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HomeMy WebLinkAbout1995-03-28; City Council; Resolution 95-71r\ * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ? e RESOLUTION NO. 95-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HALE CARTER CONSULTING TO PERFORM ADMINISTRATIVE SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, the City of Carlsbad is responsible for administration of Community Facilities District No. 1; and WHEREAS, the City requires the services of a consultant to assist in the administration of the District; and WHEREAS, funding for the services is included in the 1994-95 CFD No.1 taxes; and WHEREAS, the City has selected Hale Carter Consulting as the consultant firm to perform CFD No. 1 administrative services because of their specific knowledge and experience with CFD No. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That Hale Carter Consulting shall provide consultant services to the City for CFD No. 1. 3. That the fees and compensation for said services shall not exceed $75,000 and shall be as described in the attached consultant agreement (Exhibit A). Ill b - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 0 4. That the Mayor is authorized to sign the attached consultant agreement (Exhibit A). 5. That funds are available in the Community Facilities District No. 1 Fund for consulting services. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 28th day of MARCH , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None .> ABSENT: Council Member Kulchin n, ATTEST: ALETHA L. RAUTENKRANZ, City Cl$k (SEAL) F:\USERS\EROPE\WPDATA\AGENDA\CFDV\DMNCNS.RES m v 0 EXHIBIT AGREEMENT THIS AGREEMENT, made and entered into as of the ,%*day of M/4wfl 19% by and between the CITY OF CARLSBAD, a municipal corporation, hereinaft referred to as "City", and HALE CARTER CONSULTING, hereinafter referred to , "Contractor." RECITALS City requires the services of a municipal financial consulting and administrati! contractor to provide assistance in the annual administration of the City's Commur Facilities District No. 1 (CFD No. 1); and Contractor possesses the necessary skills a qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS - Contractor shall provide special district administrative services by providing ann administration of the City's CFD No. 1. The services shall include the following task Task 1 b Work with the Planning and Finance departments in estimating fut development growth for cash forecasting purposes. b Calculate annual cashflows for determining tax rates. b Apply tax rates to parcels and submit roll to County. b Research and resubmit all rejections and corrections to the tax roll. rev.2/' 1 .. v 0 Task 2 b Assist Finance and Community Development departments in processi annexations to the District (including submitting information to the Counl b Document and review procedures for administration of the District includi suggestions for improvement. Task 3 b Answer questions and perform tax calculations for property owners E developers as needed. b Perform other special research projects as they arise. In addition, Contractor shall respond in some manner to all requests by City st property owners or developers within 1 business day of receipt of the request. Thi! not to say that the request must be fulfilled by that time, but rather that someone contact the requestor by telephone, fax or letter to acknowledge their request t provide an estimate of when the information will be forthcoming. 2. CITY OBLIGATIONS The City shall provide background information and documentation as approprl and make staff available to answer questions as necessary. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receip notification to proceed by the City and will continue for one (1) year, with option! extend the contract for three (3) additional one (1) year periods. rev.2/' 2 m 0 0 4. FEES TO BE PAID TO CONTRACTOR The hourly rate for the services provided by the Contractor shall be as follows, Principal $85 Programmer 50 Secretary 25 The total fees shall not exceed $75,000 and shall be payable according Paragraph 6, "Payment of Fees." No other compensation for services will be allow( except those items covered by supplemental agreements per Paragraph 8, "Changes Work." The hourly rate may be increased at each extension date by not greater than t increase in the Consumer Price Index. Any increases must be negotiated and agre upon in writing by both the City and the Contractor prior to the extension of the contra 5. DURATION OF CONTRACT This agreement shall extend until February 1, 1996. The contract may extended by the City Manager for three (3) additional one (1) year periods or pa thereof, based upon a review of satisfactory performance and the City's needs. 1 parties shall prepare extensions in writing indicating effective date and length of . extended contract. 6. PAYMENT OF FEES . On or before the tenth (10th) working day of each month, Contractor shall suk his/her invoice for work performed during the prior month, with a detail of hours i tasks performed. Payment of approved items will be based on the hourly rates deta rev.2/1 3 w 0 in the "Hourly Rates/Not to Exceed" section of the Contractor's Proposal for Admil istrative Services. Payment shall be mailed to the Contractor prior to the last day of ti- month the invoice was submitted. 