. That move placed additional demands on my time that did not allow adequ;
attention to my existing clients. Wanting to return to a more personal focus with clien
Hale Carter Consulting, -a Municipal Financial Consulting and Administrative Compal
was created.
Hale Carter Consulting assists California public entities in structuring, executing i
administrating financing plans to fund both capital improvement programs and operatio
Many municipalities in California are familiar with our quality work as. special
consultant, special district administrator, financial and facilities planner, and finanl
advisor. Please see Exhibit "A" for a listing of references.
Firm Philosophy:
The firm's philosophy is one of maintaining a direct relationship with the client by ha\
one key consultant intimately familiar with that client and project(s). This one on (
relationship shows in the work product, and in enthusiasm. The client is given a se.
of commitment and dedication. Our greatest strength lies in the ability to individualize
efforts to the needs of our clients.
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We Gake a special effort to anticipate and respond to changes in legislation and
provide the City with the expertise necessary to administer the District in accordance '
current laws. Our recommendations regarding procedures for administration will take
account not only the laws but also anticipate the requirements of various credit marl
so that the City is prepared should the need for debt issuance arise.
Firm Qualifications / Assignment of Contact Person:
The principal of the firm, and assigned contact person for the project, Barbara H
Carter, bas extensive experience and knowledge in the field of special district forma
administration, and financial advisory services. Please reference Exhibit "B" for a res
detailing her professional experience and sample projects.
Barbara's extensive general knowledge is coupled with an in depth familiarity of the
of Carlsbad's CFD No. 1. From approximately 1988 to June of 1990, Ms. Carter wo
with City staff in the development of the special tax formula for CFD No. 1. This 1
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PROPOSAL FOR ADMINISTRATIVE SERVICI
spanned from data gathering and manipulation, to cash flow modeling of numero
scenarios, to property owner education meetings. Because of this first hand experienc
Ms. Carter is unequalled, outside of City staff, in her knowledge of the specifics about t
CFD. It is critical to not only know the specifics of the tax formula but also to fL
understand how those specifics evolved.
Ms. Carter has been providing administrative services to the City of Carlsbad CFD b
in January of 1992 was to provide immediate full service administration, long te
education to staff, and to develop procedures to transition a portion of the administral
to staff. Each year we have set and accomplished steps towards achieving the long tf
goals.
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I since January of 1992, The focus of the special district administration contract sigr
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.f In 1992 the goal was general education. Through monthly educational CFD meetil with appropriate staff from each department, daily procedures for administration w
developed. A CFD information packet was created for reference by staff and is usec
a handout to the public. The Permits System was upgraded to provide a warning I
. when accessing CFD parcels and an additional information screen was added to pro\
pertinent CFD data. A CFD one-time special tax calculation sheet was developed to
in the accurate calculate of the CFD special tax collected at building permit issuance.
this and the following calendar year all calculations sheets were reviewed by Ms. Ca
I prior to the issuance of the building permit. .
During the 1993 calendar year the goal was to transfer some of the daily administra
to staff. The primary focus was the building department counter staff, in particular, h
Peterson. It has been a process of education by experience. Each Thursday, Ms. Ca
visited Community Development and answered questions by all staff focusing in on
review of special tax estimates and building .permits in process. Property OM
questions were answered by Ms. Carter in all detail and with example special
calculations. Actual special tax estimates, even if they were reviewed on Thursda!
the administrator, were provided by the building department. This allowed Mr. Peter!
guided by the administrator, to be a single source for CFD special tax calculati
improving continuity and consistency among one-time special taxes charged. By :
end, monthly multi-departmental .I educational CFD meetings were being held quarte
Achieving the transfer of limited daily administration freed time to set and achiel
second goal for the year, more accurate growth projections. Education was focuse
the Planning department. The planners gained an understanding of how their \
influenced the success of the CFD and the administrator gained an understanding of
use planning in Carlsbad. Growth projections for all local facilities management z(
earmarked for participation in the CFD were forecast. Combined with Grl
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PROPOSAL FOR ADMINISTRATIVE SERVlCl
Management estimates of potential acres impacted by habitat, the information provid
the CFD with the most accurate cash flow forecast to date.
In 1994, we continued focus further on the independence of the City in administratic
Written procedures were documented to united the efforts of Planning, Engineering a Finance in the processing of annexations. Building and Finance solidified the transfer
daily permit issuance and CFD calculation sheet information. Planning is now able
receive the assignment of assessor parcel numbers from the County within days of fi map approval. And Building became still more independent in the estimation a collection of CFD one-time special taxes.
