HomeMy WebLinkAboutRSG Inc; 2015-05-19;AMENDMENT N0.1 TO MASTER AGREEMENT FOR FISCAL ANALYSIS
RSG, INC.
This Amendment No. 1 is entered into and effective as of the q1b. day of July, 2015,
amending the agreement dated May 19, 2015 (the "Agreement") by and between the City of
Carlsbad, a municipal corporation, ("City"), and RSG, Inc., ("Contractor") (collectively, the
"Parties") for fiscal impact, economic impact, tourism impact, community benefits and similar
studies
RECITALS
A. The Parties desire to increase the cumulative compensation of the Agreement to
an amount not-to-exceed forty-five thousand six-hundred dollars ($45,600); and
B. The Parties desire to alter the Agreement's scope of work to include additional data
verification and research regarding the fiscal, employment and business benefits presented by
the proponents of the Agua Hedionda South Shore Specific Plan;
C. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Task Order No.
2.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed fifteen thousand six-hundred dollars
($15,600). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3. The cumulative compensation of the Agreement is increased to an amount not to
exceed forty-five thousand six-hundred dollars ($45,600).
4. Contractor will complete all work described in Exhibit "A" by July 31, 2015.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 1/30/13
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5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
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
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
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:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 1/30/13
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EXHIBIT "A"
TASK ORDER NO. 2
SCOPE OF SERVICES
The following scope of services is based on the proposal dated June 29, 2015 as follow-up to the
findings in Task Order No. 1.
1. RSG staff will contact, and meet with (if required to obtain clarity and confirmation), San
Diego County Auditor-Controller's Office staff to discuss the pass through payment
calculation methodology for the SCCRA project in order to accurately project future
property tax revenue. RSG will obtain the County's methodology in writing to ensure
consistent property tax revenue in the future.
2. RSG staff will contact the San Diego County Assessor's Office, Poseidon (owner of the
desalination plant) and the State Board of Equalization to determine an accurate estimate
of future assessed valuation of the Carlsbad Desalination Plant. This estimate is
necessary because the current year (20 14-15) assessed valuation of the SCCRA is below
the base year assessed valuation of the SCCRA, which will materially affect the way
property tax is handled for the proposed Agua Hedionda South Shore Specific Plan
Project.
3. Call Kosmont directly to request data sources for any discrepancies or data analysis that
was not apparent or readily available, including:
a. Supporting data for estimating the Project's assessed valuation ($415 to $466
million per development, tenant improvement costs and income capitalization).
b. Projected tenant list, if available, or other supporting data for the sales tax
revenues.
4. Adjust/change property tax and sales tax revenue assumptions in the fiscal impact
analysis pursuant to item #3 and additional data obtained from third-party sources.
5. Analyze and summarize the initiative's impacts on the community's ability to attract and
retain business and employment per Elections Code 9212.
The first draft of the above scope will be delivered to the city no later than July 17, 2015. The city
will have comments back to RSG by July 24, 2015. The final analysis will be delivered to the city
not later than July 31, 2015.
The above scope of services shall be billed on a time and materials basis not to exceed fifteen
thousand six-hundred dollars dollars ($15,600) which includes meetings, discussions,
documentation and one (1) round of comments.
Task Order Labor Fee Estimate: $15,400
Task Order Direct Costs Fee Estimate: $200
Total Task Order: $15,600
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City Attorney Approved Version# 05.22.01
MASTER AGREEMENT FOR FISCAL ANALYSIS
RSG.INC. A
JHIS AGREEMENT is made and entered into as of the IIJ day of m~ , 20.J.£, by and between the CITY OF CARLSBAD, a municipal
corporati , hereinafter referred to as "City", and RSG, Inc., hereinafter referred to as
"Contractor."
RECITALS
A. City requires the professional services of a consultant that is experienced in
providing third party peer review services on fiscal impact, economic impact, tourism impact,
community benefit and similar studies.
B. The professional services are required on a non-exclusive, project-by-project
basis.
C. Contractor has the necessary experience in providing professional services and
advice related to providing third party peer review services on fiscal impact, economic impact,
tourism impact, community benefit and similar studies.
D. 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 herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
Contractor's obligations with respect to any project granted to Contractor under this Agreement
will be as specified in the Task Description for the project (see paragraph 5 below).
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 one (1} year from the date first above. The City
Manager may amend the Agreement to extend it for an additional one (1) year period or parts thereof.
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. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days
after receipt of notification to proceed by City and be completed within the time specified in the Task
Description for the project (see paragraph 5 below). Extensions of time for a specific
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specified in the Task Description for the project (see paragraph 5 below). Extensions of time for
a specific Task Description may be granted if requested by Contractor and agreed to in writing
by the City Manager or the Division Director as authorized by the City Manager ("Director").
The City Manager or Director will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no
event shall a specific Task Description exceed the term of this Agreement.
5. COMPENSATION
, The cumulative total for all projects allowed pursuant to this Agreement will not exceed Thirty
thousand dollars ($30,000) per Agreement year. If the City elects to extend the Agreement, the
amount shall not exceed Thirty thousand dollars ($30,000) per Agreement year. Fees will be
paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified
in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project
Task Description and. Fee Allotment (the "Task Description") which, upon signature by
Contractor and for City, the City Manager or Director, will be considered a part of this
Agreement. The Task Description will include a detailed scope of services for the particular
project being considered and a statement of Contractor's fee to complete the project in
accordance with the specified scope of services. The Task Description will also include a
description of the method of payment and will be based upon an hourly rate, percentage of
project complete, completion of specific project tasks or a combination thereof.
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 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 the 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 wo_rk
done under this Agreement. At the 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
The City reserves the right to employ other Contractors in connection with the Services.
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9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation 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 the City as an additional insured.
1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
1 0.1.2 Automobile Liability. (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
1 0.1.3 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.
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1 0.1.4 Professional Liability. Errors and om1ss1ons 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.
1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
1 0.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
1 0.2.3 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 anytime, 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
three (3) 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.
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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 Glen Van Peski Name Hitta Mosesman
Title CEO -Director Title Principal
Dept Community & Economic Address 309 West 4th Street
Development Santa Ana, CA 92701
CITY OF CARLSBAD
Address 1635 Farada:t Avenue Phone 714-316-2137
Carlsbad, CA 92008 Email hmoseman@webrsg.com
Phone 760-602-2783
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. The Contractor shall report
investments or interests in all four categories.
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. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. 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 ( 1 0) 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
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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.
20. TERMINATION
In the event of the 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 at the 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.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event 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.
21. 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.
22. 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 attorney's 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.
23. JURISDICTIONS AND VENUE
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.
24. 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
6 City Attorney Approved Version 4/1/15
of City, which shall not be unreasonably withheld.
25. 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.
26. 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_~/""'2,_,___ day of mfld4:_ , 2015:
CONTRACTOR CITY 0~ CARLSBAD, a mumcrpal ~ corporation of the State of California By~ 8~~J;~e£~0Jrector
as authorized by the City Manager
Alexa SmittleNice-President
(print name/title)
By:
(sign here)
Hitta Mosesman/Secretary
(print name/title)
ATTEST:
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.
CITY OF CARLSBAD, a municipal corporation of the State of California
APPROVED AS TO FORM:
CELIA A. WER, City Attorney
BY: z, ~-, ;t~/s-
ssistant City Attorney
7 City Attorney Approved Version 4/1/15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California()/~
County of __ ~-1<....!~1<....!-""""'--='--'""'7:~=-----')
on /,?. !Yl/JA/Jr cflO 15 before me, ~ /IW~JI./dar'f-ltJI;c. IJ _ (insert name and title of the? offlcer)
personally appeared /) }e£Ct. Srvll t/J~ , t2S g V U:£ rJ(~fJ(M ,
who proved to me on thebasis of satisfactory evidertce to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
'@· ERIN WOODMAS t ~ :r:..,; Commission 11 2026ll9 1 ~ :~~ Notary Public 'California I Orange Countv c~ /~ . M>C-·'""''"""21.2·1~ Signature~ w~ (Seal)
WITNESS my hand and official seal.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California/) ~
Countyof -~
On J} JYI~ JO./~
)
personally appeared ~~~:;.....;;_--=-""~'7'-""""""""""'"~:---'-t-:'-.::=..-=+-.;;__:=.::=.:...........:::.--=_;:o_~,__-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( ) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT"A"
Scope of Services
1. Third-party review services in the area of fiscal impact analysis, economic impact analysis,
tourism impact analysis, and community impact analysis.
