HomeMy WebLinkAbout1992-01-14; City Council; 11509; COMMUNITY FACILITY DISTRICT NO. 1 SELECTION OF ADMINISTRATIVE SERVICES CONSULTANT7
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/ CITOF CARLSBAD - AGENm BILL /*
AB # /(<(? 9 TITLE: DEI
CI1 DEPT.
RECOMMENDED ACTION:
MTG, 1/14/92 COMMUNITY FACILITY DISTRICT NO. 1 Cll FIN SELECTION OF ADMINISTRATNE
SERVICES CONSULTANT
Adopt Resolution No. 9a - I 5 selecting Kadie-Jensen, Johnson & Bodnar
the consultant firm to perform administrative services and appropriating fu~
for the Community Facility District No. 1.
ITEM EXPLANATION
In May 1991, property owners of vacant land within the City of Carlsbad VOI
to establish the Community Facility District (CFD) No. 1. With the formation
the CFD, the City assumed certain responsibilities including debt issuance a
management, setting and collection of taxes, dealing with possible defau'
placement and removal of tax liens, and construction of capital projects.
addition, careful coordination between Community Development and the Fina
Department is required to provide accurate property information for changj
land use designations, parcel segregation data, collection of taxes and develo]
fees, and other administrative tasks related to managing the new district. 1
CFD currently includes about 900 parcels and is expected to double as la
moves through the development process. Because the City is committed
allowing assessment passthroughs only on non-residential property, concenkar:
staff support of the district is imperative. It is essential that focused support
CFD No. 1 be immediately implemented.
The consulting firm of Kadie-Jensen, Johnson & Bodnar will assist in t
development and implementation of the necessary processes, systems, procedui
and programming to administer CFD No. 1. Their consulting firm is experienc
in the area of initial organization, administration, and management of commun
facility districts. Barbara Hale, previously of NBS-Lowry, will have prhx
responsibility for carrying out these services.
Previous experience with Kadie-Jensen, Johnson & Bodnar as financial advisor
several bond issues has been very positive. The consulting firm of Kadie-Jensl Johnson & Bodnar was utilized in the formation and initial stages of the CFD
create tax formulas, cash flow analyses, and assist in the implementation of t
rates. This extension of their previous services will allow the City to utilize t
expertise gained by Kadie-Jensen, Johnson & Bodnar in the creation of t
district. Because of their specific knowledge and experience with CFD No. 1 a
the requirement for immediate consulting assistance, the Purchasing Officer
waiving the requirement for solicitation of multiple proposals. Staff recommen
retaining Kadie-Jensen, Johnson & Bodnar on a one year not-to-exceed contrz
of $80,000, with the option of extending the contract for three additional yea
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Page Two of Agenda Bill No. /<, 5 G 7
FISCAL IMPACT
Approximately $2 million of CFD No. 1 taxes were established by Council and placed
County tax rolls for 560 parcels for fiscal year 1991-92. These funds will be used
debt service on the anticipated $6 to $7 million bond issue for the South Carlsl:
Library and to fund the I-S/Palomar Airport Road interchange. A City administrative j
of $100,000 is also included in the 1991-92 CFD taxes. The fee will be used to fu
Kadie-Jensen, Johnson & Bodnar consulting services and other City administrative coz
EXHIBITS
1. Resolution No. 9 $! - I 5 selecting Kadie-Jensen, Johnson & Bodnar
administrative consultant and appropriating funds in the Community Facilit
District No. 1.
2. Consulting Agreement with Kadie-Jensen, Johnson & Bodnar.
3. Kadie-Jensen, Johnson & Bodnar Proposal for consulting services.
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4. That the fees and compensation for said services shall nc
exceed $80,000 and shall be as described in the attached proposal which
incorporated herein by reference.
5. That, at Ciws option, the consultant agreement may 1
extended for three years.
6. That the Mayor is authorized to sign the attached consultai
agreement.
7. That $100,000 is appropriated into the Community Facilitic
District No. 1 Fund for consulting services and City administrative service
PASSED, APPROVED AND ADOPTED at a regular meeting (
the City Council of the City of Carlsbad on the 14th day of January
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stant
NOES: None
Nygaard
ABSENT: None
CL%UDrA. LEWIS, Mayor
ATTEST:
Z, Ci Clerk 7. k?eLGp KAREN R. KUNDTZ, TEN ssistant ity Clerk
(SEAL)
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RESOLUTION NO. 9 2 - 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, SELECTING KADIE-JENSEN, JOHNSON & BODNAR AS ADMINISTRATIVE CONSULTANT
AND APPROPRIATING FUNDS FOR COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the City of Carlsbad is responsible for administration (
Community Facilities District (CFD) No. 1,
WHEREAS, the City requires the services of a consultant to assist i
the development and implementation of the necessary processes, system
procedures and programming to administer CFD No. 1,
WHEREAS, funding for administrative services is included in the 1991
92 CFD No. 1 taxes,
WHEREAS, the City has selected Kadie-Jensen, Johnson & Bodnar a
the consultant firm to perform CFD No. 1 administrative services because c
their specific knowledge and experience with CFD No. 1.