1
This historical recount of administration work is provided to show just how far we hz come in meeting the challenge of administering this CFD and to demonstrate Hale Cat Consulting's ability, experience, and commitment. We are proud of the goals that hz
administration. . . . ..
1 4 been reached. These accomplishments serve the City in areas beyond C I
Consultint Responsibilities:
4 The focus of the special district administrative services contract should continue to
full service administration, staff and public education, the development of procedure!
-1 t better forecast funding ability and the independence of the City in administration. - i proposed following tasks would continue to improve the ability to reach those goals i
would streamline administration efforts.
Proposed Future Annual Goals
1. Coordinate the efforts of Planning and the Administrator when new paro
information is added to the Permit System. This would improve the integri of the Permit System., ,.
2. Improve the ability of the Permit System to aid the Planning department. Th would streamline the efforts of both the administrator and the planners whe arriving at annual growth projections and verrfying vacant developable acrc
for CFD purposes and in general.
integrate with that used by the Finance department for budgeting and CI purposes. Update the forecasting model for efficiency and accuracy.
4. Document and organize policy decisions for historical reference. This wou
promote consistency in the application of special taxes.
3. Revise computer cashflow models to be user friendly and forr,ratting
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PROPOSAL FOR ADMINISTRATIVE SERVE
Hourly Rates I Not to Exceed: ..
In 1992 the not to exceed figure for administrative services was set at $80,000. Becai
actuals did not even come close to approaching that figure, the not to exceed figure M
lowered to $65,000 when the contract was renewed almost two years later. These fa
demonstrate that the not to exceed figure is difficult to estimate. It also shows that
believe in providing what is required for full service administration and not billing or do work just because there is an additional amount -authorized.
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The not to exceed figures given below are estimates and the task numbers correspc
to those shown'irl the request for proposal. An accurate estimate is difficult for Tas
because estimating future development for forecasting is influenced, among other thir
.by the general. rate'of development in .the City. The task involves not just estima
growth projections but verrfying the accuracy of net acres, the accuracy of the statu
agricultural property, .the reassessment of potential habitat, and general updating ba
on any revisions to approved plans. The not to exceed figure shown allows for sc
unknown. Similarly, Task 2 is only-a rough estimate which will be influenced by
number of annexations .. and the astuteness of the land owner.
Schedule' of hourly billing 'rates and not to exceed figures for Tasks 1 and 2: , .
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Hourly Billing Rates:
Principal:. . . . .. $85.00
. Programmer: $50.00
Secretary: , . . .I $25.00
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Out of pocket expenses kill be charged to the City 'at cost for items such as Cor
recordation and assessor.parcel maps. Mileage, phone charges, and general lim
copying is not expensed. ' ..
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-. . . . . Not to Exceed:. -
. . Task I- $65,000
Task 2 .. $1 0,000
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Payment Expectations:
Billing will be submitted on a monthly basis with a detail of hours'and tasks perforr
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PROPOSAL FOR ADMINISTRATIVE SERVlCt
Term of Contract:
The term of the contract will be for a one year period with options to extend the contr;
for three additional one year periods. Hourly rates may be subject to increa
corresponding to increases in the Consumer Price Index each March 1 commencing w .,I i March 1, 1996.
Response Guarantee:
All requests made by City staff, property owners or developers will be addressed
of the request. The requesting party will be provided with either immediate satisfad
1 telephone, fax or'letter to acknowledge their request within one business day of 'rect
7 or an estimate of when the information will be forthcoming. !
Acceptance of Standard .Consultant Agreement:
The language in the example contract is acceptable.
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EXHIBIT A
REFERENCES
San Marcos Unified School District
Address: One Civic Center Drive, Suite 300
San Marcos CA 92069
1 Contact:
Service ' ,
Provided: .
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David 6. Allmen .
Assistant Superintendent of Business Services
Telephone: (61 9) 752-121 2
Community 'Facilities District Administrator for both CFD No. 1 and CFD I
2. Financial Advisor for the issuance of Mello-Roos Bonds for both distr
and the refunding of Certificates of Participation. Both Districts w
acquisition districts executed under joint powers with the Vallecitos W
District. Administration includes the verification of compliance with
acquisition agreement for the release of funds from the acquisition acwl
Both Districts are large subdivison type districts and both have experienl
and continue to experience prepayments. Administration requires cons1
property owner and developer contact. Date work performed: June 1 I
to present.