2. Professional representation at public meetings; as well as attendance as requested at other
internal and external meeting.
3. Preparation of memo and reports summarizing findings, including incorporating peer
reviews performed by other firms.
4. Other duties as directed.
Standard Hourly Rates & Statement of Qualifications Attached
STATEMENT OF QUALIFICATIONS AND PROPOSAL
FOR CONSULT ANT SERVICES
PEER REVIEW OF
FISCAL & ECONOMIC IMPACT/TOURISM/COMMUNITY BENEFIT ANALYSIS
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RSG
BETTER COMMUNITIES.
BOLDER FUTURES.
ROSENOW SPEVACEK GROUP, INC.
309 West 41h Street
Santa Ana, CA 92701
714.316.2137
Hitta Mosesman, Principal
hmosesman(wwebrsg.com
Curtis Cannon, Senior Associate
~can rwn(O)web~..&om
May 7, 2015
TABLE OF CONTENTS
Transmittal Letter ................................................................................................ 1
Company Profile and Qualifications .................................................................... 3
Experience and References ............................................................................... 6
Staffing ............................................................................................................. 10
Scope of Work .................................................................................................. 18
Proposed Budget .............................................................................................. 19
RSG
BETTER COMMUNITIES. BOLDER FUTURES.
May 7, 2015
Mr. Kevin Pointer, Management Analyst
Economic Development Department
CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
ROSENOW SPEVACEK GROUP INC.
309 WEST 4TH STREET
SANTA ANA, CALIFORNIA
92701-4502
T 714 541 4585
F 714 5411175
E INFO@WEBRSG.COM
WEBRSG.COM
Via Electronic Mail
STATEMENT OF QUALIFICATION AND PROPOSAL -FISCAL & ECONOMIC
IMPACT, TOURISM AND COMMUNITY BENEFIT ANALYSIS
Dear Mr. Pointer:
RSG is pleased to present this Statement of Qualifications and Proposal for the City of
Carlsbad ("City"). After speaking with you earlier this week, we understand that the City
wishes to enter into a Master Services Agreement by May 12, 2015 for a peer review of
the following analyses:
• Fiscal Impact Analysis
• Economic Impact Analysis
• Tourism Impact Analysis
• Community Benefit Analysis
It is our understanding that the City is currently in discussion regarding a significant
development project consisting of up to 600,000 square feet of retail uses. In order to
evaluate this proposed project, the City would like to retain a consultant to complete the
analyses listed above within 30 days of executing a contract with the chosen consultant
to complete this work.
RSG is a preeminent Southern California real estate advisory consulting firm with over
35 years of experience in serving cities, counties, and housing authorities throughout
California. We offer a wide range of the essential consulting services, including:
./ Economic Analysis
./ Financial Evaluation,
./ Project Feasibility Analysis
./ Market Research
./ Strategic Planning
./ Community Development Strategies
./ Revenue Modeling
./ Project Implementation Services
Our expertise includes a broad knowledge base of practical experience from analyzing
over 700 commercial, residential, industrial, and mixed-use projects. In total, RSG has
analyzed nearly $50 billion in real estate development, resulting in the construction of
over 11,000 residential units, 4,250 hotel rooms, and over 100 million square feet of
FISCAL HEALTH
ECONOMIC DEVELOPMENT
REAL ESTATE, HOUSING
AND HEALTHY COMMUNITIES
commercial, industrial, office, retail, and mixed-use buildings. Our team is a recognized
leader in the industry, retained by over 90 cities and counties each year.
The following is the principal contact information, and project manager for this
engagement:
Hitta Mosesman
Principal
Direct Phone: 714-316-2137
Mobile Phone: 949-291-3729
Email: hmosesman@webrsg. com
Curtis Cannon
Senior Associate
Direct Phone: 714-316-2136
Mobile Phone: 805-814-0188
Email: ccannon@webrsg.com
Corporate Offices-309 West 4th Street, Santa Ana, CA 92701-4502
We look forward to discussing this project with you further. Please call us with any
questions.
Sincerely,
ROSENOW SPEVACEK GROUP
Hitta Mosesman, Principal Curtis Cannon, Senior Associate
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MISSION STATEMENT
"RSG creates solutions to enhance communities' physical, economic, and social future."
CORE VALUES
All of our work aligns with our core values -they define who we are as people, how we
can be expected to work, and what our clients can expect from our consulting services.
These include:
+ Social and community responsibility
+ Creativity and innovation
+ Excellence in products and services
+ Honest and ethical behavior above all else
CORPORATE INFORMATION
Rosenow Spevacek Group, Inc. is a California-based, Subchapter "S" corporation.
Founded in 1979, the firm provides a wide array of community development consulting
services to local government organizations and private entities. Ownership is divided
among four shareholders, including Principals Jim Simon, Hitta Mosesman, Alexa
Smittle, and Tara Matthews.
Our corporate offices are located in Santa Ana, California. The majority of our
employees work out of our Santa Ana office, although we have several employees
working from remote offices in San Francisco, Sacramento, and San Diego.
To better assist and more fully represent our clients in the delivery of real estate
advisory, property acquisition and disposition, and asset management services, RSG
maintains a California Corporate Real Estate Brokers License (CA BRE #01930929).
3
RSG STAFF
RSG has a staff of 21 consulting staff, exclusive of sub-consultants. A breakdown of our
staff is presented below.
Principals/Partners
Directors/Senior Associates
Associates
Senior Analysts/Analysts
Research Assistants
Technicians
Administrative
Total Professional Staff
4
3
6
3
2
1
2
21
Our staff is highly experienced in bringing a wide variety of real estate developments to
fruition. In total, RSG has analyzed nearly $50 billion in real estate development,
resulting in the construction of over 11 ,000 residential units, 4,250 hotel rooms, and over
100 million square feet of commercial, industrial, office, retail, and mixed-use buildings.
QUALIFICATIONS
RSG has a 35-year history of bringing a wealth of knowledge in the real estate and
economic development fields -not only from our extensive experience in providing
these services, but also through our first-hand experience in real estate brokerage,
investment, development, construction, entitlements, and project design. Our real estate
professionals engage in a wide variety of projects for the firm , but also keep abreast of
the latest industry trends through professional associations such as the Urban Land
Institute, International Council of Shopping Centers, and California Realtors Association,
as well as other local organizations. Innovative solutions, attention to detail, and
adherence to project schedules are signatures of our service. Our real estate consulting
services include, but are not limited to, the following activities.
FISCAL AND ECONOMIC IMPACT ANALYSES
In many circumstances, understanding the big picture is just as important as the single
project. Other times, the big picture is the project. Public agencies and private
developers look to RSG when they need to know the ongoing municipal revenues and
service costs, employment, community benefits, and secondary impacts of a
development project or land use plan.
LAND USE ECONOMICS
Key to the success of many land use plans, such as general plans, specific plans, and
corridor strategies are their market viability and economic feasibility. RSG is
experienced in analyzing and determining the land use economics for such plans, and
recommending alternatives and changes were necessary.
4
MARKET ANALYSIS AND RESEARCH
RSG conducts detailed economic and market research using reliable industry data
resources corroborated by first-hand field research and local market evaluations to
identify viable implementation strategies and investment opportunities. Identification of
niche market opportunities for local communities based on consumer preferences and
research, and understanding long-term demographic and land use trends are our
specialty. As an alternative to traditional market studies, RSG is also working to pioneer
the development of trends analysis; market studies that analyze local economic drivers
over a longer period of time in order to align strategic planning with land use policies.
SITE ASSESSMENT AND POSITIONING
RSG brings a highly experienced consultant team comprised of former real estate
investors, developers, and public sector officials, who are skilled in performing land use
programming, highest and best use analyses, property valuation analyses, and feasible
development strategies. RSG also specializes in repositioning existing assets and
formulating reuse strategies to reinvigorate communities and provide new revenues to
municipalities.
PROPERTY ACQUISITION
RSG offers full-service real estate acquisition services. From site identification, to tenant
relocation once the property has been acquired, RSG is truly a one-stop shop for clients
who wish to simplify the acquisition process. We offer services related to site selection,
valuation analyses, negotiations, hazardous material surveys and removal coordination,
escrow coordination, condemnation process coordination, and tenant relocation .
PUBLIC/PRIVATE PARTNERSHIPS
RSG has extensive experience in assisting public agencies and private developers
structure public/ private partnerships. Our team is proficient in completing pro forma and
investment analyses, including financial funding gap analyses and strategies to eliminate
them , in order to ensure a transaction is completed and the project constructed.