7. FINAL SUBMISSIONS On or before the following dates the Contractor shall provide to the partic specified the following information: June 1, 1995: CFD tax roll information to Finance Director. (Information to t used in "Approval of Following Year's CFD Taxes to be Placed on Tax Roll" Agenda 6; due before Council 6/27/95. Auqust 1, 1995: Transmit taxes for each parcel and the City Council Resolutil to the San Diego County Auditor-Controller in the required format and verify acceptan of the tax on all parcels within the CFD. Auqust 10, 1995: Research and resubmit all rejections and corrections to the 1 roll. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or I City, and informal consultations with the other party indicate that a change in 1 conditions of the contract is warranted, the Contractor or the City may request a char in contract. Such changes shall be processed by the City in the following manner: letter outlining the required changes shall be forwarded to the City by Contract01 inform them of the proposed changes along with a statement of estimated change! charges or time schedule. A supplemental agreement shall be prepared by the City : rev.211 4 W 0 approved by the City according to the procedures described in Carlsbad Municipal Cc Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any comp or person, other than a bona fide employee working for the Contractor, to solici. secure this agreement, and that Contractor has not paid or agreed to pay any comp or person, other than a bonafide employee, any fee, commission, percentage, broker fee, gift, or any other consideration contingent upon, or resulting from, the awarc making of this agreement. For breach or violation of this warranty, the City shall h the right to annul this agreement without liability, or, in its discretion, to deduct from agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarc nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the v as provided for in this contract, the City may terminate this contract for nonperformz by notifying the Contractor by certified mail of the termination of the contractor. Contractor, thereupon, has five (5) working days to deliver said documents owned b! City and all work in progress to the City Finance Director. The Finance Director make a determination of fact based upon the documents delivered to City 01 rev.2/ 5 W e percentage of work which the Contractor has performed which is usable and of wor to the City in having the contract completed. Based upon that finding as reported to tt City Manager, the Manager shall determine the final payment of the contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreemer the following procedure shall be used to resolve any question of fact or interpretation n otherwise settled by agreement between parties. Such questions, if they becon identified as a part of a dispute among persons operating under the provisions of tt contract, shall be reduced to writing by the principal of the Contractor or the City Finanl Director. A copy of such documented dispute shall be forwarded to both parti involved along with recommended methods of resolution which would be of benefit both parties. The City Finance Director or principal receiving the letter shall reply to ti letter along with a recommended method of resolution within ten (10) days. If tl resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining t dispute shall be forwarded to the City Council for their resolution through the Office the City Manager. The City Council may then opt to consider the directed solution to t problem. In such cases, the action of the City Council shall be binding upon the parti involved, although nothing in this procedure shall prohibit the parties seeking remedi available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) dz written notice to the other party. In the event of such suspension or termination, up request of the City, the Contractor shall assemble the work product and put same rev.211 e 6 0 e order for proper filing and closing and deliver said product to City. In the event termination, the Contractor shall be paid for work performed to the termination dat however, the total shall not exceed the lump sum fee payable under paragraph 4. TI City shall make the final determination as to the portions of tasks completed and ti compensation to be made. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s 01 way as an independent contractor and in pursuit of Contractor’s independent calling, a not as an employee of the City. Contractor shall be under control of the City only as the result to be accomplished, but shall consult with the City as provided for in . request for proposal. The persons used by the Contractor to provide services under t agreement shall not be considered employees of the City for any purposes whatsoeb The Contractor is an independent contractor of the City. The payment made the Contractor pursuant to the contract shall be the full and complete compensatior which the Contractor is entitled. The City shall not make any federal or state withholdings on behalf of the Contractor or his/her employees or subcontractors. . City shall not be required to pay any workers’ compensation insurance or unemployrr contributions on behalf of the Contractor or his/her employees or subcontractors. Contractor agrees to indemnify the City for any tax, retirement contribution, sc security, overtime payment, unemployment payment or workers’ compensation payr which the City may be required to make on behalf of the Contractor or any employe subcontractor of the Contractor for work done under this agreement. rev.21 7 * a. The Contractor shall be aware of the requirements of the Immigration Reform a Control Act of 1986 and shall comply with those requirements, including, but not limil to, verifying the eligibility for employment of all agents, employees, subcontractors a Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Contractor shall provide necessary supporting documents, to be filed with any agencies whose approvz necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as he required are the property of the City, whether the work for which they are made executed or not. In the event this contract is terminated, all documents, PI; specifications, drawings, reports, and studies shall be delivered forthwith to the ( Contractor shall have the right to make one (1) copy of the plans for hidher recorc 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the ' pursuant to this contract shall be vested in City and hereby agrees to relinquish all cl to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabi penalties, fines, or any damage to goods, properties, or effects of any person whal rev.2 8 e 0 nor for personal injuries or death caused by, or resulting from, any intentional negligent acts, errors or omissions of Contractor or Contractor’s agents, employees, representatives. Contractor agrees to defend, indemnify, and save free and harmless tl City and its officers and employees against any of the foregoing claims, liabilitit penalties or fines, including liabilities or claims by reason of alleged defects in any pla and specifications, and any cost, expense or attorney’s fees which are incurred by t City on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies c thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under 1 contract by the Contractor, Contractor shall be fully responsible to the City for the 2 and omissions of Contractor’s subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omission persons directly employed by Contractor. Nothing contained in this contract shall crf any contractual relationship between any subcontractor of Contractor and the City. Contractor shall bind every subcontractor and every subcontractor of a subcontractc the terms of this contract applicable to Contractor’s work unless specifically noted tc contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the C- negotiate, make, accept, or approve, or take part in negotiating, making, acceptin rev.2 9 0 ab approving of this agreement, shall become directly or indirectly interested personally this contract or in any part thereof. No officer or employee of the City who is authoriz in such capacity and on behalf of the City to exercise any executive, supervisory, similar functions in connection with the performance of this contract shall become direc or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of City, either before, during or after the execution of this contract, shall affect or modify of the terms or obligations herein contained nor entitle the Contractor to any additic payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all ter conditions, and provisions hereof shall inure to and shall bind each of the parties he1 and each of their respective heirs, executors, administrators, successors, and assi! 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written ab 25. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Cle accordance with the requirements of the City's conflict of interest code. The disclc required shall be for all categories. 26. INSURANCE The Contractor shall obtain and maintain policies of general liability insur automobile liability insurance, and a combined policy of worker's compensatiol rev.: 10 * U employers liability insurance from an insurance company authorized to do business the State of California which meets the requirements of City Council Resolution No. E 403 in an insurable amount of not less than one million dollars ($1,000,000) each, unle a lower amount is approved by the City Attorney or the City Manager. This insurar shall be in force during the life of this agreement and shall not be canceled without thi (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. 1 Contractor shall furnish certificates of insurance to the City before commencemen+ work. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to recc written notice on behalf of the City and on behalf of the Contractor in connection with foregoing are as follows: For City: For Contractor: J- /// / . /* - .,- 7 , , L-C" LISA HILDABRAND ~-/-; 7' 2- . .