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1 Calexico Unified School District
Address: 901 Andrade Avenue
Calexico Ca 92231
Contact: Jack N. Goad-
Assistant Superintendent of Business Services
Telephone: (61 9) 357-7355
Service Community Facilities District Administrator CFD No. 1. Financial Adu
Provided: for the issuance of Certificates of Participation; the principal sourct
prepayment is special taxes. Special Tax Consultant for the formatio
the CFD. Registered voter approved district. The boundaries of the (
are coterminous with those of the District; current parcel c(
approximately 5,800. Date work performed: January 1991 to January 1 !
Exhibit A - Page 1
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REFERENCE
Yucaipa Calimesa Joint Unified School District
Address: 12797 Third Street
Yucaipa CA 92399
Contact: John Malone
Assistant Superintendent of Business Services
Telephone: (909) 797-0174 .
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Service Financial Advisory work for the issuance of hnro Certificates of Participati
Provided: and one refunding Certificates of Participation. The school district's ha:
district wide community facilities district that is setf administered. Analy
of the CFD was performed as required to monitor viability, funding capac
and in preparation for bond sale. 'Date work performed: June 1990 to A
1994.
City of Chula vista
Address: 276 Fourth Avenue
Chula Vista CA 91910 ..
Contact: Lyman Christopher
Past Finance Director
San Diego Ca 92108
Telephone: (61 9) 296-3665
, ' 7801 Mission Center Court, Suite 460
Service Financial Advisory services for the formation of four assessment distril
Provided: ' Two districts overlap one or more other districts and provide infrastruct
financing for streets, water and sewerage services for the Eastl;
Development and Olympic Training Facility. Special Assessment BOI
were issued for each district. Each issuance required in depth analysi:
current value to lien, developed statistics, land marketability, and stab
of vacant land ownership. Date work performed: June 1990 to April I9
Exhibit A - Page 2
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REFERENCI
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Sweetwater Union Hlgh School District
Address: 11 30 Fifth Avenue
Chula Vista CA 91 910
Contact: Andrew C.ampbel1
Director of Planning and Facilities
telephone: (61 9) 691 -5553
Service ' Formation of Community Facilities Districts No. 5, 7 and 8. CFD No. !
Provided: , an annexable CFD for property within the school district which overlaps v
the Chula Vista Elementary School District. CFD No. 8 is an annexa
CFD for, property within the school district which overlaps with the I
Ysidro School District. Several annexations to CFD No. 5 were process
Prepayment calculations were performed. -Financial Advisory services
the issuance and refunding of three Mello-Roos Community Facilil
District Bonds. Special District Administration services included a d
. management analysis which contained existing development and revel
summaries, projected development and revenue summaries, cashflc
which combine both revenue streams and recommendations regarding
ability to finance future additional capital improvements. Date w
performed: June 1990 to April 1994.
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EXHIBIT B
RESUME OF CONTACT PERSON
BARBARA HALE-CARTER
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...I 4 Hale Carter Consulting Municipal Financial Consulting and Administration
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Projecf Role: Administrator / Contact Person
Technical Expertise: District Administrator, Special Tax Formulae, Assessm 3 i Engineering & Financial Advisor
Experience and Professional Background:
Ms. Carter has over 10 years of professional experience in California public finan
During her career she has assumed increasing management responsibilities culmina1
in the establishment of her own firm in January of this year.
1 In 1984, Ms. Carter began as a financial analyst and worked for two southern Califor!
f civil engineering firms. Primary efforts in this capacity included the feasibility, 'formati
and administration of special districts. Administration included the responsibility of 1
application of fixed charge assessments and special taxes to the tax rolls for pui
agencies in Riverside, San Bemardino and San Diego Counties.
In 1990, joining the firm of Kadie-Jensen, Johnson and Bodnar, she began to expand I
experience to include municipal financial consulting. Financing methods which Ms. Cal
has utilized include special assessment bonds, general obligation bonds, joint exerc
of powers agency and non-profit corporation lease revenue bonds, Mello-Rc
Community Facility District Bonds and refunding bonds.
Ms. Carter has established a substantial reputation in the area of Mello-Roos Commur
Facility Districts. Her focus is Special Tax Formulae that afford maximum protection
future homeowners and commercial property owners, facilitate' bond financing and i
simple to administer. The CFD's that she has served as special tax consultant inch
those that have been established both to finance the construction and acquisition
improvements.