PROPERTY DISPOSITION
RSG understands how to effectively stimulate interest from highly experienced and
financially capable developers. RSG has the requisite knowledge and extensive
experience necessary to bring complex public-private transactions to fruition , including
disposition and development agreements, owner participation agreements, long-term
ground leases, as well as required legal documents.
IMPLEMENTATION AND DEVELOPMENT
RSG is highly experienced in assisting public sector clients with the management of
construction projects (including those that are LEED certified), property rehabilitation,
and related programs. Many of our clients wish to retain greater control over
development projects but lack the staff or experience to do so. RSG can help by either
advising or managing each step of the construction process.
5
RSG brings forward over 35 years of experience advising public agencies and
developers on infill reuse projects, totaling more than $5 billion in total asset value. We
provide clients real estate advisory services, including fiscal impact, economic impact,
pro forma and financial feasibility analysis, underwriting analysis, and equity analysis.
In order to keep this proposal succinct, RSG has outlined below some case studies on
projects entailing analysis and outcomes similar to the proposed assignment. We
encourage you to contact our references, or follow up with any additional questions.
Project Project Description Client I Contact
San Carlos Transit Village Evaluated fiscal and feasibility City of San Carlos
El Camino Real, San Carlos impacts of reduced density of
project in response to public AISavay
July 2013 concern over height and Community
Currently in plan check density. Original proposal Development Dir.
entailed a 415,869 sf mixed 650.802.4209
use project surrounding
CaiTrain depot, as compared to
the lower density 300,000 sf
project that was ultimately
approved.
The Heritage Prepared fiscal and economic Vineyards
2001 E. Dyer Rd, Santa Ana impact analysis of redeveloping Development Inc.
18.84 acre industrial property. (Applicant)
February 2015 Developer is proposing 1,401
Currently in environmental multifamily units along with John Shumway
review nearly 20,000 sf of retail and The Concord
restaurant use. Group
949.717.6450
7
Project Project Description Client I Contact
Wheeler Plaza TOO Preparation of development City of San Carlos
San Carlos & Walnut, San feasibility and fiscal impact
Carlos analysis for award-winning AISavay
TOO project consisting of 1 08 Community
February 2013 condominiums, 9,500 sf of Development Dir.
Construction starts Feb retail, 2 levels of subterranean 650.802.4209
2016 public and private parking, and
a public plaza
Grand Avenue Los Prepared feasibility and City of Los Angeles
Angeles economic impact assessment
100 S. Grand Av, Los for the City's Office of the Chief John Wickham,
Angeles Legislative Analyst, which led Office of the Chief
to the latest subvention Legislative Analyst
April2014 agreement with The Related 213.473.5738
Development program Companies. Redevelopment of
changing the site would result in
development of 24-and 37-
story residential, luxury retail
and hotel uses above a parking
garage, designed by Frank
Gehry.
Edge As an adjunct to our developer City Ventures
4300 N. Harbor Blvd, client's application to redevelop (Applicant)
Fullerton the former 44-acre Beckman
Coulter campus, RSG prepared Kim Prijatel,
April2015 a market study, feasibility, and Vice President of
Study delivered to client fiscal impact analysis for the Development
development of a mixed use
project consisting of 300 949.258.7555
multifamily units, 525 for-sale
townhome units, and 230,190
sf of innovative office and retail
uses
7
Project
Village at Westfield
Topanga
Topanga Canyon Blvd, LA
March 2013/ January 2014
Project under construction
Joint First Responders
Training Facility
City of Carlsbad
Project Description
RSG prepared a feasibility
study and economic/fiscal
impact analysis of the
development of a 450,000
square foot open-air lifestyle
center. Under a development
agreement with the City, the
project would create significant
public benefits, including a
public plaza, community
meeting room , programming
events and new community
amenities for the West Valley
area.
The City of Carlsbad evaluated
the costs and benefits of
building a state of the art public
safety training facility as a firing
range, fire training , and public
works training facility. The City
retained RSG to:
• Verify projected operations
costs.
• Identify potential public and
private agency users to
share the facility.
• Verify operating cost
projections.
• Identify current City public
safety training costs, fuel
and vehicle maintenance
cost savings.
• Identify potential public and
private agencies that may
use the facility.
• Prepare a business plan to
capture outside agency
interest and to recover
facility operating costs.
• City Council briefings and
public presentations were
also an integral component
of the project.
Client I Contact
City of Los Angeles
lvania Sobalvarro
Office of the Chief
Legislative Analyst
213.473.5745
City of Carlsbad
Public Works
Department
8
Project
Core Business Process
Analysis
City of Carlsbad
Project Description
RSG was retained to evaluate
the core business processes in
the newly formed
Transportation Department at
the City of Carlsbad. Tasks
included:
• Identifying the department
core services and the best
possible delivery methods
to deliver these services
• Characterizing these
services by functional cost,
staffing levels, service level
measurements and
customer service
expectations
• Compare in-house delivery
of these services to
alternative delivery
scenarios
• Examine potential
consolidations, outsourcing,
and shared services with
neighboring jurisdictions.
Client I Contact
City of Carlsbad
Public Works
Department
9
STAFFING
Hitta Mosesman will be the Principal-in-Charge, with Curtis Cannon, Senior Associate,
will act as Project Manager for this engagement. Ms. Mosesman would direct, review
and oversee all aspects of this engagement, while Mr. Cannon will be responsible for
managing the day-to-day activities, project components and preparation of the report
with RSG's findings .
Other members of the consulting team include Dim a Gal kin and Dominique Clark, Senior
Analysts who will be tasked with analyzing data sources, evaluating financial and
economic models, drafting portions of the report of findings, and providing supporting
functions. Jeff Khau, Analyst, Michael Dietz and Nicole Miller, Research Assistants, will
be responsible for research, data gathering and identifying data sources. Other
professional staff may be assigned as needed.
Resumes of key RSG staff follow.
10
HITTA MOSESMAN, Principal/Secretary
FOCUS AREAS
Municipal Finance, Fiscal Health, Economic
Development, Real Estate
WHAT I LOVE ABOUT WORK
I have the chance to discover and build upon
the unique qualities and character present in
every community. I help communities improve
and thrive in the face of challenges to
revenues and increased levels of services.
ABOUT ME
Hitta produces solutions to community problems with her
expertise in public financing opportunities and economic
development. She forms dynamic collaborations with
her clients large and small, ranging from cities to public
entities and agencies. Her work includes property tax
projections, real estate valuation analysis, cash flow
analyses, successor agency consulting, methodology
reviews, audits of assessed value projections, and fiscal
impact analyses.
Hitta originally joined RSG in 1989 as an intern while
completing her BS ih Economics with a minor in
Business Management from the University of California,
Irvine. After working for two boutique municipal
consulting firms, Hitta re-joined RSG in 1996.
RECENT ENGAGEMENTS
• Calculated multiple cash flow analysis scenarios to
determine the maximum amount of loan repayment
(and most beneficial repayment structure) to a city to
fund a large-scale and regionally-significant recreation
area in Orange County.
• Prepared complex property disposition plan for a
former redevelopment agency that owns over 100
properties, including a valuation analysis of each
property.
• Formulated multi-year property tax projections for a
large special district for budgeting purposes. These
projections incorporate new development projects,
appeals, and annexations, as well as an economic
analysis to forecast future growth rates in assessed
valuation.
OUT &ABOUT
• League of California Cities City Manager's Group,
Economic Development Focus Group Member
• Speaker, San Gabriel Valley City Manager's
Association (League of California Cities) on Economic
Development
• California Association for Local Economic
Development
• Certified personal trainer
11
Curtis P. Cannon, Senior Associate
FOCUS AREAS
Real Estate Development, Economic
Development and Housing.
WHAT I LOVE ABOUT WORK
I love the opportunity to help cities, counties ,
and local jurisdictions, in creating new and
revitalized development projects and programs
for fiscal strength, economic development, and
affordable housing programs and projects, to
reach their greatest potential and return on the
public investments.
ABOUT ME
With over 24 years of public sector experience, Curtis
manages economic development, real estate
development, and affordable housing
initiatives. Curtis is an expert in public/private sector
community development projects and programs. He
provides technical reviews and negotiations
assistance for property acquisition/disposition and
development agreements, as well as affordable
housing projects. He performs project site
development review and analysis, and market
viability from a broad range of perspectives. He has
extensive experience with helping California
municipal jurisdictions in developing strategic plans
and identifying highest and best use for public and
private properties in the areas of community
development, economic development, and housing.
