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HomeMy WebLinkAbout1993-04-06; City Council; 12139; Selection of Conrad and Associates for Financial Audit9 2 0 fz 1% 2 0 0 F a 6 z 3 0 0 C. Cw OF CARLSBAD - AGEWA BILL I , . j’ - AB # Jaj I 3 7 TITLE; DEPT MTG. 4./6m SELECTION OF CONRAD AND ASSOCIATES CITY CITY DEPT. FIN RECOMMENDED ACTION; FOR FINANCIAL AUDIT Adopt Resolution No. c13-3‘f authorizing the selection of the audit firm of Conrad i Associates to perform the City‘s financial audit for fiscal years 1992-93,1993-94, and 1994 95, with an option to extend for two additional years. ITEM EXPLANATION: On January 19, 1993, Council authorized solicitation of request for proposals (RFP) fo professional auditing services. The City had retained the certified public accounting firn of KPMG Peat Marwick to perform audit services for the last five years. The Financ Department was satisfied with their services, but periodically it is necessary to reques proposals from public accounting firms to assure service and price competitiveness. RFP’ were solicited from eleven firms with the following six firms responding: Calderon, Jaham & Osborn Conrad & Associates Deloitte, Touche Diehl, Evans & Company KPMG Peat Marwick Moreland & Associates An audit review committee examined the RFP’s for firm and staff qualifications an( experience, audit approach, expertise in governmental auditing, and experience in providinj on-going fhancial consuldng services to mudcipaKties. Three firms considered to be th, most qualified at a reasonable cost were selected for the oral interview process. Up01 completion of the interviews and reference check, the committee selected Conrad E Associates. Conrad & Associates specializes in local governmental accounting and comes higw recommended from other municipalities. A smooth transition from KPMG Peat Mawick tc Conrad & Associates is expected. FISCAL IMPACT: Although cost was not a primary factor in the selection, bids for fiscal year 1993-94 rangec from $35,000 to $59,000. Bids from the smaller firms clustered under $40,000, while thc bids from the two larger firms were at the high end. The Conrad & Associates bid for fisca year 1992-93 was $37,625; and total cost for the three fiscal years is $116,295. All of thc 1992-93 auditing budget of $36,000 will be utilized for the services related to the 1991-9; audit. Auditing cost for 1992-93 will be included in the 1993-94 operating budget. EXHIBIT. 1. Resolution N0.q ’3- 34 Associates to perform the financial audit. Agreement with Conrad & Associates authorizing the selection of the audit firm of Conrad 8 2. $ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 W w RESOLUTION NO. 93 - 7 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHOEUZING THE SELECTION OF CONRAD & ASSOCIATES TO PERFORM THE FINANCIAL AUDITS FOR FISCAL YEARS 1992-93.1993-94 AND 1994-95 WHEREAS, an audit of the City of Carlsbad financial records is required by the City Council; and WHEREAS, bids from certified public accounting !inns have been solicited, accepted, and evaluated; and WHEREAS, Conrad & Associates has been determined to be the most qualified at a reasonable cost; and WHEREAS, funding is expected to be made available in the 1993- 94 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. The above recitations are true and correct. The public accounting finn of Conrad & Associates is selected to perform the financial audits for fiscal years 1992-93, 1993-94, 1994-95, with an option to extend for two additional years. j ~ 3. That the Agreement between Conrad 81 Associates and the City of Carlsbad is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said Agreement. /// /// I * e 0 CITY OF CARLSBAD Combined Statement of Revenues, Expenses and Changes in Retained Earnings All Proprietary Fund Types For the year ended June 30, 1992 Total Internal (Memoral Enterprise Service onlv Operating revenues: Water sales $ 7,911,918 - 7,911,9 Sewer service charges 3,844,265 - 3,844,2 Other charges for services 491,907 5,643,075 6,134,9 Miscellaneous 419.563 505 b 98 2 925.5 Facilities revenue 999,547 - 999,5 Total operating revenues 13.667.20Q 6,149,057 19,816.2 Operating expenses: Plant operations 1,845,970 - 1,845,9 Purchased water 4,596,062 - 4,596,O Depreciation and amortization 2,202,995 657,743 2,860,7 Fuel and supplies - 456,523 456,5 Claims expense - 3,391,087 3,391 ,O General and administrative 5.053, 280 1.361.033 6.414.3 Total operating expenses 13.698.307 5.866.386 19.564.6 Operating income (loss) (31,102) 282.671 251.5 Nonoperating revenues (expenses): Interest income 2,232,785 491,216 2,724,C Interest expense and fees, net of capitalized interest (894,385) - (894, C Loss on disposal of property (2,444,345) (216,828) (2,661,l Property taxes and rent 785,928 - 785,s Miscellaneous income 36,707 - 36,7 (26.7 Amortization of issuance costs ( 26 71Q) - Total nonoperating revenues, net (310.020) 274.388 (35.E Net income (loss) (341,127) 557,059 215,s Retained earnings at beginning of year 35,203,536 3,233,113 38,436,t Residual equity transfer out (41 .OOQ) - (41.( Retained earnings at end of year $ 34.821.409 3,790,172 38,611 .: See accompanying notes to combined financial statements. 39 i a e CITY OF CARLSBAD Combined Statement of Cash Flows All Proprietary Fund Types For the year ended June 30, 1992 To 1 Internal (Memo EnterDrise Service on Cash flows from operating activities: Operating income (loss) $ (31,107) 282,671 25 1 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation and amortization 2,202,995 657,743 2,86C Decrease in receivables 491,380 1,742 49: Increase in advances and due to/due from other funds 89,655 - 85 Decrease in due from other governments 83,450 - 8: (Increase) decrease in inventory (121,069) 3,509 (11; Increase (decrease) in accounts payable (1,068,119) 45,175 (1,02; Increase in accrued wages payable 238,406 6,057 241 Increase in estimated claims payable - 291.696293 operating activities 1.885.59 1 1.288.593 3.171 Net cash provided by Cash flows from noncapi tal financing activities - property taxes and rent received 785.9 28 - 781 Cash flows from capital and related Purchases of property, plant and equipment (7,004,432) (430,239) (7,431 Loss on disposal of assets 2,444,345 216,828 2,66: Principal payments on bonds (685,000) - (681 Interest and other fees paid on bonds (1,792,118) - (1,79: financing activities: Contributions to other funds (41,000) - (4' Contributions from other governments 120,213 - 121 Decrease in deposits payable (109,641 ) - (10' Miscellaneous expense (83,506) - (8 Proceeds from capital contributions 1.038. 260 500.000 1.531 Net cash provided by (used in) capital and related financing activities (6.112 2379) 286.589 (5.82 See accompanying notes to combined financial statements. 40 0 0 Tot In t smal (\@rnbl EnterDrise Service onl Cash flows from investing activities: Net decrease in restricted investments 3,381,382 - 3,381 Decrease in deferred compensation In teres t on investments 2.259.494 468.568 2.728 Decrease in deferred compensation payable (1 , 101,849) - (1,101 investments 1,101,849 - 1,101 Net cash provided by investing activities 5.640.876 468.568 6,109 Net increase in cash and cash equivalents 2,199,516 2,043,750 4,243 Cash and cash equivalents at beginning of year 30.7 40.224 5.790. 131 37.530 Cash and cash equivalents at end of year (note 4) $ 32.939.7 44 8.833.881 41.774 Supplemental schedule of noncash investing and financing activities - capital assets contributed by contractors and/or other funds $ 2.000.934 394.454 2.39: 41 * 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements June 30, 1992 (1) Swmna rv of Sianificant Accoun tina Policies The City of Carlsbad, California (Carlsbad) was incorporated on Jul 1952. Carlsbad operates under a Council-Manager form of governmen provides the following services as authorized by its charter: ge government, public safety, community development, public w culture, and recreation. Carlsbad is not subject to federal or income taxes. \ The accounting policies of Carlsbad and its component units confo generally accepted accounting principles as applicable to govern units. The following is a summary of the more significant policies (a) Description and ScoDe o f the ReDortina Entitv The Comprehensive Annual Financial Report includes all entitle which Carlsbad exercises oversight responsibility as defined b National Council on Governmental Accounting (NCGA) Statement "Defining the Reporting Entity." This responsibility includes is not limited to, the authority to govern, manage, a1 budgets, and assume fiscal accountability. The financial statements of the reporting entity (the City) ir the financial activities of Carlsbad, the Housing Authority c City of Carlsbad, the Parking and Building Authorities of thc of Carlsbad, the City of Carlsbad Public Improvement Corpor; the Carlsbad Redevelopment Agency and the Carlsbad Municipal District (the District). Their financial operations are c: related and the City Council has a continuing ovei responsibility over these entities. The oversight responsil is determined on the basis of budget adoption, taxing authc funding and appointment of the governing board. The City also has an interest in a joint sewage treatment fa, known as the Encina Water Pollution Control Facility and f inancing authority known as the Encina Financing Joint Authority. Since the City does not have significant influence the management or the operation of these entities, they ha1 been included as component units in the City's financial state] 42 (Cont a 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Swmnarv o f Significant Accoun tina Policies. Co ntinued (b) Basis of P res en t a t ion The accounts of the City are organized on the basis of fun( account groups, each of which is considered to be a sep accounting entity. The operations of each fund or account are accounted for by providing a separate set of self-bala accounts that comprise its assets, liabilities, fund bal retained earnings, revenues, and expenditures or expenses. various funds and account groups are summarized by type ii financial statements. Fund types and account groups used b. City are as follows: GOVERNMEEJTAL FUND TYPES! Governmental funds are used to account for the City's expen financial resources and related liabilities (except those accc for in proprietary and similar trust funds). The measurement is based upon determination of changes in financial position. following are the City's governmental fund types: General Fund The general fund is the general operating fund of the City. used to account for all financial resources except those rec to be accounted for in another fund. Spec ial Revenue FUnb Special revenue funds are used to account for revenues derivec specific sources (other than major capital projects) tha restricted by law or administrative regulation to expend: for specified purposes. Debt Service Funds Debt service funds are used to account for the accumulati resources for, and payment of, general long-term debt princ interest and related costs. Capital Projects Funds Capital projects funds are used to account for financial res to be used for the acquisition or construction of major c facilities other than those financed by proprietary funds. 