NOW, THEREFORE BE IT RESOLVED by the City Council of the Cit I
of Carlsbad, California as follows:
1.
2.
That the above recitations are true and correct.
That the requirement for solicitation of multiple proposals i
waived by the Purchasing Officer as provided in Section 3.28.150 of th
Carlsbad Municipal Code.
3. That Kadie-Jensen, Johnson & Bodnar shall act as consultar
administrator for CFD No. 1.
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EXHIBIT 2
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT, made and entered into as of the /e day of
19%by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and Kadie-Jensen, Johnson & Bodnar,
Municipal Financing Consultants, Inc., hereinafter referred to as "Consultant".
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RECITALS
City requires the services of a municipal financing consultant to provide
assistance in the administration of Community Facilities District No. 1; and
Consultant possesses the necessary skills and qualifications to provide the services
required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
Consultant will provide consulting services to the City to assist in the development
and/or implementation of the necessary processes, systems, procedures and
programming to administer Community Facilities District No. 1. Services Will be
performed on a task by task basis with the first such task being to assist in setting
up the scope of work and precise objectives to be achieved. Consultant will provide
written budget for such services.
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2. CITY OBLIGATIONS
The City shall approve services to be performed on a task by task basis. The
City Financial Management Director, Finance Director, and Assistant Finance
Director are authorized City staff to approve services and budget for services.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6,
"Payment of Fees," and shall be $80,000. No other compensation for services will
be allowed except those items covered by supplemental agreements per Paragraph
7, "Changes in Work."
5. DURATION OF CONTRACI'
This agreement shall extend for a period of one (1) year from date thereof.
The contract may be extended for three (3) additional one (1) year periods or parts
thereof, based upon satisfactory performance and the Citfs needs.
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6. PAY"T OF FEES
Fees for services will be based on the hourly rates shown below plus
reimbursement for out-of-pocket expenses. The maximum of such payment for any
specific task will not exceed Consultant's budget of the cost for performing that task
without specific authorization of the City.
Hourly Rates: Barbara Hale $80.00
Carl Kadie $130.00
7. CHANGESINWORK
If, in the course of the contract, changes seem merited by the Consultant or
the City, and informal consultations with the other party indicate that a change in
the conditions of the contract is warranted, the Consultant or the City may request
a change in contract. Such changes shall be processed by the City in the following
manner: A letter outlining the required changes shall be forwarded to the City by
Consultant to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
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8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other a bona fide employee working for the Consultant, to
solicit or secure this agreement, and that Consultant 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, the City shall 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 such fee, commission, percentage, brokerage
fees, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
10. TERMINATION OF CONTRAm
In the event of the Consultant's failure to prosecute, deliver, or perform the
work as provided for in this contract, the City may terminate this contract for
nonperformance by notifying the Consultant by certified mail of the termination of
the Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the Finance Director.
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The Finance Director shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the contract completed. Based
upon that finding as reported to the City Manager, the Manager shall determine the
final payment of the contract.
11. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions,
if they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the
Consultant or the City Attorney. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Attorney or principal receiving
the letter shall reply to the letter along with a recommended method of resolution
within ten (10) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council
for their resolution through the Office of the City Manager. The City Council may
then opt to consider the directed solution to the problem. In such cases, the action
of the City Council shall be binding upon the parties involved, although nothing in
this procedure shall prohibit the parties seeking remedies available to them at law.
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12. SUSPENSION OR TERMINATION OF SERWCES
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be paid for work
performed to the termination date; however, the total shall not exceed the lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s
own way as an independent contractor and in pursuit of Consultant‘s independent
calling, and not as an employee of the City. Consultant shall be under control of
the City only as to the result to be accomplished, but shall consult with the City as
provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made
to the Consultant pursuant to the contract shall be the full and complete
compensation to which the Consultant is entitled. The City shall not make any
federal or state tax withholdings on behalf of the Consultant. The City shall not be
required to pay any workers’ compensation insurance on behalf of the Consultant.
The Consultant agrees to indemnify the City for any tax, retirement contribution,
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social security, overtime payment, or workers’ compensation payment which the City
may be required to make on behalf of the Consultant or any employee of the
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
14. CONFORMITY TO LEGAL RE0U);REMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide
all necessary supporting documents, to be filed with any agencies whose approval
is necessary.
The City will provide copies of the approved plans to any other agencies.