Curtis recently joined RSG in 2015. He received a
Master's Degree in Public Administration from
California State University Northridge, and a
Bachelor's Degree in Public Administration from the
University of La Verne, with a minor in Business
Administration. He also completed an Associates
Degree in Business Management, from Citrus
College.
RECENT ENGAGEMENTS
• Project manager for negotiations of property
acquisition and real estate development
agreements, and programs and projects
implementation to fulfill the objectives of public
agencies.
• Conducted property analysis and prepared
structured negotiation deal points for business
relocation and lease terms and conditions.
• Managed the real estate development process,
land transaction, and agreements, of more than
2000 for sale and rental affordable housing units
for the City of Oxnard.
• Project manager and lead negotiator for 700
acre mixed-use development project and
adoption of a specific plan. Project entailed a
development agreement, and owner
participation agreement. Project includes 3000
housing units, 15% affordable housing, 2 million
square feet of commercial/retail, 3 new schools,
an Oxnard CityNentura County joint fire station,
new fully developed infrastructure, and parks
and trails system.
OUT &ABOUT
• California Association for Local Economic
Development
12
DIMA GALKIN, Senior Analyst
FOCUS AREAS
Economic Development, Fiscal Analysis,
Real Estate
WHAT I LOVE ABOUT WORK
When a client faces challenges, I am eager to
find new paths for success. I look for
innovative solutions to help cities improve their
budgetary and financial paradigms. I'll take on
any task to help cities efficiently provide better
services to their residents.
ABOUT ME
Dima contributes a strong interdisciplinary knowledge
base to RSG's project teams. He analyzes
demographic, socioeconomic and business data along
with trends to form recommendations for business
attraction, real estate development investment and
economic growth for cities. He composes Long Range
Property Management Plans. He creates maps,
graphs and other visual elements for different types of
projects to communicate research findings to a variety
of clients. He also assisted in the research and
implementation of a model focused on General Fund
revenue for economic development analysis.
Dim a joined RSG in 2013. He received a BA in Urban
Studies and Political Science from Washington
University in Saint Louis, and an MPL in Urban
Planning from the University of Southern California.
RECENT ENGAGEMENTS
• Calculated property taxes, pass-through payments,
and excess revenues for multiple clients, including
reviews of past receipts and projections of future
receipts.
• Collaborated with other staff members to estimate
development feasibility and impacts of different
types of projects in cities throughout California.
• Analyzed demographic, socioeconomic, and
business data and trends to form recommendations
for business attraction, real estate development
investment, and economic growth for several cities.
• Synthesized information from clients, proprietary
and other research, and site visits to help write, and
assist with implementation of, five Long-Range
Property Management Plans, with more than 300
properties total.
OUT&ABOUT
• American Planning Association
• California Association for Local Economic
Development
• Urban Land Institute
13
DOMINIQUE CLARK, Senior Analyst
FOCUS AREAS
Fiscal Analysis, Housing Monitoring, Research
WHAT I LOVE ABOUT WORK
My work with numbers, data, calculations, and
spreadsheets helps not just one person, but
large populations. My skills are valuable and
valued. It is strong motivation to work harder
and do better.
ABOUT ME
Dominique shares her knowledge and proficiency in
municipal finance, economic development policy
analysis, and quantitative research to advance client
and community objectives. Her work includes Fiscal
Consultant Reports, economic development analysis,
Long Range Property Management Plans, and
housing compliance monitoring.
Dominique joined RSG in 2013. She received a BA in
Sociology from Wheaton College and a Master of
Public Policy (MPP) from the University of Southern
California.
RECENT ENGAGEMENTS
• Prepared financial pro fonma feasibility model to
determine an affordable housing in-lieu impact fee
for a private development in the City of Aliso Viejo.
• Analyzed property sales, land use, tax roll data,
and assessment appeals data in preparation of
numerous Fiscal Consultant Reports.
• Researched and analyzed parcel data related to
sites for potential development in the City of San
Gabriel.
• Utilized RSG's pass-through payment model for
nine former redevelopment agencies to calculate
pass-through payments to taxing agencies for the
San Bernardino County Auditor-Controller.
• Engaged to conduct housing compliance
monitoring for several clients, including applicant
eligibility review, document preparation, and
quarterly property inspections.
OUT &ABOUT
• Urban Land Institute
• California Association for Local Economic
Development
14
JEFF KHAU, Analyst
FOCUS AREAS
Housing market analysis, Transportation policy
and planning, Data-driven outreach
WHAT I LOVE ABOUT WORK
The process of looking at big data and teasing
out hidden correlations is the most rewarding
part of my work. Beneath all those numbers is
a story, and it's my job to tell that story.
ABOUT ME
Jeff is committed to creating a positive impact in
communities. Using a data-driven and evidenced-
based approach to solving problems, he provides
stakeholders and policy-makers the tools they need
to make an informed decision about important
matters. He believes in ushering solutions that are
executable and cost-efficient.
Jeff joined RSG in 2015. He earned his Bachelor's
Degree in Business Administration form Chapman
University. He also holds a Master's in Urban
Planning and a Master's in Public Policy from the
University of Southern California.
RECENT ENGAGEMENTS
• Analyzed property taxes among various cities to
assess the impact of redevelopment agencies on
municipal structural deficit.
• Provided relocation assistance to displaced
business owners by curating listings of potential
new sites.
OUT &ABOUT
• Licensed California Broker (BRE #01891467)
• Chinese American Citizens Alliance
• Lions Club International -Orange County
Vietnamese American Chapter
15
MICHAEL DIETZ, Research Assistant
FOCUS AREAS
Community Development, Land Use Planning,
Urbanization
WHAT I LOVE ABOUT WORK
I am highly committed to the betterment of
communities through the adoption of creative
and progressive solutions. I enjoy thoroughly
analyzing research to ensure I discover and
understand the core character of the
community, and then using that knowledge to
help people improve their quality of life.
ABOUT ME
Michael brings an analytical and adaptable
background to RSG's project teams. He researches a
wide variety of data and translates it into a reliable
source of information. He also helps to create
graphs, charts, and other visual mediums to present
his findings. Furthermore, he assists in the drafting of
advanced plans, spreadsheets, and reports for
clients. His unique blend of knowledge allows him to
understand communities and solve problems. He is a
flexible and integral piece of the team.
Michael joined RSG in 2014. He received a Master's
Degree in Urban and Regional Planning from
University of California, Irvine and graduated with
magna cum laude honors with a BA in Psychology
from California State University, Long Beach.
RECENT ENGAGEMENTS
• Conducted various data analyses to evaluate a
community's economic health and future stability.
• Researched and analyzed the fiscal feasibility of
multiple potential new cities in California.
• Drafted a presentation examining the revenue
streams of various municipalities and comparing
them on a per capita basis.
OUT &ABOUT
• American Planning Association
16
NICOLE MILLER, Research Assistant
FOCUS AREAS
Community Development, Compliance
Monitoring, Affordable Housing
WHAT I LOVE ABOUT WORK
I enjoy contributing to the affordable housing
services RSG provides, in addition to
community development and financial
services. Through these areas, I feel that I
positively affect communities.
ABOUT ME
Nicole brings a public service background to the RSG
team. She researches a wide variety of data and
translates it into reliable sources of information. She
also provides assistance with housing compliance
data analysis and reporting. Her distinctive
knowledge and skill blend allows her to understand
and help solve community problems ..
Ms. Miller joined RSG in 2015. She received both
her Masters of Public Administration and Bachelors
of Arts, History, at California State University,
Fullerton.
RECENT ENGAGEMENTS
• Reviewed tenant occupancy file documentation
to ensure cities and properties meet low income
housing requirements.
• Assisted in preparing Financial Consulting
Reports.
• Researched various municipal codes and fee
structures for developers dependent upon the
intended project.
• Examined ROPS and RPTIF submissions for
several cities to establish the possible housing
dollars entering certain jurisdictions in the near
future.
• Aided with market research centered on
bringing business to cities.
OUT &ABOUT
• Pi Alpha Alpha-National Public Administration
Honors Society
17
Based upon conversations with City staff, the City will be rece1v1ng a
fiscal/economic/tourism/community benefit analysis prepared by a potential developer
during the week of May 15, 2015. The proposed Scope of Work is a peer review of this
analysis. The tasks associated with this assignment will be clarified by City staff
following receipt of the analysis prepared by the developer. RSG will submit an
addendum to this Statement of Qualifications and Proposal after coordinating with City
staff on the specific tasks.