43 (Cont 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Swarv o f Significant Accoun ting Policies. Co n t inued (b) Basis of Presentation. Continued PROPRIETARY FUND TYPES: Proprietary f-mds are used to account for activities that are si to those found in the private sector. The measurement focl based upon determination of net income and capital mainten The following are the City's proprietary fund types: EnterDriSe Funds Enterprise funds are used to account for operations (a) tha financed primarily through user charges, or (b) where governing body has decided that determination of net incoi appropriate. Interna 1 Service Funds Internal Service funds are used to account for goods or sei provided by one department to other departments of the City cos t-reimbursement basis. FIDUCIARY FUND TYPE: Fiduciary funds are used to account for assets held by the City trustee capacity or as an agent for individuals, PI following is the City's fiduciary fund type: organizations, other governmental units, and/or other funds. Agencv FUllgs Agency funds are used to account for assets held by the City agency capacity for individuals and private businesses. TI not involve measurement of results of operations. ACCOUN T GROUPS: Account groups are used to establish accounting control accountability for the City's general fixed assets and gi long-term debt. The following are the City's account groups: 44 (Con t , 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Swan of S ianificant Accoun tina Policies. Continued (b) Basis of Presentation. Continued ACCOUN T GROUPS, CQ ntinued; General Fixed Assets Accoun t GrouD This account group is used to account for all fixed assets oi City other than those accounted for in the proprietary funds. General Long-term Debt Accoun t GrOUD This account group is used to account for all long-term obliga of the City except those accounted for in the proprietary and trust funds . (c) Measurement Focus a nd Basis for Accoun t ing Governmental fund types are accounted for on a "spending" measur focus. Accordingly, only current assets and current liabil are included on their balance sheets, and the reported fund ba provides an indication of available, spendable resou Operating statements for governmental fund types report incr (revenues) and decreases (expenditures) in available, sper resources. The proprietary fund types are accounted for on an "j determination" or "cost of services" measurement f Accordingly, all assets and liabilities are included on the bs sheet, and the reported fund equity provides an indication o historical net worth of the fund. Operating statements proprietary fund types report increases (revenues) and deci (expenses) in total historical net worth. Fiduciary fund types are custodial in nature (assets liabilities) and do not involve measurement of result operations. Fiduciary fund assets and liabilities are accc for on the modified accrual basis of accounting. Governmental fund types use the modified accrual basi accounting. Revenues are recognized when susceptible to aci within the current period or soon enough thereafter to be ut pay liabilities of the current period. In applying the susce to accrual concept to intergovernmental revenues, the lega contractual requirements of the individual programs are us guidance. Le., both measurable and available. Available means collel 45 (Cont .I 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Summarv o f Significant Accoun ting Policies. Co n t inued (c) Measurement Focus a nd Basis for Accoun tina, co n t inued Revenues that are accrued include real property taxes, sales interest, and some state and federal grants. Real property taxes are levied on October 15 against owners of r at March 1. The taxes are due in two installments, on Noves and February 1, and become delinquent after December 10 April 10, respectively. Tax liens attach annually as of 12:Ol on the first day of March in the fiscal year for which the are levied. Under the provisions of NCGA Interpretatio property tax revenue is recognized in the fiscal year for whic taxes have been levied, provided it is collected within 60 da the end of the fiscal year. Governmental expenditures are recorded when the related liability is incurred. Principal and interest on general long debt are recorded as fund liabilities when due or when amounts early in the following year. been accumulated in the debt service fund for payments to be Proprietary funds use the accrual basis of accounting, i.e., re\ are recognized in the period earned and expenses are recogniz the period incurred. (dl Encumb rances Encumbrance accounting, under which purchase orders, contract other commitments for the expenditure of monies are record order to reserve that portion of the applicable appropriatio employed as an extension of formal budgetary control ir governmental funds. Encumbrances outstanding at year-end d constitute expenditures or liabilities, but are reporte reservations of fund balance. (e) Cash and Investments Cash includes amounts in demand and time deposits. Investment stated at cost or amortized cost, except for deferred compem assets which are shown at market value. The City maintains a cash and investment pool that is availabl use by all funds. Interest income earned as a result of pool: allocated to the appropriate funds based on average monthly balances. 46 (Cont 0 e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Summary o f Significant Accoun tinp; Policies. Co ntinued (f) Inventories Inventories consist of materials and supplies that are valued at and are recorded as expenses on a first-in, first-out basis consumed. (g) ComDensated Absences Vacation pay is payable to employees at the time used or termination of employment. For governmental funds, the cos accumulated vacation expected to be paid in the next 12 mont recorded as a fund liability and amounts expected to be paid 12 months (if any) are recorded in the general long-term account group. For proprietary funds, the cost of vacatic recorded as a liability when earned, (h) Risk Management The City accounts for its general liability, health insurance workers ' compensation activities in internal service funds. funds are responsible for collecting premiums from other City and departments and paying claims settlements and insu premiums. Interfund premiums are based on the insured f claims experience. Incurred but not reported claims are accru year-end if material. (i) Unbilled Se rvices Unbilled water revenue of the enterprise funds is recognize earned when the water is consumed. (j) General Fixed Assets General fixed assets are recorded as expenditures in the govern fund types and capitalized at historical cost in the general assets account group. In the case of gifts or contributions, assets are recorded at fair market value at the the received. Fixed assets consisting of certain improvements other than builc including roads, bridges, curbs and gutters, streets and sideF and drainage systems, have not been capitalized. Such i normally are immovable and of value only to the City. Then the objective of stewardship for capital expenditures is sat without recording these assets. 47 (Cont e 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Smarg of S ipificant Accoun ting Policies. Co ntinued (j) General Fixed Assets a Co n t inued In the general fixed assets account group, construction in pro$ is transferred to buildings or improvements upon approval by City Council, which approximates the completion date. No depreciation has been provided on general fixed assets. (k) Propertv. Plant and Equipment - Proprietary Funds Property, plant and equipment used by proprietary funds is state cost or estimated historical cost. Contributed fixed assets recorded at estimated fair market value at the time received. interest costs are capitalized on projects during the construc period. Depreciation is charged to operations using the straight-line mc based on the estimated useful life of the related asset. estimated useful lives of the assets are as follows: Years Buildings and improvements 10 - 50 Wells, reservoirs and dams 10 - 100 Transmission and distribution lines 40 - 70 Sewage treatment facility 55 Equipment 3- 20 Sewer, sewer lines and wells 50 Filters, pumps and fire hydrants 10 - 50 (1) Deferred Revenue The deferred revenue in the General Fund represents interest due not available, on advances to other funds. The deferred revenue in the Debt Service Funds relates prepayment of lease revenue from the General Fund to the Pa Authority. The deferred revenue in the Capital Projects Fund relates to received and to be applied toward future construction. 48 (Conti 1 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (1) Summa rv - of S ianif icant Accoun tina Policies. Co n t inued (1) Deferred Revenue. Co n t inued The deferred revenue in the Enterprise Funds relates to deposit in-kind prepayments for services to be rendered (e.g., I installation, etc.). (m) Statement of Cash Flows - Prorxietarv Fund8 For purposes of the statement of cash flows, the Proprietary 1 consider all highly liquid investments with an original maturil three months or less when purchased and all amounts invested cash and investment pool to be cash equivalents. (n) Advances to Other Funds Interfund loan receivables are reported as advances and are o equally by a fund balance reserve which indicates that they dc constitute expendable available financial resources and then are not available for appropriation. (0) Reclassifications During the year, the City's Water Utility Fund and the Car Municipal Water District were merged into one fund. (p) Total Columns Total columns on the combined statements are captioned "Memor Only" to indicate that they are presented only to facil financial analysis. Data in these columns do not present fina position, results of operations, or cash flows in conformity generally accepted accounting principles. Such data is comparable to a consolidation since interfund eliminations hav been made. (2) Budaetarv Data The City follows these procedures in establishing its budgetary data: 1. During May or June, the City Manager submits to the City Coun proposed operating budget for the fiscal year commencing following July 1. The budget includes proposed expenditure! estimated revenues on a departmental basis. 