15. OWNERSHIPOFDOCUMENTS
AU plans, studies, sketches, drawings, reports, programs, and specifications
as herein required are the property of the City, whether the work for which they are
made be executed or not. In the event this contract is terminated, all documents,
plans, specifications, drawings, reports, programs, and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one (1) copy of the
documents for his/her records.
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16. REPRODUCITON RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims,
liabilities, penalties, fines, or any damage to goods, properties, or effects of any
person whatever, nor for personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant or Consultant's
agents, employees, or representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City and its officers and employees against any of the
foregoing claims, liabilities, penalties or fines, including liabilities or claims by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney's fees which are incurred by the City on account of any of the foregoing.
18. ASS1G"T OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the City.
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19. SUBCONTRA(=TING
If the Consultant shall subcontract any of the work to be performed under
this contract by the Consultant, Consultant shall be fully responsible to the City for
the acts and omissions of Consultant's subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as Consultant is for the acts
and omissions of persons directly employed by consultant. Nothing contained in
this contract shall create any contractual relationship between any subcontractor of
Consultant and the City. The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to
Consultant's work unless specifically noted to the contrary in the subcontract in
question approved in writing by the City.
20. PROHIBITEDINTEREST
No official of the City who is authorized in such capacity on behalf of the
City to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
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21. VERBAL AGREEMENT OR CONVEXSATION
No verbal agreement or conversation with any officer, agent, or employee of
the City, either before, during or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
23- EFFEerrvEDATE
This agreement shall be effective on and from the day and year first above
written.
24. CONFLICTOF-
The Consultant 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 Consultant shall report investments or interests in real property.
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25. INSURANCE
The Com,dtant shall obtain and maintain policies of general liability
insurance, automobile liability insurance, and a combined policy of worker's
compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($~,OOO,OOO) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The
Consultant shall furnish certificates of insurance to the City before commencement
of work.
LC Executed by Consultant this 3 day of d~.+---'+ / ,19&
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
Kadie-Jensen. Johnson & Bodnar
By:
Carl Kadie ATTEST:
President/Kadie-Jensen, Johnson &
Bodnar
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(I-4 &p &HA g&dr EN&AN Z I \ City Clerk By: -$A i/ KAREN R. KUNDTZ, Assistant Cicy Clei
(sign here)
4die - Z/EP,,,~R rr J 24s e hi v(
(print name here)
SecretaryIKadie-Jensen, Johnson &
Bodnar
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations .)
AS TO FORM:
n.Qf&eJZQ+
RON BALL
Acting City Attorney // f O/9 2
Rev. 12/31/91 12
e EXHIBIT e
KADIE - JENSEN, JOHNSON & BODNAR
Municipal Financing Consultants, Inc. ELEANOR CARL KA JE
7801 MISSION CE
(619) 296.1 FAX (619) 29
WLLOUGHBY C.
402 W OJAI A
OJAL CALIFOR)
(805) 646-7 FAX (805) 64
ERNEST B. B( 233 DEXTER SAN RAMON. CALIF1
FAX (415) 829
SAN DIEGO CALF
PO BOX L
October 28, 1991
(415) 829.3'
Mr. Jim Elliott Financial Management Director
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RE: Consulting Services to Assist in the Preparation
of Necessary Systems for the Annual Maintenance of Community Facilities District No. 1
Dear Mr. Elliott:
At your request, we are submitting this proposal to provide
Consulting Services to the City of Carlsbad to assist in the
development and/or implementation of the necessary processes,
systems, procedures and programming to administer community
Facilities District No. 1.
Barbara Hale of our firm will be the consultant with the
principal responsibility for carrying out these Services.
Kadie will be available from time to time to assist and/or
review, as you may request.
Carl
Services will be performed on a task by task basis with the
first such task being to assist in setting up the scope of work
and precise objectives to be achieved. This and additional task
will only be undertaken by Consultant in response to the written
request of Mr. Elliott. No such tasks will be billable by
Consultant without the City first approving the budget for
services.
Charter Member: National Association of Independent Public Finance Advisors
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Mr. Jim Elliott October 28, 1991
Page 2
Fees for services will be based on the hourly rates shown
below plus reimbursement for out-of-pocket expenses. The maxim
of such payment for any particular task will not exceed
consultant's estimate of the cost for performing that task
without the specific authorization of the City.
Hourly Rates: Barbara Hale $80.00 Carl Kasie $130.00
(These rates will be in effect through January 1, 1993.)
Thank your very much for giving Kadie-Jensen, Johnson &
Bodnar this opportunity to offer its services to the City of
Carlsbad. If the foregoing proposal meetings with your approva
please so indicate in the space provided. p4L L Car Kadie
APPROVED AND ACCEPTED FOR THE CITY OF CARLSBAD
BY:
DATE :