18
RSG proposes to complete this assignment for a not-to-exceed fee of $30,000. It is
important to note that upon review of the analyses prepared by the proposed developer,
RSG will determine if this proposed budget will be sufficient to provide an in-depth peer
review that matches the breadth of the developer's analysis.
Staffing services provided by RSG will include, up to the following staff positions with the
associated billing rates:
Principal
Senior Associate
Senior Analyst (s)
Analyst
Research Assistant (s)
1
1
2
1
2
CURRENT 2015 HOURLY BILLING RATES & FEE SCHEDULE
Principal I Director $ 235
Senior Associate $ 180
Associate $ 160
Senior Analyst $ 135
Analyst $ 125
Research Assistant $ 110
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 1 0%
RSG does not charge clients for travel or mileage (except direct costs related to field
work/surveys), parking, telephone expenses, general postage or incidental copies.
However, we do charge for messenger services and overnight shipping/express mail
costs. Any third party data required will also be charged to the client. Typical examples
include copies of the equalized assessment roll and CoStar Market data. We also
charge for copies of reports, documents, notices, and support material in excess of five
(5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in
advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
19
Donna Heraty
From: Donna Heraty
Sent: Friday, May 22, 2015 3:40 PM
'hmosesman@webrsg.com'
REQUIRED CONFUCT OF INTEREST
Resolution No. 2015-050.pdf
To:
Subject:
Attachments:
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of
Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Carlsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code-Resolution No. 2015-050, the employee(s) of your company
that work directly with city staff are required to complete the Statement of Economic Interest Form (Form
700). Consultants are required to claim-
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is May 19, 2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00PM, JUNE 19, 2015.
Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, carlsbad, CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents you may use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
In addition, when your contract with the City of Carlsbad is completed, the consultant/vendor that filed the Assuming
Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date
the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days
following completion of the agreement.
**Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
1
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
Donna Heraty.
~. 'i {'. ~ CITY Of
CARLSBAD
Donna Heraty, CMC
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca .gov
P: 760-434-2808
F: 760-720-6917
donna.heraty@carlsbadca.gov
Please consider the environment before printing this e-mail
2
specified in the Task Description for the project (see paragraph 5 below). Extensions of time for
a specific Task Description may be granted if requested by Contractor and agreed to in writing
by the City Manager or the Division Director as authorized by the City Manager ("Director").
The City Manager or Director will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no
event shall a specific Task Description exceed the term of this Agreement.
5. COMPENSATION
, The cumulative total for all projects allowed pursuant to this Agreement will not exceed Thirty
thousand dollars ($30,000) per Agreement year. If the City elects to extend the Agreement, the
amount shall not exceed Thirty thousand dollars ($30,000) per Agreement year. Fees will be
paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified
in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project
Task Description and. Fee Allotment (the "Task Description") which, upon signature by
Contractor and for City, the City Manager or Director, will be considered a part of this
Agreement. The Task Description will include a detailed scope of services for the particular
project being considered and a statement of Contractor's fee to complete the project in
accordance with the specified scope of services. The Task Description will also include a
description of the method of payment and will be based upon an hourly rate, percentage of
project complete, completion of specific project tasks or a combination thereof.
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 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 the 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 wo_rk
done under this Agreement. At the 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
The City reserves the right to employ other Contractors in connection with the Services.
2 City Attorney Approved Version 4/1/15
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, 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 herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation 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 the City as an additional insured.
1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
1 0.1.2 Automobile Liability. (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
1 0.1.3 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.
3 City Attorney Approved Version 4/1/15
1 0.1.4 Professional Liability. Errors and om1ss1ons 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.
1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
1 0.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
1 0.2.3 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 anytime, 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
three (3) 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.
4 City Attorney Approved Version 4/1/15
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 Glen Van Peski Name Hitta Mosesman
Title CEO -Director Title Principal
Dept Community & Economic Address 309 West 4th Street
Development Santa Ana, CA 92701
CITY OF CARLSBAD
Address 1635 Farada:t Avenue Phone 714-316-2137
Carlsbad, CA 92008 Email hmoseman@webrsg.com
Phone 760-602-2783
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. The Contractor shall report
investments or interests in all four categories.
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. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. 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 ( 1 0) 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
5 City Attorney Approved Version 4/1/15
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.
20. TERMINATION
In the event of the 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 at the 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.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event 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.
21. 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.
22. 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 attorney's 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.
23. JURISDICTIONS AND VENUE
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.
24. 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
6 City Attorney Approved Version 4/1/15
of City, which shall not be unreasonably withheld.
25. 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.
26. 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_~/""'2,_,___ day of mfld4:_ , 2015:
CONTRACTOR CITY 0~ CARLSBAD, a mumcrpal ~ corporation of the State of California By~ 8~~J;~e£~0Jrector
as authorized by the City Manager
Alexa SmittleNice-President
(print name/title)
By:
(sign here)
Hitta Mosesman/Secretary
(print name/title)
ATTEST:
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.
CITY OF CARLSBAD, a municipal corporation of the State of California
APPROVED AS TO FORM:
CELIA A. WER, City Attorney
BY: z, ~-, ;t~/s-
ssistant City Attorney
7 City Attorney Approved Version 4/1/15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California()/~
County of __ ~-1<....!~1<....!-""""'--='--'""'7:~=-----')
on /,?. !Yl/JA/Jr cflO 15 before me, ~ /IW~JI./dar'f-ltJI;c. IJ _ (insert name and title of the? offlcer)
personally appeared /) }e£Ct. Srvll t/J~ , t2S g V U:£ rJ(~fJ(M ,
who proved to me on thebasis of satisfactory evidertce to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
'@· ERIN WOODMAS t ~ :r:..,; Commission 11 2026ll9 1 ~ :~~ Notary Public 'California I Orange Countv c~ /~ . M>C-·'""''"""21.2·1~ Signature~ w~ (Seal)
WITNESS my hand and official seal.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California/) ~
Countyof -~
On J} JYI~ JO./~
)
personally appeared ~~~:;.....;;_--=-""~'7'-""""""""""'"~:---'-t-:'-.::=..-=+-.;;__:=.::=.:...........:::.--=_;:o_~,__-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( ) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT"A"
Scope of Services
1. Third-party review services in the area of fiscal impact analysis, economic impact analysis,
tourism impact analysis, and community impact analysis.
2. Professional representation at public meetings; as well as attendance as requested at other
internal and external meeting.
3. Preparation of memo and reports summarizing findings, including incorporating peer
reviews performed by other firms.
4. Other duties as directed.
Standard Hourly Rates & Statement of Qualifications Attached
STATEMENT OF QUALIFICATIONS AND PROPOSAL
FOR CONSULT ANT SERVICES
PEER REVIEW OF
FISCAL & ECONOMIC IMPACT/TOURISM/COMMUNITY BENEFIT ANALYSIS
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RSG
BETTER COMMUNITIES.
BOLDER FUTURES.
ROSENOW SPEVACEK GROUP, INC.
309 West 41h Street
Santa Ana, CA 92701
714.316.2137
Hitta Mosesman, Principal
hmosesman(wwebrsg.com
Curtis Cannon, Senior Associate
~can rwn(O)web~..&om
May 7, 2015
TABLE OF CONTENTS
Transmittal Letter ................................................................................................ 1
Company Profile and Qualifications .................................................................... 3
Experience and References ............................................................................... 6
Staffing ............................................................................................................. 10
Scope of Work .................................................................................................. 18
Proposed Budget .............................................................................................. 19
RSG
BETTER COMMUNITIES. BOLDER FUTURES.
May 7, 2015
Mr. Kevin Pointer, Management Analyst
Economic Development Department
CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
ROSENOW SPEVACEK GROUP INC.
309 WEST 4TH STREET
SANTA ANA, CALIFORNIA
92701-4502
T 714 541 4585
F 714 5411175
E INFO@WEBRSG.COM
WEBRSG.COM
Via Electronic Mail
STATEMENT OF QUALIFICATION AND PROPOSAL -FISCAL & ECONOMIC
IMPACT, TOURISM AND COMMUNITY BENEFIT ANALYSIS
Dear Mr. Pointer:
RSG is pleased to present this Statement of Qualifications and Proposal for the City of
Carlsbad ("City"). After speaking with you earlier this week, we understand that the City
wishes to enter into a Master Services Agreement by May 12, 2015 for a peer review of
the following analyses:
• Fiscal Impact Analysis
• Economic Impact Analysis
• Tourism Impact Analysis
• Community Benefit Analysis
It is our understanding that the City is currently in discussion regarding a significant
development project consisting of up to 600,000 square feet of retail uses. In order to
evaluate this proposed project, the City would like to retain a consultant to complete the
analyses listed above within 30 days of executing a contract with the chosen consultant
to complete this work.