2. Public hearings are conducted at City Council meetings to c citizens' comments during June. 49 (Contj 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (2) Budgetary Data. Co n t hued 3. Prior to July 1, the budget is enacted legally through passag an appropriation resolution. The City Manager is authorized to make transfers of appropriated amc within a fund and function for up to $25,000. Revisions that alter total appropriations of any fund or function must be approved by City Council. A mid-year budget review is conducted each year. major changes to the adopted budget are approved by the City Councj that time. During the year, several supplementary appropriations necessary. Budgets for governmental type funds are adopted on the modified acc basis, except that encumbrances are treated as budgeted expenditurc the year purchases are committed. Additionally, certain rema: unexpended or unencumbered appropriations at the close of the f: year, provided for in the budget of the General Fund and lei authorized by the City Council, are held available for the follc year and treated as budgeted expenditures of the current year. other unencumbered appropriations lapse at year-end. Expenditures not exceed budgeted appropriations at the departmental level whicl crom the individual fund level. For purposes of budgetary presentation, actual generally accc accounting principles (GAAP) expenditures have been adjusted to inc encumbrances outstanding and designations for continuing appropria at year-end. Annual budgets are adopted for the General, Spc Revenue and Debt Service Funds except for the following: Mor Revenue Bonds, Building Authority, College Boulevard, Hosp Grove CI and Parking Authority. Accordingly, the revenues and expenditures these funds have been excluded from the budget basis final statements. Annual budgets are not adopted for the Capital Pro Funds; therefore, budget basis financial statements have not prepared because a comparison of such budgetary amounts to ai revenues and expenditures is not meaningful. The following schedule is a reconciliation of the budgetary and GAAP balances : Special De General Revenue Sen Fund Funds Ew Fund balance-budgetary basis $ 15,281,261 6,252,022 1,757 Encumbrances outstanding Fund balance designated for at year-end 676,074 237,261 continuing appropriations 851,738 - Fund balances of nonbudgeted funds - 53.5003.146 Fund balance-GAAP basis $ 16.809.0 73 4.5 42,782 4.904 50 (Conti 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (3) Risk Manageme nt The City is exposed to various risks of loss related to theft of, c to, and destruction of assets; errors and omissions; injuric employees; and natural disasters. Effective January 1, 1991, the City became a participating member c California Municipal Insurance Authority (CMIA) risk-management Under this program, the pool provides coverage for up to a main $5,000,000 per claim with a self-insured retention to be provid the City in the amount of $500,000 per claim. In addition, t general liability insurance coverage up to $10,000,000 is provide catastrophic losses. Under the terms of the agreement with CMIP City must maintain an unencumbered portion of fund equity equ; $1,500,000 in the General Liability Self-Insurance Fund. At Jur 1992, unencumbered fund equity for this fund was approxin $2,050,000. (4) Cas h and Investmentg Each participating fund's portion of the City's cash and investment is displayed on the combined balance sheet as "Cash and Investme This category also includes cash and investments that are separately by several of the City's funds. Authoritv for Deposits and Investments: The City's investment policy and state statutes authorize the Ci invest in obligations of the U.S. Treasury, its agencies instrumentalities, commercial paper rated A-1 by Standard and 1 Corporation or P-1 by Moody's Commercial Paper record, bai acceptances with a maximum maturity of 270 days, repurchase agreer certificates of deposit with national and state licensed or chai banks or federal or state savings and loan associations, mediur corporate notes with a maximum five-year maturity rated in the t\ rating categories, money market and mutual funds whose portf consist of one or more of the foregoing investments, the C Treasurer's investment pool, and the State Treasurer's investment 1 State statutes require that all deposits be insured or collateral Depositories holding public funds on deposit are required to mai collateral in the form of a pool of government securities with a n value of at least 10 percent in excess of the City's deposit percent in excess of the deposit as collateral in mortgage pools. 51 (Con t 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (4) Cash a nd Investments. Co n t inued Authoritv for DeDosits and Investments. Con t inue d : A summary of cash and investments, including investments in def compensation plans, is as follows: Deposits : Cash $ 10,413 Time certificate of deposit 99 116.698 Inve s tmen t s 127,211 Less restricted portion (6,584 Unrestricted cash and investments $ 120.627 The cash and cash equivalents component of the balance sheet ca cash and investments are $32,939,740 and $8,833,881 for Enterprise Funds and Internal Service Funds, respectively. DeDos its: The following summary presents the amount of the City's deposits are fully insured or collateralized with securities held by the or its agent in the City's name (Category One), those deposits are collateralized with securities held by the pledging fine institution's trust department or agent in the City's name (Cat Two), and those deposits which are not collateralized or collateralized with securities held by the pledging fine institution or its trust department or agent but not in the C name (Category Three) at June 30, 1992. Category Category Category Total Bank Carrj One Two Three Balance Ai!!su Cash $ 200,000 1,679,070 6,173 1,885,243 1,35: Cash with fiscal agent/trustee 3,038 6,967,748 2,089,837 9,060,623 9,06( Time certificate 99.000 91 $ 302,038 8.6 46.818 2.096.010 11.044.866 10.51: - - of deposit 99,ooo 52 (Cont: 1 I 0 e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (4) Cas h and Investments. Continued Investments: The City categorizes investments according to the level of risk as by the City. Category One includes investments that are ins registered or held by the City's agent in the City's name. Cat Two includes uninsured and unregistered investments held by counterparty's trust department or agent in the City's name. Cat Three includes uninsured and unregistered investments held bj counterparty, its trust department or its agent, but not in the C name. Certain investments have not been categorized because secux are not used as evidence of the investment. These uncategc investments include ownership interests in the Local Agency Inves Fund, County Treasury Investment Pool and mutual funds and si instruments. The summary below identifies the level of risk assum the City and the total carrying amount and market value of the C inves tmen t s . Category Category Category Un- Total M; One Two Three sateao ri zed Investments !! Local Agency County Treasurer's U.S. Government Investment Fund $ - - - 29,809,115 29,809,115 29,t Investment Pool - - - 18,387,887 18,387,887 18,: agency obligations 16,951,313 - - I 16,951,313 17, U.S. Treasury securities 9,445,616 1,822,049 - - 11.267.665 11. Corporate notes 30,389,050 - - - 30,389,050 31, Mutual f unddother 108.196 1.105.600 - 8.680.1029.893.8989. Total $ 56.89 4.172 2.927.649 - 56.8 77.104 116.698.9 28 Ila, 53 (Conti r e 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (5) ProDertv. Plant and EauiDment A summary of changes in the general fixed assets account group i follows: Balance Balar July 1, June 1991 Additions Deletions 1pe Land $ 23,378,726 2,567,942 - 25,946 26 , 664 Buildings 26,439,328 224,769 - Improvements 2,341,359 193,987 (479,714) 2,055 Furniture and equipment 5,146,217 711,145 (552,358) 5,305 Construction in progress 4.395. 212 1.452.499 (2.782.908) 3.064 Total $ 61.700.8 41 3.150.3 42 (3.814.980) 53.036 Construction in progress in the general fixed assets account grot composed of the following: Expended Balance Project June 30, CO Authorization. 1992 mit Library - South Carlsbad $ 1,138 , 729 1,097,103 41 Fire Station 1 & 2 Remodel 225,000 215,082 9 Fire Station #6 38,503 11,505 26 Carrillo Ranch Stabilization 504,001 486,510 17 Public Art - South Carlsbad Library 170,000 65,656 104 Larwin Park (22.3 Acres) 290,001 169,956 120 Streetscape Phase IV - Sculpture Park 853,636 722,471 131 Alta Mira Park 1,611,999 286,397 1,325 Public Art - Seawall 30,000 10,000 20 Public Art - Larwin Park 25.000 123 - 24 $ 4.886.869 3 .06 4.802 1.822 There is no future financing commitment required on any of the noted construction projects. 54 (Contj T 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (5) Propertv. Plant and Equipment. Continued A summary of proprietary fund type property, plant and equipmer June 30, 1992 follows: Inte Enterprise Ser Funds - FLU Land, water rights, rights-of-way $ 2,157,600 Buildings and improvements 8,698 , 947 Wells, reservoirs and dams 17,324,133 Transmission and distribution lines 26,566,350 Sewer, sewer lines and wells 23,516,855 Sewage treatment facility 31,036,678 Equipment and vehicles 2,125,559 4,738 Construction in progress 3.778.402 115 9 204 , 525 4 3 738 Less accumulated depreciation (18.313.334) (2.097 Property, plant and equipment, net $ 96.89 1.191 2.641 Enterprise Fund interest is charged to expense as incurred except interest related to borrowings used for construction, whicl capitalized net of interest earned on construction funds borr Interest capitalization ceases when the construction projeci substantially complete. Net interest costs of $625,145 capitalized in the Enterprise Funds during 1992. Total interest incurred and interest earned on related interest-bearing invest] acquired with proceeds of the tax-exempt borrowings were $1,712,48( $224 , 810 , respectively. The Enterprise Funds had various construction contracts in progrer $1,210,000. There is no future financing required on any of projects. Approximately $2,400,000 was written off relating tc Calavera Hills Water Reclamation Facility. June 30, 1992 with an estimated cost to complete of approxim 55 (Conti. 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (6) Joint Ven turea Encina Water Pollution Control Facilitv: The Encina Water Pollution Control Facility (the Facility) is a system owned jointly by the Cities of Carlsbad and Vista, the Leu County Water District, the Buena Vista Sanitation District, Vallecitos Water District (formerly the San Marcos County District) and the Encinitas Sanitary District. The Encina Waste Authority is the operator and administrator of the facility ar responsible for the management, maintenance and operations of the system. Ownership percentages are determined by joint agreement a time the assets are acquired. As of June 30, 1992, the Citier Districts have the following approximate ownership interest: City of Carlsbad 25% City of Vista 33 Leucadia County Water District 16 Vallecitos Water District 16 Encinitas Sanitary District 5 Buena Vista Sanitation District 5 The latest available financial statements of the Facility, dated Jun 1991, show the following: Total assets $ 117,864,904 Total liabilities 4.845.074 Fund balance 113.019.830 Net change in fund balance $ 14.393.852 The Facility does not recognize net income or loss. Net ope] expenditures in excess of users' assessments are treated as acc receivable on the Facility's books and charged to users' accoun the following year. Conversely, users' assessments in excess o operating expenditures are treated as a liability and credited aj users' accounts, also in the following year. Under this basis operating revenues for the Facility totaled $715,103 in fiscal 1991. The net change in fund balance was attributable to additions. The City accounts for its portion of the Facility as a fixed asset ( Sewer Enterprise Fund. 56 (Con t , 1 0 e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (6) Joint Ventures. Co n t inued Encina Financing Joint Powers Authority: The Encina Financing Joint Powers Authority (the Authority) was cre on February 1, 1989 between the City of Carlsbad, the City of Vi the Buena Vista Sanitation District and the Leucadia County W District. The primary purpose of the Authority is to issue rev bonds in order to finance the expansion of the Facility. Repaymen the bonds will be accomplished through payments made by each membe the Authority pursuant to installment purchase agreements. individual agreements set forth the purchase price and specify the service requirements for each member. The Authority is governed by a Board of Directors, which consists oi director appointed by each member. In August 1989, the Authority issued $33,500,000 of revenue bonds executed installment purchase agreements for approximately the amount. The following is a table of the outstanding balance owed i June 30, 1992 by each member and their approximate share in additional capacity: Ins tallmen t Approxj Member balance shar Buena Vista Sanitation District $ 6,616,250 19.7 City of Carlsbad 12,689,800 37.8 Leucadia County Water District 7,966,300 