+ Exhibit B - Page 1
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BARBARA HALE-CAR1
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Projects:
Communifv Facilities Districts (Mello-Rood;
Ms. Carter's responsibilities with respect to the following districts has inclu
development and cashflow analysis, drafting of the Special Tax Formula and Special
Report, boundary map preparation,'noticing, prepayment calculations, election procedl
administration, and financial advisory activities. She has been responsible an
intimately involved in all phases of district formation and worked closely with t
counsel to ensure that the establishment of a community facilities district truly is the
financing solution. . . . . - ' Cdexico Unified School Disfrfcf, CFD No. .7. A. voter approved district wt
' boundaries are coterminous with the school district boundaries. Current par
in ' the district is approximately 5,800. (Formation, Administration, Final
Advisor.) '..' ' ..
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b. . City of'carlsbad, CFD No. 7. Includes all undeveloped property (I 991) anc
enable financing of a variety of community-wide capital improvements, inclu
library facilities, city hall, park areas, and major thoroughfares and interchan
Total improvements expected to exceed $1 00 million. (Formation, Administrat
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b , City of Chino, CFD No. 2. . This .annexable CFD was formed to provide PI
._ financing of a.portion of the infrastructure required for development of the
Chino Specific Plan Area. (Formation.)
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City of Corona, CFD No. 90-7. Formed to finance street, water, sewer, drain
landscaping, fire protection 'and emergency facilities. Cost of facilities expe
to exceed $80 million and combined with CFD No. 89-1 will serve a comml
with more .than .I 2,000 residences. (formation.)
b . City of San Marcos, CFD No. 91-07. Established to provide public financir
major street, drainage .and school facilities to the Twin Oaks Valley Ri
development. Total 'bonded improvements were approximately $6.2 mi
(Formation, Financial Advisor.)
,1 Exhibit B - Page 2
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BARBARA HALE-CAR1
w San Marcos Unified School Disfrict, CFD No. 7 (Palos Vista). This CFD finan
regional water system facilities to serve the Eswndido Highlands developml
owned and operated by the Vallecitos Water District, and a portion of sct
,, facilities for the School District. Special tax bonds issued for this project \II
$7.1 1 million. Administration has included over 150 prepayments to d (Administration, Financial Advisor.)
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b San Marcos Unified School District, CFD No. 2 (Discovery Hills). Public finan
capital improvements for this CFD included sewer and water improvements of Vallecitos Water District and school facilities for the School District. Special
bonds issued for this project were $4.7 million. Administration of this dis
includes the disbursement of funds for the acquisition of water and se improvements. (Administration, Financial Advisor.)
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b San Ysidro School District, CFD No. 7. Includes the Otay Mesa area and r
ultimately include 18,000 residential units and $65 million in elementary and mic
school facilities. (Formation.)
b Sweetwafer Union High School District, CFD No. 8. This is an annexable dis
1 18,000 residential units and finan& $67 million in high school facilii 1
!
which is made up of the Otay Mesa area and may ultimately include in exces
(Formation, Administration.)
Assessment Districts (1 91 5 Act):
Formation activities for the following district for which .Ms. Carter was responsible am intimately involved included assessment spreads to allocate improvement costs accordance with benefit and generation of notices and assessment rolls, presentati at public hearings and administration.
b City of Carlsbad, AD No. 86-7. Approximately $5.1 million was funded for st1
widening, traffic control, street lighting, water and. drainage facilities for improvement of Palomar Airport Road. (Formation, Administration.)
i Exhibit B - Page 3
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BARBARA HALE-CARTI
b cify of Cadsbad, Ab No. 85-1. Approximately $31.2 million was funded for strc
and public works improvements for the improvement of Cannon RO;
improvements included widening for approximately 4.5 miles; water, drainag
telephone,, gas and electric facilities; and sewerage system improvemen
including pump station, force main and 8- to 36-inch sewer lines. (Formation
b Easfern Municjpa/ Wafer Districf, AD No. 6 and 7. Both formed to finance wa
and sewer facilities to benefit the Dutch Village and Homeland/Green Acres are
in Riverside County. Assessments, in conjunction with state grant monies, we
able to fund approxjmately $12.1 million in improvements. (Formation.)
b City of San Marcos, Rancheros Drive AD. This was an acquisition district form
to finance the construction of street improvements, including waster, sewer a
storm drainage facilities. (Formation, Administration.),
b City of Chula Mda, AD 88-1, AD 90-1, AD 90-3, AD 91-1. An original assessme
district, AD 85-2, which provided backbone infrastructure to the Eastla
Development and Olympic Training Center was overlapped by AD 90-3 and 1
91-1 as portions of the master plan was developed. (Financial Advisor.)
Exhibit B - Page 4