RSG is a preeminent Southern California real estate advisory consulting firm with over
35 years of experience in serving cities, counties, and housing authorities throughout
California. We offer a wide range of the essential consulting services, including:
./ Economic Analysis
./ Financial Evaluation,
./ Project Feasibility Analysis
./ Market Research
./ Strategic Planning
./ Community Development Strategies
./ Revenue Modeling
./ Project Implementation Services
Our expertise includes a broad knowledge base of practical experience from analyzing
over 700 commercial, residential, industrial, and mixed-use projects. In total, RSG has
analyzed nearly $50 billion in real estate development, resulting in the construction of
over 11,000 residential units, 4,250 hotel rooms, and over 100 million square feet of
FISCAL HEALTH
ECONOMIC DEVELOPMENT
REAL ESTATE, HOUSING
AND HEALTHY COMMUNITIES
commercial, industrial, office, retail, and mixed-use buildings. Our team is a recognized
leader in the industry, retained by over 90 cities and counties each year.
The following is the principal contact information, and project manager for this
engagement:
Hitta Mosesman
Principal
Direct Phone: 714-316-2137
Mobile Phone: 949-291-3729
Email: hmosesman@webrsg. com
Curtis Cannon
Senior Associate
Direct Phone: 714-316-2136
Mobile Phone: 805-814-0188
Email: ccannon@webrsg.com
Corporate Offices-309 West 4th Street, Santa Ana, CA 92701-4502
We look forward to discussing this project with you further. Please call us with any
questions.
Sincerely,
ROSENOW SPEVACEK GROUP
Hitta Mosesman, Principal Curtis Cannon, Senior Associate
2
MISSION STATEMENT
"RSG creates solutions to enhance communities' physical, economic, and social future."
CORE VALUES
All of our work aligns with our core values -they define who we are as people, how we
can be expected to work, and what our clients can expect from our consulting services.
These include:
+ Social and community responsibility
+ Creativity and innovation
+ Excellence in products and services
+ Honest and ethical behavior above all else
CORPORATE INFORMATION
Rosenow Spevacek Group, Inc. is a California-based, Subchapter "S" corporation.
Founded in 1979, the firm provides a wide array of community development consulting
services to local government organizations and private entities. Ownership is divided
among four shareholders, including Principals Jim Simon, Hitta Mosesman, Alexa
Smittle, and Tara Matthews.
Our corporate offices are located in Santa Ana, California. The majority of our
employees work out of our Santa Ana office, although we have several employees
working from remote offices in San Francisco, Sacramento, and San Diego.
To better assist and more fully represent our clients in the delivery of real estate
advisory, property acquisition and disposition, and asset management services, RSG
maintains a California Corporate Real Estate Brokers License (CA BRE #01930929).
3
RSG STAFF
RSG has a staff of 21 consulting staff, exclusive of sub-consultants. A breakdown of our
staff is presented below.
Principals/Partners
Directors/Senior Associates
Associates
Senior Analysts/Analysts
Research Assistants
Technicians
Administrative
Total Professional Staff
4
3
6
3
2
1
2
21
Our staff is highly experienced in bringing a wide variety of real estate developments to
fruition. In total, RSG has analyzed nearly $50 billion in real estate development,
resulting in the construction of over 11 ,000 residential units, 4,250 hotel rooms, and over
100 million square feet of commercial, industrial, office, retail, and mixed-use buildings.
QUALIFICATIONS
RSG has a 35-year history of bringing a wealth of knowledge in the real estate and
economic development fields -not only from our extensive experience in providing
these services, but also through our first-hand experience in real estate brokerage,
investment, development, construction, entitlements, and project design. Our real estate
professionals engage in a wide variety of projects for the firm , but also keep abreast of
the latest industry trends through professional associations such as the Urban Land
Institute, International Council of Shopping Centers, and California Realtors Association,
as well as other local organizations. Innovative solutions, attention to detail, and
adherence to project schedules are signatures of our service. Our real estate consulting
services include, but are not limited to, the following activities.
FISCAL AND ECONOMIC IMPACT ANALYSES
In many circumstances, understanding the big picture is just as important as the single
project. Other times, the big picture is the project. Public agencies and private
developers look to RSG when they need to know the ongoing municipal revenues and
service costs, employment, community benefits, and secondary impacts of a
development project or land use plan.
LAND USE ECONOMICS
Key to the success of many land use plans, such as general plans, specific plans, and
corridor strategies are their market viability and economic feasibility. RSG is
experienced in analyzing and determining the land use economics for such plans, and
recommending alternatives and changes were necessary.
4
MARKET ANALYSIS AND RESEARCH
RSG conducts detailed economic and market research using reliable industry data
resources corroborated by first-hand field research and local market evaluations to
identify viable implementation strategies and investment opportunities. Identification of
niche market opportunities for local communities based on consumer preferences and
research, and understanding long-term demographic and land use trends are our
specialty. As an alternative to traditional market studies, RSG is also working to pioneer
the development of trends analysis; market studies that analyze local economic drivers
over a longer period of time in order to align strategic planning with land use policies.
SITE ASSESSMENT AND POSITIONING
RSG brings a highly experienced consultant team comprised of former real estate
investors, developers, and public sector officials, who are skilled in performing land use
programming, highest and best use analyses, property valuation analyses, and feasible
development strategies. RSG also specializes in repositioning existing assets and
formulating reuse strategies to reinvigorate communities and provide new revenues to
municipalities.
PROPERTY ACQUISITION
RSG offers full-service real estate acquisition services. From site identification, to tenant
relocation once the property has been acquired, RSG is truly a one-stop shop for clients
who wish to simplify the acquisition process. We offer services related to site selection,
valuation analyses, negotiations, hazardous material surveys and removal coordination,
escrow coordination, condemnation process coordination, and tenant relocation .
PUBLIC/PRIVATE PARTNERSHIPS
RSG has extensive experience in assisting public agencies and private developers
structure public/ private partnerships. Our team is proficient in completing pro forma and
investment analyses, including financial funding gap analyses and strategies to eliminate
them , in order to ensure a transaction is completed and the project constructed.
PROPERTY DISPOSITION
RSG understands how to effectively stimulate interest from highly experienced and
financially capable developers. RSG has the requisite knowledge and extensive
experience necessary to bring complex public-private transactions to fruition , including
disposition and development agreements, owner participation agreements, long-term
ground leases, as well as required legal documents.
IMPLEMENTATION AND DEVELOPMENT
RSG is highly experienced in assisting public sector clients with the management of
construction projects (including those that are LEED certified), property rehabilitation,
and related programs. Many of our clients wish to retain greater control over
development projects but lack the staff or experience to do so. RSG can help by either
advising or managing each step of the construction process.
5
RSG brings forward over 35 years of experience advising public agencies and
developers on infill reuse projects, totaling more than $5 billion in total asset value. We
provide clients real estate advisory services, including fiscal impact, economic impact,
pro forma and financial feasibility analysis, underwriting analysis, and equity analysis.
In order to keep this proposal succinct, RSG has outlined below some case studies on
projects entailing analysis and outcomes similar to the proposed assignment. We
encourage you to contact our references, or follow up with any additional questions.
Project Project Description Client I Contact
San Carlos Transit Village Evaluated fiscal and feasibility City of San Carlos
El Camino Real, San Carlos impacts of reduced density of
project in response to public AISavay
July 2013 concern over height and Community
Currently in plan check density. Original proposal Development Dir.
entailed a 415,869 sf mixed 650.802.4209
use project surrounding
CaiTrain depot, as compared to
the lower density 300,000 sf
project that was ultimately
approved.
The Heritage Prepared fiscal and economic Vineyards
2001 E. Dyer Rd, Santa Ana impact analysis of redeveloping Development Inc.
18.84 acre industrial property. (Applicant)
February 2015 Developer is proposing 1,401
Currently in environmental multifamily units along with John Shumway
review nearly 20,000 sf of retail and The Concord
restaurant use. Group
949.717.6450
7
Project Project Description Client I Contact
Wheeler Plaza TOO Preparation of development City of San Carlos
San Carlos & Walnut, San feasibility and fiscal impact
Carlos analysis for award-winning AISavay
TOO project consisting of 1 08 Community
February 2013 condominiums, 9,500 sf of Development Dir.