23.7 City of Vista 6.227.650 18.5 $33.500.000 1oo.o The installment balances are secured by a pledge of the revenues each member's wastewater system, net of a deduction for maintenanc operating costs. Covenants within the agreements require the me to, among other things, (1) maintain insurance on the facility, ar establish wastewater rates which are sufficient to pay the ope1 costs and debt service on the bonds and which will result i revenues equal to 1.1 times the annual installment payments due. The City's share in the accounts of the Authority is recorded i Sewer Enterprise Fund. The expansion of the Facility is shown addition to the fixed assets of the Sewer Enterprise Fund. 57 (Cont 1 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (7) Retirement Plan The City contributes to the California Public Employees Retirement Sy (PERS), an agent multiple-employer public employee retirement sy that acts as a common investment and administrative agent participating public entities within the state of California. For year ended June 30, 1992, the payroll for employees covered by the was $20,189,245 for Carlsbad employees and $868,928 for Dist employees. Total payroll for the same period was $23,038,320 $868,928 for Carlsbad and District employees 4 respectively. All full-time employees are eligible to participate as members of I Benefits vest after an employee has been a member of the plan for years. Employees are eligible to retire after ages 50 to 60 wi years of credited service. Annual retirement benefits are detern based on age at retirement, the length of membership service and amount of earnings based on the highest twelve consecutive mc average. The PERS also provides death and disability benefits. : benefit provisions and all other requirements are established by : statute. Employees are required to make contributions ranging from 7 to 9 pel of gross pay. The City is required to contribute the remaining amc necessary to fund the benefits for its members, using the actui basis recommended by the PERS actuaries and actuarial consultant! adopted by the PERS Board of Administration. The emp contributions are made by the City on behalf of the employees. The amount shown below as the "pension benefit obligation" (PBO) standardized disclosure measure of the present value of pe benefits, adjusted for the effects of projected salary increase1 step-rate benefits, estimated to be payable in the future as a r of employee service to date. The measure is intended to help assess the funding status of the PERS on a going-concern basis, a progress made in accumulating sufficient assets to pay benefits due, and make comparisons among employers. The measure is actuarial present value of credited projected benefits, an independent of the funding method used to determine contributio the PERS. 58 (Cont e 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (7) Retirement Plan. Continued The PBO was computed as part of actuarial valuations performed 2 include (a) a rate of return on the investment of present and f assets of 8.75 percent a year compounded annually (8.5 percent i June 30, 19901, (b) projected salary increases of 4.5 percent a compounded annually (5 percent as of June 30, 1990), attributabl inflation, (c) additional projected salary increases of 2.5 pe (2.75 percent for Carlsbad's safety employees) a year (2 percent June 30, 1990 for all employees), attributable to seniority/merit (d) no post-retirement benefit increases. The impact on current contributions from changes in actuarial assumptions is not availabl The total unfunded (assets in excess of) pension benefit oblig applicable to Carlsbad and District employees was $3,263,057 $(89,875), respectively, at June 30, 1991 (the date of the 1 actuarial valuations), as follows: June 30, 1991. Significant actuarial assumptions used in the valu Car lsbad District w Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $ 18,011,222 495,988 18,507 Accumulated employee Current employees: contributions including allocated investment earnings 12,539,394 634,560 13,173 Employer financed-vested 15,749,846 443,835 16,193 Employer financed-nonvested 1.436.145 41.631 1.477 Total pension benefit obligation 47,736,607 1,616,014 49,352 Net assets available for benefits at cost 44.473.550 1.705.889 46.172 Unfunded (assets in excess of) pension bene f it ob 1 iga t ion $ 3.263.057 (89.875) 3.17: The market value of the net assets available for benefits as of JUT 1991 was $49,321,167 and $1,891,831 for Carlsbad and the Disi respectively. 59 (Cont: 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (7) Retirement Plan. Continued Of the total change in Carlsbad's PBO from the prior year, $588 resulted from changes in benefit provisions. None of the total ch :n the District's PBO from the prior year resulted from changes benefit provisions. Carlsbad ' s and the District I s PBO decreasec $1,473,069 and $63,448, respectively, as a result of changes actuarial assumptions. PERS uses the Entry Age Normal Actuarial Cost Method which is a projc benefit cost method. It takes into account those benefits that expected to be earned in the future as well as those already accr According to this cost method, the normal cost for an employee is level amount which would fund the projected benefit if it were annually from date of employment until retirement. PERS USI modification of the Entry Age Cost Method in which the employer's normal cost is expressed as a level percentage of payroll. uses the level percentage of payroll method to amortize any unf actuarial liabilities. The amortization period of the unf actuarial liability ends on June 30, 2000. PERS The significant actuarial assumptions used to compute the actuar determined contribution requirement are the same as those use compute the pension benefit obligation, as previously described. The actuarially determined employer and employee contributions appli to the City at June 30, 1992, based on an actuarial valuation i June 30, 1991, were as follows: Carl sbad District Mi scel 1 aneous Safety Mi scell aneoi Empl oYees Empl ovees EmDl ovees Covered Covered C Contributions Pavroll Contributions Payroll Contributions e Required normal cost Amortization of the unfunded actuarial accrued 1 i abi 1 i ty 7.471 0.06% 33.712 0.44% 499 Total requi red contributions $ 7.001.152 15.88% - a% J33.032 Actual employer contri buti ons 1,196,462 9.50% 1,360,826 17.93% 77,760 Contributions made by the City on behalf of employees 872.527 6.9377 678.98Q 8.94% 56.969 contributions $ 2.068.989 16.43% 2,039,806 -A 134.729 contribution $ 1,993,682 15.82% 1,818,637 23.96% 132,538 Total actual 60 (Cont ! 0 e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (7) Retirement Plan. Continued The District has a surplus related to miscellaneous employees as a re of prior year actuarial gains. In order to maintain a level patter contributions, the District has chosen not to apply the surplus offset current year contributions. The following is three-year trend information which gives an indica of the progress made in accumulating sufficient assets to pay bene when due: Carl sbad District 1p91 leea 1984 m 19pp 1 Net assets available for benefits as a percentage of pension benefit ob1 i gati on 93.2% 93.9% 93.4% 105.6% 106.4% 11 Unfunded (assets in excess of) pension benefit obligation as a percentage of annual covered payroll 17.2% 15.8% 15.1% (7.3)X (8.5)% Actuari a1 1 y determined employer contributions as a percentage of annual covered payroll 10.8% 10.8"L 12.3% 7.5% 2.4% Ten-year trend information is not currently available from the California Public Emp Retirement System; therefore, only the available information is presented. Required Supplementary Information Analysis of Fundi ng Progress (Unaudi ted) Carl sbad Em lean. rn 1488 B8.Z Net assets available for benefits, at cost $ 44,473,550 38,955,507 32,905,600 28,385,300 23,855,51 Pension benef i t ob1 i gati on 47,736,607 41,495,649 35,221,700 30,249,400 26,158.7l Percentage funded 93.2% 93.9% 93.4% 93.8% 91. Unfunded pension benefit ob1 i gati on 3,263,057 2,540,142 2,316,100 1,864,100 2,303,2 Annual covered payroll 18,983,745 16,071,500 15,378,600 13,170,000 12,147,9 Unfunded pension benefit obligation as a percentage of annual covered payroll 17.2% 15.8% 15.1% 14.2% 19 61 (Cont: 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (7) Retirement Plan. Continued Requi red Supplementary Information Analysis of Funding Progress, Continued (Unaudited) District 19pl Em 1p8e 1988 1p8z Net assets available for benefits, at cost 1,705,889 1,463,415 1,217,447 981,451 823,110 Pension benefit obligation 1,616,014 1,374,798 1,141,723 941,218 749,880 Percentage funded 105.6% 106.4% 106.6% 104.3"L 109.8% Assets in excess of pension benefit ob1 i gati on 89,875 88,617 75,724 40,233 73,230 825,380 Annual covered payroll 1,229,551 1,047,044 1,026,090 960,250 Assets in excess of pensi on benef i t obligation as a percentage of annual covered payroll 7.3% 8.5% 7.4% 4.2% 8.9% (8) Deferred Compensation Plan The City offers its employees a deferred compensation plan creat accordance with Internal Revenue Code Section 457. The plan, ava: to substantially all full-time employees, permits them to de portion of their salary until future years. Amounts deferred mz exceed the lesser of $7,500 or 25% of a participants' "incli compensation," as defined in the participation agreement. The dej compensation is not available to employees until termini retirement, death or unforeseeable emergency. All amounts of compensation deferred under the plan, all propert rights purchased with those amounts, and all income attributab those amounts, property or rights are (until paid or made availat the employee or other beneficiary) solely the property and rigl- the City (without being restricted to the provisions of benefits the plan), subject only to the claims of the City's general cred Participant's rights under the plan are equal to those of g( creditors of the City in an amount equal to the fair market val the deferred account of each participant. 62 (Cont 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (8) Deferred Co maensation Plan. Co ntinued The City believes it has no liability for losses under the plan but have the duty of due care that would be required of an ordinary pr investor. The City believes that it is highly unlikely that it use the assets to satisfy the claims of general creditors in the fu (9) Obligations Under Capital Leases In August 1987, the City entered into a sale and leaseback agreement a financial institution for the Community Development Buil Principal and interest payments totaling $234,529 are to be paid year through 1997. The City's leasehold interest of $1,602,16( been recorded in the City's general fixed asset account group. The following is a summary by year of future minimum lease pay remaining under capital leases and the present value of minimum payments at June 30, 1992: Year endina June 30, 1993 $ 234 1994 234 1995 234 1996 234 1997 234 Thereafter 117 Total minimum lease payments 1,289 Less amounts representing interest m Present value of minimum lease payments $1.030 (10) Obliaations Under Ow ratina Leases In June 1988, the City's Redevelopment Agency entered into an agre to lease a parking lot from a private party. The lease req monthly rental payments for twenty years. Total annual rent pay are $39,240 for fiscal years ending June 30, 1992 and 1993 with adjustments required at three-year intervals after fiscal year e June 30, 1994. 63 (Conti 0 e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (10) Obligations Under Ope rating Leases. Co n t inued In May 1990, the City's Redevelopment Agency entered into an agreemen lease a parking lot on Carlsbad Village Drive from a private pa The lease requires annual rental payments of $52,200 for five ye commencing July 1, 1990. The following is a schedule by year of future minimum rental payn required under the operating leases at June 30, 1992: Year endinn June 30, 1993 $ 91,440 1994 91 , 440 1995 93 , 794 1996 41 , 954 1997 41 , 954 Thereafter 526.119 Total minimum lease payments 9886.701 (11) Long-term Debt The following is a summary of changes in the principal balanc long-term debt for the year ended June 30, 1992: Principal Princ Ba 1 an c e Balai July 1, Retire- June 1991 menta Le9 General long-term debt account group: Bonds $ 13,585,000 625,000 12,96C Special assessment debt with 8,765,000 300,000 8,462 Obligations under capital 144,708 1,03( governmental commitment leases 1 , 175,330 Certificates of participation 8.340.004 250 .OOO 8.09( long-term debt $ 31,865.334 1.319.708 30.54 Total general Enterprise funds: Bonds 40 , 000 40,000 Certificates of participation 12,700,000 645,000 12,05 12.68 Installment purchase agreement 12.689.804 - Total enterprise funds $ 25.429.804 685.ooo24.74 64 (Con t m 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (11) Long-term Debt. Continued Long-term debt at June 30, 1992 is comprised of the following issues: Bala June le! General Long-term Debt : 1967 Carlsbad Building Authority Revenue Bonds, remaining principal and interest due on December 15, 1992, interest is 6.0% per annum, payable from the General Fund $ 35 1969 Carlsbad Parking Authority Revenue Bonds, principal due in amounts ranging from $100,000 to $125,000 on October 1 of each year through 1995, interest payable on October 1 and April 1 at 6.4% per annum, payable from the General Fund 450 1981 Carlsbad Parking Authority Revenue Bonds, principal due in amounts ranging from $75,000 to $150,000 on February 1 of each year through 2001, interest payable on August 1 and February 1 at 8.0% per annum, payable from the General Fund 1.ooo revenue bonds 1,485 Parking and building authorities 1988 Carlsbad Housing and Redevelopment Commission Tax Allocation Bonds, principal due in amounts ranging from $290,000 to $595,000 on April 1 of each year through 2003, a principal payment of $2,890,000 on April 1, 2007, and a principal payment of $3,950,000 on April 1, 2011, interest payable on October 1 and April 1 at rates varying from 5.9% to 7.8% per annum 11.475 Total bonds payable 12,960 1986 College Boulevard Assessment District Bonds, principal due in amounts ranging from $320,000 to $910,000 on September 2 of each year through 2006, interest payable on September 2 and March 2 at rates varying from 7.25% to 8.0% per annum 8,465 1,030 Obligations under capital leases (note 9) 65 (Conti I. e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (11) Long-term Debt. Continued Balan June. m General Lonn-term Debt. Continued: 1988 Carlsbad Certificates of Participation, principal due in amounts ranging from $260,000 to $815,000 on August 1 of each year through 2008, interest payable on August 1 and February 1 at rates varying from 6.0% to 8.0% per annum $8.090 Total General Long-term Debt $30.545 EnterDrise Fund Long-term Debt: 1988 Carlsbad Municipal Water District Certificates of Participation, principal due in varying amounts ranging from $685,000 to $1,425,000 on May 1 of each year through 2004, interest payable on May 1 and November 1 each year at rates varying from 6.4% to 7.3% per annum 12,055 Encina Financing Joint Powers Authority (EFJPA) Installment Purchase Agreement, principal due in varying amounts ranging from $274,630 to $1,049,276 on August 1 of each year from 1994 through 2014, interest payable on February 1 and August 1 each year at rates varying from 6.0% to 6.875% per annum 12.689 24,744 Less unamortized discount and issuance costs (347 Less current portion (685 Total Enterprise Fund Long-term Debt $ 23,712 Reserve funds of approximately $5,130,000 are required to be held in service funds to secure the payment of principal and interest on tl outstanding debt issues b A portion of the Tax Allocation Bonds and the EFJPA Installment Purcl Agreement are subject to mandatory redemption in part from sinking payments. These sinking fund payments have been included in the dt service requirements which follow. 66 (Cont 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (11) Long-term Debt. Continued Debt service requirements to maturity for general long-term debt a follows : Parking and Certificates Authorities Allocation District Parti- Building Tax Asses smen t of c i Da t ion Revenue Bonds Bonds Bonds 1993 $ 316,650 1,137,938 973,180 866,448 3,: 1994 293,200 1,135,828 973,815 865,054 3,: 1995 303,000 1,142,222 972,175 866,873 3,: 1996 287,000 1,146,598 968,290 866,733 3,: 1998-2002 633,000 5,786,452 4,814,602 4,290,225 15,5 2003-2007 - 5,860,824 4,764,000 4,262,400 14,e 1997 150,000 1,148,522 966,918 859,795 391 2008-20 11 - 4.750. 28Q - 1.700.80Q Ad 1,982,850 22,108,664 14,432,980 14,578,328 53,l Less amounts representing interest (497,8501 (10,633,664) 15,967,980) (6,488,328) (E Total general long-term debt $ 1.485.004 11.475.000 8.465 .OOQ 8.090.000a Debt service requirements to maturity for the enterprise funds a follows: Water Enc ina District Installment Certificates of Purchase Participation Ag r e emen t Ts 1993 $ 1,527,538 844,452 2,371 1994 1,528,696 1,110,706 2,634 1995 1,526 , 248 1,108,498 2,63L 1996 1,525,098 1,108,730 2,63: 1997 1 , 5 24 3 822 1,107,542 2363; 1998-2002 7 , 628 , 612 5,527,676 13,15f 2003-2007 3,054,774 5,497,656 8,55: 2008-2012 - 5,460,704 5,46( 2013-2015 - 3.259.035 3.25! 18,315,788 25,024 , 999 43 , 34( interest (6.260.788 1 (12.335. 199) (18.591 Less amounts representing Total Enterprise Fund debt $ 12.055.0OQ 12.689.804 24.741 67 (Cont: 0 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (11) Lonn-term Debt. Continued At June 30, 1992, the City was in compliance with all significant covenants. In November 1988, the District issued $14,370,000 in Certificate Participation. A portion of the proceeds was used to rl $12,000,000 of the outstanding 1984 Certificates of Participation COPs). The District deposited funds in an irrevocable trust wit escrow agent to provide for all future service payments on the COPs. As a result, the 1984 COPs are considered to be defeased an1 liability for those certificates is not included in the Distr financial statements. At June 30, 1992, $10,800,000 of outsta 1984 COPs are considered defeased. The College Boulevard Assessment District Bonds were issued under provisions of the Improvement Bond Act of 1915. The bonds were ir to finance the public infrastructure improvements project on Co: Boulevard. If a delinquency occurs in the payment of the asses1 installments, the City, at the end of the fiscal year of delinquc has a duty to transfer to the debt service fund the amount of delinquency out of available funds of the City. Available consist of any surplus funds of the City not required for 1i municipal obligations. This duty of the City is continuing durinj period of delinquency, until reinstatement, redemption or sale of delinquent property. Even though neither the faith and credit no1 taxing power of the City is pledged for the payment of the bonds City is obligated in the manner stated above. Accordingly, these have been recorded in the general long-term debt account group oj City. The College Boulevard Assessment District has delinquencies in the a of $362,535 for assessments due in fiscal years 1990-91 and 199 Although the delinquencies are 20% of the total assessment, onlj major property owner is delinquent and all principal and int payments were made without use of the reserve fund. The City's su: foreclose on the property is currently being delayed becausc bankruptcy actions a 68 (Conti h 0 W CITY OF CARLSBAD Notes to Combined Financial Statements, Continued (12) Advances To and From Other Funds The following table shows amounts advanced from funds within the Cit: other funds within the City at June 30, 1992: Advances From Advances To hou Park Development Fund $ 2,550, Planned Local Drainage Facilities Fund 300 , Redevelopment Area I1 Fund 30 3 Redevelopment Project Fund 7,460, General Fund Capital Projects Funds: Capital Projects Funds: Capital Projects Funds: Capital Construction Fund Public Facilities Construction Fund 950 Traffic Impact Fund 1,043 Construction Fund Park Development Fund 500 Total advances $ 12.833 Public Facilities (13) 2 The following table shows amounts due from funds within the City to funds within the City at June 30, 1992: Due to General SC &!ad - F Due from: Special Revenue Funds: Section 8 Housing Authority Fund $ 279,577 Senior Nutrition Fund 3,566 Cornunity Development Block Grants Fund 205 , 040 State Grants Fund 139,729 Capital Projects Funds: Enterprise Funds: - 171 171 Water Utility Fund - To tal $ 627.912 - 69 (Cont 0 CITY OF CARLSBAD Notes to Combined Financial Statements, Continued 0 (14) Fun d Balances/Retained Earnings The following is a summary of reserved and unreserved fund balances retained earnings as of June 30, 1992: Governmental Fund Types Speci a1 Debt Ca Fund Bal awes General Revenue Servi cg Prc Reserved for: Loans receivable $ Inventory Prepaid expenditures 43,500 165,881 Debt service Low and moderate income housing - 1,891,697 Rent interruption insurance 131,000 - Encumbrances 676,074 237,261 - 1.9! - 164,488 - 33,358 - - - - 4,904;027 2,4! - - Advances to other funds 7 ,ill ,107 - - 7.995.039 2.459.327 4.904.027 4,4[ capital projects - 121,656 - 18,OI Unreserved : Designated for approved Designated for continuing appropriations 851,738 - - Undesi gnated 7,962.296 3.961.800 - m 8,814.034 4.083.456 - 24,11 Total fund balances $ 16.809.073 6.542.783 4,904,027 2&$ Proprietarv Fund TJ Intel EnterDrise Serv Reserved for: Debt service $ 2,349,167 Rate stabilization and other 1.005. 216 d 3,354,383 Un r e s e rve d 31.467.026 3.790 Total retained earnings $ 34.821.409 1.790 Reserves for loans receivable, inventory, prepaid expenditures advances to other funds, excluding accrued interest thereon, established to show that certain assets are already committed to 1 purposes and are not available for discretionary expenditures. Reserves for debt service represent resources legally restricted tc payment of long-term debt principal and interest maturing in f years. 70 (Conti , e CITY OF CARLSBAD Notes to Combined Financial Statements, Continued 0 (14) Fund Balances/ Retained Earnings. Con tinued Reserves for low and moderate income housing represent monies require1 be expended on low and moderate income housing. Reserves for rent interruption insurance represents monies required ti set aside under a bond indenture. Reserves for encumbrances represent commitments related to unperfc contracts for services and undelivered goods. Reserves for rate stabilization and other represent amounts restrict€ offset future water rate increases and other uses. Unreserved-undesignated represents the fund balance or retained ean remaining after reduction for reserved and designated fund balance retained earnings. As of June 30, 1992, the Capital Projects - Redevelopment Project had a deficit fund balance of $6,657,664. be funded by property tax increments received in the future. This deficit is expect€ (15) Changes in Contributed Cao i tal Intel Enterprise Sen Funds Fur Contributed capital, June 30, 1991 $ 72,448,230 4,676 Additions: Cash 708,460 Fixed assets 2,000 , 936 394 Residual equity transfer from General Fund 329,800 45 9 Residual equity transfer from Enterprise Fund e 41 Contributed capital, June 30, 1992 $ 75.487.426 u 71 (Cont w CITY OF CARLSBAD Notes to Combined Financial Statements, Continued 0 (16) Senme nt Information for EnterDrise Funds The City maintains four enterprise funds that provide water, sewei other services, Segment information for the year ended June 30, is as follows: Carl sbad Municipal To Water Go1 f Sol id Enter 1 strict Course 5.eKe.r !hsk h Operating revenues $ 9,379,035 - 4,248,921 39,244 13,6t Operating expenses: Depreci ati on and amortization 1,124,838 - 1 , 078 , 1 57 - 2,2( Other 8.395. 