Construction starts Feb retail, 2 levels of subterranean 650.802.4209
2016 public and private parking, and
a public plaza
Grand Avenue Los Prepared feasibility and City of Los Angeles
Angeles economic impact assessment
100 S. Grand Av, Los for the City's Office of the Chief John Wickham,
Angeles Legislative Analyst, which led Office of the Chief
to the latest subvention Legislative Analyst
April2014 agreement with The Related 213.473.5738
Development program Companies. Redevelopment of
changing the site would result in
development of 24-and 37-
story residential, luxury retail
and hotel uses above a parking
garage, designed by Frank
Gehry.
Edge As an adjunct to our developer City Ventures
4300 N. Harbor Blvd, client's application to redevelop (Applicant)
Fullerton the former 44-acre Beckman
Coulter campus, RSG prepared Kim Prijatel,
April2015 a market study, feasibility, and Vice President of
Study delivered to client fiscal impact analysis for the Development
development of a mixed use
project consisting of 300 949.258.7555
multifamily units, 525 for-sale
townhome units, and 230,190
sf of innovative office and retail
uses
7
Project
Village at Westfield
Topanga
Topanga Canyon Blvd, LA
March 2013/ January 2014
Project under construction
Joint First Responders
Training Facility
City of Carlsbad
Project Description
RSG prepared a feasibility
study and economic/fiscal
impact analysis of the
development of a 450,000
square foot open-air lifestyle
center. Under a development
agreement with the City, the
project would create significant
public benefits, including a
public plaza, community
meeting room , programming
events and new community
amenities for the West Valley
area.
The City of Carlsbad evaluated
the costs and benefits of
building a state of the art public
safety training facility as a firing
range, fire training , and public
works training facility. The City
retained RSG to:
• Verify projected operations
costs.
• Identify potential public and
private agency users to
share the facility.
• Verify operating cost
projections.
• Identify current City public
safety training costs, fuel
and vehicle maintenance
cost savings.
• Identify potential public and
private agencies that may
use the facility.
• Prepare a business plan to
capture outside agency
interest and to recover
facility operating costs.
• City Council briefings and
public presentations were
also an integral component
of the project.
Client I Contact
City of Los Angeles
lvania Sobalvarro
Office of the Chief
Legislative Analyst
213.473.5745
City of Carlsbad
Public Works
Department
8
Project
Core Business Process
Analysis
City of Carlsbad
Project Description
RSG was retained to evaluate
the core business processes in
the newly formed
Transportation Department at
the City of Carlsbad. Tasks
included:
• Identifying the department
core services and the best
possible delivery methods
to deliver these services
• Characterizing these
services by functional cost,
staffing levels, service level
measurements and
customer service
expectations
• Compare in-house delivery
of these services to
alternative delivery
scenarios
• Examine potential
consolidations, outsourcing,
and shared services with
neighboring jurisdictions.
Client I Contact
City of Carlsbad
Public Works
Department
9
STAFFING
Hitta Mosesman will be the Principal-in-Charge, with Curtis Cannon, Senior Associate,
will act as Project Manager for this engagement. Ms. Mosesman would direct, review
and oversee all aspects of this engagement, while Mr. Cannon will be responsible for
managing the day-to-day activities, project components and preparation of the report
with RSG's findings .
Other members of the consulting team include Dim a Gal kin and Dominique Clark, Senior
Analysts who will be tasked with analyzing data sources, evaluating financial and
economic models, drafting portions of the report of findings, and providing supporting
functions. Jeff Khau, Analyst, Michael Dietz and Nicole Miller, Research Assistants, will
be responsible for research, data gathering and identifying data sources. Other
professional staff may be assigned as needed.
Resumes of key RSG staff follow.
10
HITTA MOSESMAN, Principal/Secretary
FOCUS AREAS
Municipal Finance, Fiscal Health, Economic
Development, Real Estate
WHAT I LOVE ABOUT WORK
I have the chance to discover and build upon
the unique qualities and character present in
every community. I help communities improve
and thrive in the face of challenges to
revenues and increased levels of services.
ABOUT ME
Hitta produces solutions to community problems with her
expertise in public financing opportunities and economic
development. She forms dynamic collaborations with
her clients large and small, ranging from cities to public
entities and agencies. Her work includes property tax
projections, real estate valuation analysis, cash flow
analyses, successor agency consulting, methodology
reviews, audits of assessed value projections, and fiscal
impact analyses.
Hitta originally joined RSG in 1989 as an intern while
completing her BS ih Economics with a minor in
Business Management from the University of California,
Irvine. After working for two boutique municipal
consulting firms, Hitta re-joined RSG in 1996.
RECENT ENGAGEMENTS
• Calculated multiple cash flow analysis scenarios to
determine the maximum amount of loan repayment
(and most beneficial repayment structure) to a city to
fund a large-scale and regionally-significant recreation
area in Orange County.
• Prepared complex property disposition plan for a
former redevelopment agency that owns over 100
properties, including a valuation analysis of each
property.
• Formulated multi-year property tax projections for a
large special district for budgeting purposes. These
projections incorporate new development projects,
appeals, and annexations, as well as an economic
analysis to forecast future growth rates in assessed
valuation.
OUT &ABOUT
• League of California Cities City Manager's Group,
Economic Development Focus Group Member
• Speaker, San Gabriel Valley City Manager's
Association (League of California Cities) on Economic
Development
• California Association for Local Economic
Development
• Certified personal trainer
11
Curtis P. Cannon, Senior Associate
FOCUS AREAS
Real Estate Development, Economic
Development and Housing.
WHAT I LOVE ABOUT WORK
I love the opportunity to help cities, counties ,
and local jurisdictions, in creating new and
revitalized development projects and programs
for fiscal strength, economic development, and
affordable housing programs and projects, to
reach their greatest potential and return on the
public investments.
ABOUT ME
With over 24 years of public sector experience, Curtis
manages economic development, real estate
development, and affordable housing
initiatives. Curtis is an expert in public/private sector
community development projects and programs. He
provides technical reviews and negotiations
assistance for property acquisition/disposition and
development agreements, as well as affordable
housing projects. He performs project site
development review and analysis, and market
viability from a broad range of perspectives. He has
extensive experience with helping California
municipal jurisdictions in developing strategic plans
and identifying highest and best use for public and
private properties in the areas of community
development, economic development, and housing.
Curtis recently joined RSG in 2015. He received a
Master's Degree in Public Administration from
California State University Northridge, and a
Bachelor's Degree in Public Administration from the
University of La Verne, with a minor in Business
Administration. He also completed an Associates
Degree in Business Management, from Citrus
College.
RECENT ENGAGEMENTS
• Project manager for negotiations of property
acquisition and real estate development
agreements, and programs and projects
implementation to fulfill the objectives of public
agencies.
• Conducted property analysis and prepared
structured negotiation deal points for business
relocation and lease terms and conditions.
• Managed the real estate development process,
land transaction, and agreements, of more than
2000 for sale and rental affordable housing units
for the City of Oxnard.
• Project manager and lead negotiator for 700
acre mixed-use development project and
adoption of a specific plan. Project entailed a
development agreement, and owner
participation agreement. Project includes 3000
housing units, 15% affordable housing, 2 million
square feet of commercial/retail, 3 new schools,
an Oxnard CityNentura County joint fire station,
new fully developed infrastructure, and parks
and trails system.
OUT &ABOUT
• California Association for Local Economic
Development
12
DIMA GALKIN, Senior Analyst
FOCUS AREAS
Economic Development, Fiscal Analysis,
Real Estate
WHAT I LOVE ABOUT WORK
When a client faces challenges, I am eager to
find new paths for success. I look for
innovative solutions to help cities improve their
budgetary and financial paradigms. I'll take on
any task to help cities efficiently provide better
services to their residents.
ABOUT ME
Dima contributes a strong interdisciplinary knowledge
base to RSG's project teams. He analyzes
demographic, socioeconomic and business data along
with trends to form recommendations for business
attraction, real estate development investment and
economic growth for cities. He composes Long Range
Property Management Plans. He creates maps,
graphs and other visual elements for different types of
projects to communicate research findings to a variety
of clients. He also assisted in the research and
implementation of a model focused on General Fund
revenue for economic development analysis.
Dim a joined RSG in 2013. He received a BA in Urban
Studies and Political Science from Washington
University in Saint Louis, and an MPL in Urban
Planning from the University of Southern California.