726 - 2.998.702 100,884 11.4! Operating income (loss) (141,529) - 172,062 (61,640) (: Nonoperating income (expenses), net 1.112.868 60.53 7 11.614.554) 131.129 (3' Net income (loss) $ 971.339 60.537 j1.442.49e) 69.489 (31 Begi nni ng balance 36,552,265 1,530,190 34,365,775 - 72,41 Current year addi ti ons 2,103.759 329.80Q 605.63 7 -3.0: - - 75.41 .. Contributed capital : $ 38.656.0 24 1.859.99Q 34,971.412 Ending balance Property, plant and equipment: Addi ti ons 2.51 2.238 147.854 4.532.9 47 - 7.1' - Deletions 52.636 - 2.542.883 -2.5' - Net working capital $ 17.693.5 47 1.271.781 13.903.3 74 A!iu,xLi operating revenues $12.055.000 - 12.689.800-m - Debt payable from Total assets 68 , 702 , 468 2 , 050,395 68,033,939 98,580 138,81 Total 1 i abi 1 i ties 13.110.617 503 15.453.748 11.679 28.5 Total equity $ 55.59 1,851 2,049,892 52,580.191 86.901 110.3' (17) Assesement District Bond Issues As of June 30, 1992, the City had four series of Assessment DIE Bonds outstanding in the amount of $24,326,210. These bonds issued under the provisions of the Improvement Bond Act of 191 1915 and were used to finance public infrastructure improl projects. 72 (Cont: v CITY OF CARLSBAD Notes to Combined Financial Statements, Continued 0 (17) Assess ment District Bond Issues. Co ntinued Reserve funds of approximately $2,430,000 are held to secure paymei principal and interest on the outstanding bonds. For the bond issuances noted above, the City is not obligated ir manner for the payment of debt service in the event of default b property owners but is only acting as agent for the property owne collecting the assessments, forwarding the collections to bondhol and initiating foreclosure proceedings, if appropriate. Accordi no liability for these bond issuances has been recorded in the Ge Long-term Debt Account Group and all debt service transactions been recorded in an Agency fund. (18) MortBae Revenue BonQ Single-Family Mortgage Revenue Bonds have been issued to provide fun purchase mortgage loans secured by first trust deeds newly-constructed and existing single-family residences. The pu of this program is to provide low interest rate home mortgage loa persons of low or moderate income who are unable to qualifj conventional mortgages at market rates. Multi-Family Housing RE Bonds are issued to provide construction and permanent financii developers of multi-family residential rental projects located i City to be partially occupied by persons of low or moderate income. The balance of the revenue bonds outstanding under these programs June 30, 1992 is $33,281,941. The bonds, together with interest thereon, are limited obligations c City payable solely from bond proceeds, revenues and other a~ deed of trust, irrevocable letters of credit, and irrevocable I bonds. In the opinion of City officials, these bonds are not pz from any revenues or assets of the City, and neither the full fait credit nor the taxing power of the City of Carlsbad, the sta California, nor any political subdivision thereof, is obligated t payment of the principal or interest on the bonds. According1 liability has been recorded in the General Long-term Debt Account ( One of the series of the Multi-Family Housing Revenue Bonds, w current outstanding balance of $14,646,941, is in default d non-payment. The surety is currently paying the debt service c bonds. derived solely from home mortgage and developer loans secured by (19) Commitments and Contingencies The City is a defendant in certain legal actions arising in the course of operations. In the opinion of management and legal co material adverse effect on the City's financial position. any liability resulting from these actions will not result 73 (Cont L @ CITY OF CARLSBAD Notes to Combined Financial Statements, Continued e (19) Commitments and Contingencies Co n t inuea In November 1991, the City of Carlsbad entered into an agreement with San Diego Association of Governments (SANDAG), whereby SANDAG will up to $8,200,000 of TransNet funds from the 1991 Series A Sales Revenue Commercial Paper Notes to the City of Carlsbad 01 reimbursement basis. The funds are to be used by the City of Carl to accelerate the implementation of the Palomar Airport/I-5 Interch Improvement Project. Interest costs on borrowed funds are limite under this agreement during the year ended June 30, 1992. the rate paid by SANDAG on the commercial paper. No money was borr (20) Post-Retirement Health Care In addition to the pension benefits described in Note 7, the District accordance with the District 's Administrative Code, pro1 post-retirement health care benefits to its full-time emplc (including their dependents) who voluntarily retire after the age c with no less than 5 years of service and whose age combined with J of service equals 70 or more or have reached the mandatory retire age with at least 5 years of service. Currently, two retirees these eligibility requirements and are receiving benefits. The District is to pay 100% of the premiums for health insurance whic to be coordinated with Medicare and other benefits provided by fel and state law, when available, to the extent it reduces the COE insurance premiums. Expenditures for post-retirement health approximately $2,300 were charged to expense for post-retirement h care costs during 1992. Based on an actuarial valuation perform4 of November 1991, the District's liability for the current and service costs of these benefits is approximately $1,600,000. benefits are funded on a pay-as-you-go basis. Expenditurer (21) Prior Period Ad1 'us tmen t In prior years, the City recorded interest on advances that measurable but not available as revenue rather than as def revenue. As amounts are not available, they should be accounted f deferred revenue. Therefore, a prior period adjustment was made June 30, 1991 to reclassify the accumulation of these charges ii amount of $2,728,947 from the General Fund fund balance to def revenue. 74 0 APPl 0 Peat Ma rw i c k Certified Public Accountants 750 B Street San Diego. CA 92101 Independent Auditors' Report on Supplementary Schedule of Federal Financial Assistance The Honorable Members of City Council City of Carlsbad, California: We have audited the general purpose financial statements of the Ci' Carlsbad, California (the City) as of and for the year ended June 30, and have issued our report thereon dated October 8, 1991. These ge purpose financial statements are the responsibility of the management o City. Our responsibility is to express an opinion on these general pu financial statements based on our audit. We conducted our audit in accordance with generally accepted aud of the United States. Those standards require that we plan and perfon audit to obtain reasonable assurance about whether the financial state are free of material misstatement. An audit includes examining, on a basis, evidence supporting the amounts and disclosures in the general pu financial statements. An audit also includes assessing the accou principles used and significant estimates made by management, as we1 evaluating the overall financial statement presentation. We believe tha audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the gel purpose financial statements of the City of Carlsbad, California taken whole. The accompanying schedule of federal financial assistance is pres1 for purposes of additional analysis and is not a required part of the gel purpose financial statements. The information in that schedule has subjected to the auditing procedures applied in the audit of the ge purpose financial statements and, in our opinion, is fairly stated in material respects in relation to the general purpose financial state] taken as a whole. standards and Government Auditing Standards, issued by the Comptroller Ge Kfd6 kb&dzC;/lc)&. October 8, 1991 c -, 1 Vewber F rrn of Y v' "e d Pear Marwlcr Goeraeler Sch a 0 CITY OF CARLSBAD Schedule of Federal Financial Assistance For the year ended June 30, 1991 Pass- Pass- Federal/Pass-Through Grantor/ Federal Through Through Toti Grantor's # Expendi - Program Title CFDA # Aaencv MAJOR PROGRAM: Lower Income Housing Assistance Program (Section 8-Existing Housing and State Agency Program) 14.156 N/A N/A $ 1,751 NONMAJOR PROGRAMS : Housing Voucher Program 14.177 N /A N /A 148 Community Development Block Grant/Entitlement Grants 14.218 N/A N/A 20s Community Development Block GrantISmall Cities Program 14.219 A 26299-E 7i Highway Research, Planning and Construction (FAU Entitlement Program) 20.205 B M-5101(10) 45 State and Local Government Fiscal Assistance General Revenue Sharing 21.300 N/A N/A E National Endowment for the Arts - Locals Program 45.023 N/A N/A 11 Title 111, Parts A ti B 13.633 C 29521 1 Special Programs for the Aging, Special Programs for the Aging, Title 111, Part C, Nutrition Services 13.635 C 29521 16! 2 (Cont. , Schedule. Con 0 CITY OF CARLSBAD Schedule of Federal Financial Assistance, Continued For the year ended June 30, 1991 Pass- Pass- Federal/Pass-Through Grantor/ Federal Through Through To 1 Program Title CFDA 11 Agency Grantor's # Expend NONMAJOR PROGRAMS, Continued: National Park Service, Department of the Interior (Historic Preservation Survey) 15.904 D 89-11-211 $ 11 Library Partnership-for-Change (Latino Outreach) 84.034 E 40-1954 21 $ 2.46 Pass-Through Agency: A. The County of San Diego, California. B. C. D. The California Department of Parks and Recreation. E. The California State Library. The California Department of Transportation. The San Diego County Department of the Area Agency on Aging. See accompanying notes to schedule of federal financial assistance. 3 w 0 CITY OF CARLSBAD Notes to Schedule of Federal Financial Assistance For the year ended June 30, 1991 (1) General The accompanying schedule of federal financial assistance presen of Carlsbad (the City). The City's reporting entity is defi Note 1 to the City's general purpose financial statements expenditures of federal financial assistance received direct1 federal agencies as well as expenditures of federal fii assistance passed through other government agencies are included Schedule. expenditures of all federal financial assistance programs of th (2) Basis of Accounting The accompanying schedule of federal financial assistance is prc using the modified accrual basis of accounting, which is descri Note 1 to the City's general purpose financial statements. (3) Relationship ta General Purpose Financial Statements Federal financial assistance program revenues and expenditure reported in the City's general purpose financial statements as fo: Fund Balance (Deficit) June 30, 1990 Revenues Expenditures Transfers Speci a1 Revenue Funds: Community Development Federal Grants (National Endowment for the Arts and Partnershi ps-for- Change) (18,461) 75,366 36,052 - Section 8 Housing Authority 118,545 1,899,457 1,899,847 - 1 Senior Nutrition 9,554 168,162 177,716 - Block Grant ( 41 ,648) 326,999 285,351 - C Block Grant $ 525,200 28,212 - - Capital Projects Funds: Community Development Federal Grants (FAU Entitlement and Historic Preservation) (1,693,251) 1,535,065 59,431 217,617 Revenue Sharing 222.256 18.616 5.277 (235.600) . Total $ _(877) 4.051.87 7 2.463.669 uua3 f (Con! 4 w 0 CITY OF CARLSBAD Notes to Schedule of Federal Financial Assistance, Continued (4) Highway Research, Planning and Construction Grant During fiscal year 1990-1991, all legal action between the C CALTRANS relating to the Highway Research, Planning and Cons Grant was settled. As of June 30, 1991, the City has filed al: for reimbursement, and all amounts have been reimbursed by Ci In its settlement with the City, CALTRANS stated that no findir been or will be made on the question of contract compliance or supervision. The State of California has agreed not to a otherwise review, at any the in the future, the Highway R Planning, and Construction program for contract compliance, supervision, or any other question of compliance with the Agreement, program supplement, or regulations and procedures. 5 APPE v Peat Ma rw ic k Certified Public Accountants 750 E Street San Diego, CA 92101 Telephone 619 233 8000 Telefax 619 696 0121 October 8, 1991 CONFIDENTIAL Honorable Mayor and City Council City of Carlsbad: We have audited the general purpose financial statements of the City o Carlsbad (the City) for the year ended June 30, 1991 and have issued ou report thereon dated October 8, 1991. In planning and performing ou audit of the general purpose financial statements of the City w considered its internal control structure in order to determine ou auditing procedures for the purpose of expressing our opinion on th general purpose financial statements and not to provide assurance on th internal control structure. We have not considered the internal contra structure since the date of our report. A material weakness is a condition in which the design or operation of th specific internal control structure elements does not reduce to relatively low level the risk that errors or irregularities in amount that would be material in relation to the financial statements beir! audited may occur and not be detected within a timely period by employee in the normal course of performing their assigned functions. 01 consideration of the internal control structure would not necessaril disclose all matters in the internal control structure that might 1 material weaknesses under standards established by the American Institut the internal control structure and its operation that we consider to t material weaknesses as defined above. During our audit we noted certain matters involving the internal contrc structure and other operational matters that are presented for yo\ consideration. These comments and recommendations, all of which have bet discussed with the appropriate members of management, are intended 1 improve the internal control structure or result in other operatii efficiencies andAre summarized as follows: of Certified Public Accountants. However, we noted no matters involvir CASH An accountant performs the bank reconciliations at the end of the mptl however, no further review of the accuracy of these reconciliations performed. In addition, we noted that for one bank account, the bank Mernwr F rrn 01 w a Peat Marwick Honorable Mayor and City Council City of Carlsbad October 8, 1991- Page 2 listing of authorized signers had not been updated and contained the nm of an employee who no longer works for the City. In order to ensure tha cash balances are not subject to the risks of errors or irregularities the City should review all bank reconciliations monthly and periodicall update authorized check-signers listings with all bank accounts. Additionally, the City currently has no pdicy fer handling stale-data checks. As a result, several checks remain outstanding on bar; reconciliations, causing additional time monitoring and tracking thes checks. We understand that the City is working on establishing a writte policy to resolve these old, stale-dated checks in accordance with Stat of California law. ADHIlVISTRATIVB EURCTIOHS We noted that several capital projects funds had advances from other func outstanding at year-end which could have been repaid with the cas balances existing within those funds. The City should establish a writtr policy which would enumerate repayment terms and dates for all interfux receivables. This would eliminate excess receivables and payables arisi1 between several funds in the City's records. OVBRFlRAn ALLOCATIONS The City has an indirect cost allocation plan which it follows 1 allocating overhead costs to other funds and departments. However, thi plan is not utilized for allocations to capital projects funds, includir TDA and TransNet. As the City's overhead application factor under il plan is approximately three times the factor that was used for the TDA ar TransNet funds during the year ended June 30, 1991, more indirect cost could have been allocated to these funds and reimbursed through grani from the San Diego Association of Governments. We recommend that the Cil use the same overhead allocation factor for the TDA and TransHet funds 1 it uses on other funds, as this would provide a more systematic a~ uniform procedurdof allocation. e 0 -Peat Marwick Honorable Mayor and City Council City of Carlsbad October 8, 1991' Page 3 PRIOR YEARS' COMMElVT S Debasit Refunds There is currently no reconciliation performed between the detail of th contractor's deposits held in agency funds and the general ledger total The subsidiary ledger should be reconciled to the general ledger on monthly basis. Such reconciliations would reduce the possibility c incorrect amounts being refunded and provide for a more accurat accounting of the liability. Disaster Recovery Plan We noted that there is no disaster recovery plan other than for E1 processing. We recommend that the City develop a formal written plax Such a plan would provide a 8ource of guidance and control for returnir to normal operations in case of a disaster. In addition, manual recorc in the Finance Department are not physically protected in case of a firc We recommend that fireproof cabinets be used for important documents t catastrophe. ensure that important information is not lost in the event of such Payroll and Personnel The payroll clerk has access to the payroll master file and generates tf biweekly payroll. These are incompatible duties and should be segregatc between the Personnel Department and the Payroll Department. Alsc changes made to the payroll master file are not reviewed on a consistex basis by the Personnel Department. We recommend the printing of an edl listing after each master file change. This listing should be reviewed 1 someone other than the individual making the change through comparisc with the source documents. Such a review could prevent unauthorizc changes to the master file and possible overpayment of salaries and/( vacation time. Vacations are not currently required for the City's employees. \ all employees to take regular vacations will strengthen internal contro: by preventing employees from maintaining continuous control over the: areas of responsibility. Replacement personnel often bring a fre: perspective to the job and have been recently instructed in propc procedures. As such, management increases the likelihood of discoverii / recommend that the City institute a mandatory vacation policy. Bequirii w W Peat Marwic k Honorable Mayor and City Council City of Carlsbad October 8, 1991- Page 4 repetitive errors, as well as intentional misrepresentations in th of cross-training duties which allows for uninterrupted activity in th event of unexpected absence or turnover. accounting records. Additionally, this encourages the desirable practic Internal Audit The City currently has only one internal auditor. With the continue growth of the City, the City may want to reevaluate the internal audi function. A properly functioning Internal Audit Department can great1 enhance adherence to internal controls within all of the City' departments and provide additional revenues through audits of variou taxpayers, We would suggest that the City develop an annual interna audit plan indicating the areas to be audited and the time required. I Department so that the necessary reviews can be performed. warranted, the City should consider expanding the Internal Audi ***** This report is intended solely for the use of management and should not t: used for any other purpose. We would like to point out that this letter, by its nature, is critical 1 that its primary emphasis is to convey recommendations for improvement 81 does not include the many strong features of the City's system of interna accounting control. We would like to express our appreciation for the courtesy and help tha was given to us by the staff of the City of Carlsbad during the audit. 1 would be pleased to discuss our comments further at your convenience. / kfn?66%f dA e 0 APPI Peat Marwick ; Certified Public Accountants 750 E Street San Diego, CA 92101 The Honorable Members of City Council City of Carlsbad, California: At your request, we have applied the certain agreed-upon procedures enumei below to the accompanying Appropriations Limit Worksheet of the Cit: Carlsbad, California for the year ended June 30, 1991, solely to assist yc meeting the requirements of Section 1.5 of Article XIIIB of the Calif( Constitution. The procedures performed and our findings were as follows: 1. We read Article XIIIB of the California Constitution. 2. We obtained the completed Appropriations Limit Worksheet and deter] that the appropriation limit and annual adjustment factors were adc by resolution of the City Council. We also determined that population and inflation options were selected by a recorded vote oi City Council. 3. For the accompanying Appropriations Limit Worksheet, we added last YE limit to the total adjustment, and compared the resulting amount to year's appropriation limit and found it to be in agreement. 4. We compared the current year information presented in the accompar Appropriations Limit Worksheet to the other supporting worksheets found it to be in agreement. 5. We compared the prior year's appropriation limit presented in accompanying Appropriations Limit Worksheet to the prior ye appropriation limit, as adjusted, which was adopted by the City Cot and found it to be in agreement. Because the above procedures do not constitute an audit conductec accordance with generally accepted auditing standards, we do not expres opinion on any of the items referred to above. In connection with procedures referred to above, no matters came to our attention that cause to believe that the accompanying Appropriations Limit Worksheet was computed in accordance with Article XIIIB of the California Constitution. we performed additional procedures or had we conducted an audit in accord with generally accepted auditing standards, other matters might have com our attention that would have been reported to you. This report-re1 solely to the items specified above and does not extend to any finar statements of the City of Carlsbad, taken as a whole. -- - -~ - Member Firm of ---A Klynveld Peat Marwck Goerdeler e 0 This report is intended solely for the use of management and members oj City Council of the City of Carlsbad and should not be used for any purpose. This restriction is not intended to limit the distribution of report which, upon acceptance by the City of Carlsbad, California, is a m of public record. Kt46 PddA April 6, 1992 * e CITY OF CARLSBAD, CALIFORNIA Appropriations Limit Worksheet Year ended June 30, 1991 A. Appropriation limit at June 30, 1990 $ 45,797,( B. Adjustment factors: Population (X) 1.0243 X Inflation (X) 1.1250 X Total adjustment (x) 1.1523 % C. Total adjustment 6.976 .