RECENT ENGAGEMENTS
• Calculated property taxes, pass-through payments,
and excess revenues for multiple clients, including
reviews of past receipts and projections of future
receipts.
• Collaborated with other staff members to estimate
development feasibility and impacts of different
types of projects in cities throughout California.
• Analyzed demographic, socioeconomic, and
business data and trends to form recommendations
for business attraction, real estate development
investment, and economic growth for several cities.
• Synthesized information from clients, proprietary
and other research, and site visits to help write, and
assist with implementation of, five Long-Range
Property Management Plans, with more than 300
properties total.
OUT&ABOUT
• American Planning Association
• California Association for Local Economic
Development
• Urban Land Institute
13
DOMINIQUE CLARK, Senior Analyst
FOCUS AREAS
Fiscal Analysis, Housing Monitoring, Research
WHAT I LOVE ABOUT WORK
My work with numbers, data, calculations, and
spreadsheets helps not just one person, but
large populations. My skills are valuable and
valued. It is strong motivation to work harder
and do better.
ABOUT ME
Dominique shares her knowledge and proficiency in
municipal finance, economic development policy
analysis, and quantitative research to advance client
and community objectives. Her work includes Fiscal
Consultant Reports, economic development analysis,
Long Range Property Management Plans, and
housing compliance monitoring.
Dominique joined RSG in 2013. She received a BA in
Sociology from Wheaton College and a Master of
Public Policy (MPP) from the University of Southern
California.
RECENT ENGAGEMENTS
• Prepared financial pro fonma feasibility model to
determine an affordable housing in-lieu impact fee
for a private development in the City of Aliso Viejo.
• Analyzed property sales, land use, tax roll data,
and assessment appeals data in preparation of
numerous Fiscal Consultant Reports.
• Researched and analyzed parcel data related to
sites for potential development in the City of San
Gabriel.
• Utilized RSG's pass-through payment model for
nine former redevelopment agencies to calculate
pass-through payments to taxing agencies for the
San Bernardino County Auditor-Controller.
• Engaged to conduct housing compliance
monitoring for several clients, including applicant
eligibility review, document preparation, and
quarterly property inspections.
OUT &ABOUT
• Urban Land Institute
• California Association for Local Economic
Development
14
JEFF KHAU, Analyst
FOCUS AREAS
Housing market analysis, Transportation policy
and planning, Data-driven outreach
WHAT I LOVE ABOUT WORK
The process of looking at big data and teasing
out hidden correlations is the most rewarding
part of my work. Beneath all those numbers is
a story, and it's my job to tell that story.
ABOUT ME
Jeff is committed to creating a positive impact in
communities. Using a data-driven and evidenced-
based approach to solving problems, he provides
stakeholders and policy-makers the tools they need
to make an informed decision about important
matters. He believes in ushering solutions that are
executable and cost-efficient.
Jeff joined RSG in 2015. He earned his Bachelor's
Degree in Business Administration form Chapman
University. He also holds a Master's in Urban
Planning and a Master's in Public Policy from the
University of Southern California.
RECENT ENGAGEMENTS
• Analyzed property taxes among various cities to
assess the impact of redevelopment agencies on
municipal structural deficit.
• Provided relocation assistance to displaced
business owners by curating listings of potential
new sites.
OUT &ABOUT
• Licensed California Broker (BRE #01891467)
• Chinese American Citizens Alliance
• Lions Club International -Orange County
Vietnamese American Chapter
15
MICHAEL DIETZ, Research Assistant
FOCUS AREAS
Community Development, Land Use Planning,
Urbanization
WHAT I LOVE ABOUT WORK
I am highly committed to the betterment of
communities through the adoption of creative
and progressive solutions. I enjoy thoroughly
analyzing research to ensure I discover and
understand the core character of the
community, and then using that knowledge to
help people improve their quality of life.
ABOUT ME
Michael brings an analytical and adaptable
background to RSG's project teams. He researches a
wide variety of data and translates it into a reliable
source of information. He also helps to create
graphs, charts, and other visual mediums to present
his findings. Furthermore, he assists in the drafting of
advanced plans, spreadsheets, and reports for
clients. His unique blend of knowledge allows him to
understand communities and solve problems. He is a
flexible and integral piece of the team.
Michael joined RSG in 2014. He received a Master's
Degree in Urban and Regional Planning from
University of California, Irvine and graduated with
magna cum laude honors with a BA in Psychology
from California State University, Long Beach.
RECENT ENGAGEMENTS
• Conducted various data analyses to evaluate a
community's economic health and future stability.
• Researched and analyzed the fiscal feasibility of
multiple potential new cities in California.
• Drafted a presentation examining the revenue
streams of various municipalities and comparing
them on a per capita basis.
OUT &ABOUT
• American Planning Association
16
NICOLE MILLER, Research Assistant
FOCUS AREAS
Community Development, Compliance
Monitoring, Affordable Housing
WHAT I LOVE ABOUT WORK
I enjoy contributing to the affordable housing
services RSG provides, in addition to
community development and financial
services. Through these areas, I feel that I
positively affect communities.
ABOUT ME
Nicole brings a public service background to the RSG
team. She researches a wide variety of data and
translates it into reliable sources of information. She
also provides assistance with housing compliance
data analysis and reporting. Her distinctive
knowledge and skill blend allows her to understand
and help solve community problems ..
Ms. Miller joined RSG in 2015. She received both
her Masters of Public Administration and Bachelors
of Arts, History, at California State University,
Fullerton.
RECENT ENGAGEMENTS
• Reviewed tenant occupancy file documentation
to ensure cities and properties meet low income
housing requirements.
• Assisted in preparing Financial Consulting
Reports.
• Researched various municipal codes and fee
structures for developers dependent upon the
intended project.
• Examined ROPS and RPTIF submissions for
several cities to establish the possible housing
dollars entering certain jurisdictions in the near
future.
• Aided with market research centered on
bringing business to cities.
OUT &ABOUT
• Pi Alpha Alpha-National Public Administration
Honors Society
17
Based upon conversations with City staff, the City will be rece1v1ng a
fiscal/economic/tourism/community benefit analysis prepared by a potential developer
during the week of May 15, 2015. The proposed Scope of Work is a peer review of this
analysis. The tasks associated with this assignment will be clarified by City staff
following receipt of the analysis prepared by the developer. RSG will submit an
addendum to this Statement of Qualifications and Proposal after coordinating with City
staff on the specific tasks.
18
RSG proposes to complete this assignment for a not-to-exceed fee of $30,000. It is
important to note that upon review of the analyses prepared by the proposed developer,
RSG will determine if this proposed budget will be sufficient to provide an in-depth peer
review that matches the breadth of the developer's analysis.
Staffing services provided by RSG will include, up to the following staff positions with the
associated billing rates:
Principal
Senior Associate
Senior Analyst (s)
Analyst
Research Assistant (s)
1
1
2
1
2
CURRENT 2015 HOURLY BILLING RATES & FEE SCHEDULE
Principal I Director $ 235
Senior Associate $ 180
Associate $ 160
Senior Analyst $ 135
Analyst $ 125
Research Assistant $ 110
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 1 0%
RSG does not charge clients for travel or mileage (except direct costs related to field
work/surveys), parking, telephone expenses, general postage or incidental copies.
However, we do charge for messenger services and overnight shipping/express mail
costs. Any third party data required will also be charged to the client. Typical examples
include copies of the equalized assessment roll and CoStar Market data. We also
charge for copies of reports, documents, notices, and support material in excess of five
(5) copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in
advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
19
Donna Heraty
From: Donna Heraty
Sent: Friday, May 22, 2015 3:40 PM
'hmosesman@webrsg.com'
REQUIRED CONFUCT OF INTEREST
Resolution No. 2015-050.pdf
To:
Subject:
Attachments:
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of
Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Carlsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code-Resolution No. 2015-050, the employee(s) of your company
that work directly with city staff are required to complete the Statement of Economic Interest Form (Form
700). Consultants are required to claim-
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is May 19, 2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00PM, JUNE 19, 2015.
Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, carlsbad, CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents you may use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
In addition, when your contract with the City of Carlsbad is completed, the consultant/vendor that filed the Assuming
Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date
the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days
following completion of the agreement.
**Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
1
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
Donna Heraty.
~. 'i {'. ~ CITY Of
CARLSBAD
Donna Heraty, CMC
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca .gov
P: 760-434-2808
F: 760-720-6917
donna.heraty@carlsbadca.gov
Please consider the environment before printing this e-mail
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