( D. Appropriation limit at June 30, 1991 $52.773.( ----- ------ ------------- ----------- ------- I L-1 L ------------ -- ------------------ I L,I__-,---,---,----,,___________ 24 $3 ,,E3 sg 2g I ii q !I d =z W $2 52 d E 3 E E b 1 W 4 Q 2 :8 h 2; [ 1q E 2 3: Vd $8 ' E; 2g 82 UQ gi2 %a 2 c3 38 $3 fie 52 $2 t Gg <O a Y 2 ilg, \i!i jji tn $3 E 89 J 2g $2 w sg J % 3g !!! I4 i E8 vu ' $5 $2 cn - 22 sz m 5 go rib Ya 22 0 0 APPENDIX I AGREEMENT THIS AGREEMENTI made and entered into as of the day of , 19-, by and between the CITY OF CARLSBAD, a municipal corporatior I hereinafter referred tl hereinafter referred to as "City", and as "Consultant". RECITALS City requires the services of a consultant to provide the necessary of qualifications to provide the services required by the City; services for preparatioi ; and Consultant possesses the necessary skills anc NOW, THEREFOREI in consideration of these recitals and the mutual covenant contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS 1 t e e 2. CITY OBLIGATIONS The City shall 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt o notification to proceed by the City and be completed within days of that date Extensions of time may be granted if requested by the Consultant and agreed to ir writing by the . The will give allowancc for documented and substantiated unforeseeable and unavoidable delays not caused b: a lack of foresight on the part of the Consultant, or delays caused by City inaction o other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment c Fees," and shall be $ . No other compensation for services will bi allowed except those items covered by supplemental agreements per Paragraph E "Changes in Work." 5. DURATION OF CONTRACT This agreement shall extend for a period of from date thereof. Thr additional two (2) year periods, based up01 contract may be extended for satisfactory performance and the City's needs. 2 a 0 6. PAYMENT OF FEES 7. FINAL SUBMISSIONS Within days of completion and approval of the th Consultant shall deliver to the City the following items: 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the CiO and informal consultations with the other party indicate that a change in the condition of the contract is warranted, the Consultant or the City may request a change in contrac Such changes shall be processed by the City in the following manner: A letter outlinin! the required changes shall be forwarded to the City by Consultant to inform them of thl proposed changes along with a statement of estimated changes in charges or timf schedule. A supplemental agreement shall be prepared by the City and approved by thc City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72 Such supplemental agreement shall not render ineffective or invalidate unaffected portion! of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any cornpan' 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 3 0 e or any other consideration contingent upon, or resulting from, the award or making of thi: agreement. For breach or violation of this warranty, the City shall have the right to annL this agreement without liability, or, in its discretion, to deduct from the agreement pricr or consideration, or otherwise recover, the full amount of such fee, commission percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regardin! nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work a provided for in this contract, the City may terminate this contract for nonperformance b notifying the Consultant by certified mail of the termination of the Consultant. Thc Consultant, thereupon, has five (5) working days to deliver said documents owned by thl City and all work in progress to the . The shall make, determination of fact based upon the documents delivered to City of the percentage c work which the Consultant has performed which is usable and of worth to the City i having the contract completed. Based upon that finding as reported to the City Manage1 the Manager shall determine the final payment of the contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreemen the following procedure shall be used to resolve any question of fact or interpretation nc otherwise settled by agreement between parties. Such questions, if they becom identified as a part of a dispute among persons operating under the provisions of thi contract, shall be reduced to writing by the principal of the Consultant or the City - 4 0 0 . A copy of such documented dispute shall be forwarded to both partie: involved along with recommended methods of resolution which would be of benefit tc both parties. The City or principal receiving the letter shall reply to thc letter along with a recommended method of resolution within ten (10) days. If thl resolution thus obtained is unsatisfactory to the aggrieved patty, a letter outlining thl dispute shall be forwarded to the City Council for their resolution through the Office of thl City Manager. The City Council may then opt to consider the directed solution to th problem. In such cases, the action of the City Council shall be binding upon the partie involved, although nothing in this procedure shall prohibit the parties seeking remedie available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) day written notice to the other party. In the event of such suspension or termination, up0 request of the City, the Consultant shall assemble the work product and put same i order for proper filing and closing and deliver said product to City. In the event c termination, the Consultant shall be paid for work performed to the termination datc however, the total shall not exceed the lump sum fee payable under paragraph 4. Th City shall make the final determination as to the portions of tasks completed and th compensation to be made. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s ow way as an independent contractor and in pursuit of Consultant’s independent calling, an not as an employee of the City. Consultant shall be under control of the City only as 1 5 0 0 the result to be accomplished, but shall consult with the City as provided for in thc request for proposal. The Consultant is an independent contractor of the City. The payment made to thc Consultant pursuant to the contract shall be the full and complete compensation to whicl the Consultant is entitled. The City shall not make any federal or state tax withholding! 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 indemnif the City for any tax, retirement contribution, social security, overtime payment, or workers compensation payment which the City may be required to make on behalf of thi 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 anc Control Act of 1986 and shall comply with those requirements, including, but not limitec to, verifying the eligibility for employment of all agents, employees, subcontractors ani consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to a applicable requirements of law: federal, state and local. Consultant shall provide 2 necessary supporting documents, to be filed with any agencies whose approval i necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein require are the property of the City, whether the work for which they are made be executed ( 6 e * not. In the event this contract is terminated, all documents, plans, specifications drawings, reports, and studies shall be delivered forthwith to the City. Consultant shal have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the worl pursuant to this contract shall be vested in City and hereby agrees to relinquish all claim! to such copyrights in favor of City. 18. 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 negligen acts, errors or omissions of Consultant or Consultant’s agents, employees, o representatives. Consultant agrees to defend, indemnify, and save free and harmless thl 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 plan and specifications, and any cost, expense or attorney’s fees which are incurred by th City on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies du thereunder without the prior written consent of the City. 20. SUBCONTRACTING The Consultant shall not subcontract any of the work under this contract without th prior written permission of the City. If permission is obtained, Consultant shall be full 7 e e responsible to the City for the acts and omissions of Consultant’s subcontractor and 01 the persons either directly or indirectly employed by the subcontractor, as Consultant k for the acts and omissions of persons directly employed by Consultant. Nothins contained in this contract shall create any contractual relationship between an) subcontractor of Consultant and the City. The Consultant shall bind every subcontractoi and every subcontractor of a subcontractor by the terms of this contract applicable tc Consultant’s work unless specifically noted to the contrary in the subcontract in questior approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City tc negotiate, make, accept, or approve, or take part in negotiating, making, accepting, o approving of this agreement, shall become directly or indirectly interested personally ii this contract or in any part thereof. No officer or employee of the City who is authorize( in such capacity and on behalf of the City to exercise any executive, supervisory, c similar functions in connection with the performance of this contract shall become direct1 or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the Cit either before, during or after the execution of this contract, shall affect or modify any ( the terms or obligations herein contained nor entitle the Consultant to any addition payment whatsoever under the terms of this contract. 8 a 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "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 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above 25. CONFLICT OF INTEREST The Consultant shall shall not file a conflict of interes statement with the city clerk in accordance with the requirements of the City of Carlsbac conflict of interest code. The disclosure categories shall be categories 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insurance automobile liability insurance, and a combined policy of worker's compensation an1 employers liability insurance from an insurance company authorized to do business in th State of California which meets the requirements of City Council Resolution No. 91-40 in an insurable amount of not less than one million dollars ($1,000,000) each, unless lower amount is approved by the City Attorney or the City Manager. This insurance shz be in force during the life of this agreement and shall not be canceled without thirty (3( days prior written notice to the City sent by certified mail. .... .... .... .... 9 e The City shall be named as an additional insured on these policies. The Consultan shall furnish certificates of insurance to the City before commencement of work. Executed by Consultant this day of , 192 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California (name of Consultant) By: City Manager or Mayor By: (sign here) ATTEST: (print name here) (title and organization of signatory) ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign foi corporations. If only one officer signs, the corporation must attach a resolution certifiec by the secretary or assistant secretary under corporate seal empowering that officer tcl bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY Deputy City Attorney B:\AGREEMENTS\AUDIT.AGR 10