< / - " ). Finance Director Principal City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Hale Carter Consulting 2393 Sleepy Hill Lane Escondido CA 92026 rev.; 11 i 0 0 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for 1 duration of the contract. Executed by Contractor this 30% day of MACH , 1995. CONTRACTOR: Hale Carter Consulting CITY OF CARLSBAD, a municipal corporation of the State of California By: B Principal Mayor ATTEST: UTHALJ~UTENMANZ City Clerk C/ KAREN R. KUNDTZ, Assistant City Cie: (Proper notarial acknowledgment of execution by Contractor must be attachec (President or vice-president and secretary or assistant secretary must sign corporations. If only one officer signs, the corporation must attach a resolution certi by the secretary or assistant secretary under corporate seal empowering that office bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: I City Attorney q. g .Tu rev.2/ 12 CALIFORNIA ALL-PURPO 9 E ACKNOWLEDGMENT 0 W State of C~I - \&n;a I County of ~n Drew . I On 3/30!95 before me, buieneM.%~~. NLhrq pd personally appeared c DATE NAME, TITLE OF OFFI~R - E.G.. "JANE DOE, NOTAR) PUBLIC" NAME(S) OF SIGNER@) '$I personally known to me - OR - z ,~l&a ui ~~iisfacb amk to be the personw whose namh subscribed to the within instrument and knowledged to m the same in capacityw, and that by )$S,!(@j signatureB on the instrument the perso or the entity upon behalf of which person% acted, executed the instrum WITNESS my hand and official seal. I I SIGNATURE& NOTARY k - I I I I I OPTIONAL I I Though the data below is not required by law, it may prove valuable to persons relying on the document and could fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUN I 0 INDIVIDUAL CORPORATE OFFICER I TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED c] AVORNEY-IN-FACT 0 GENERAL - NUMBER OF PAGES u TRUSTEE(S) [7 GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABC 1 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 71 84 Canoga Par 0 0 EXBIBIT 2 HALE CARTER CONSULTING Municipal Financial Consulting and Administration 2393 Sleepy Hill Lz Escondido CA 92C 6 19-480-24 February IO, 1995 i Lisa Hildabrand Finance Director CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad CA 92008 -2 ,. 4 RE: PROPOSAL TO PROVIDE ADMINISTRATIVE SERVICES FOR COMMUN FACILITIES DISTRICT NO. 1 Hale Carter Cons'ulting is pleased to present the City of Carlsbad with this proposa provide Special District Administrative Services for Community Facilities District No. My six year history with the City with respect to the formation and administratior Community Facilities District No. 1 provides evidence of our ability to provide the City \ the expertise and assistance required. During these years solid working relationst have been formed with staff. These relationships are an important element when viability of this district requires that each department understand how their efforts ef the unique challenge presented by capital financing via a CFD special tax levy. Personal commitment and dedication have also been demonstrated. We offer pro ability, unequaled experience, solid affiliations, uncompromised commitment competitive pricing all of which is concisely detailed within the following proposal. addition,' we are taking this opportunity to introduce the City of Carlsbad to the nc established firm of Hale Carter Consulting by including a brief background of the fi If you have any questions regarding this proposal or you need additional informa please be in contact. @&-Q"/" L ' Barbara Hale-Carter FILE: WFILES\ADMINWROPSU I 0. 0 ~ PROPOSAL FOR ADMINISTRATIVE SERVICI Introduction to the Firm: i 1 i ; The past year has been one of transitions. In April of 1994, Kadie-Jensen, Johnsor Bodnar sold the administrative services portion of their business to Muni Financ Services. That move placed additional demands on my time that did not allow adequ; attention to my existing clients. Wanting to return to a more personal focus with clien Hale Carter Consulting, -a Municipal Financial Consulting and Administrative Compal was created. Hale Carter Consulting assists California public entities in structuring, executing i administrating financing plans to fund both capital improvement programs and operatio Many municipalities in California are familiar with our quality work as. special consultant, special district administrator, financial and facilities planner, and finanl advisor. Please see Exhibit "A" for a listing of references. Firm Philosophy: The firm's philosophy is one of maintaining a direct relationship with the client by ha\ one key consultant intimately familiar with that client and project(s). This one on ( relationship shows in the work product, and in enthusiasm. The client is given a se. of commitment and dedication. Our greatest strength lies in the ability to individualize efforts to the needs of our clients. .. .. .. We Gake a special effort to anticipate and respond to changes in legislation and provide the City with the expertise necessary to administer the District in accordance ' current laws. Our recommendations regarding procedures for administration will take account not only the laws but also anticipate the requirements of various credit marl so that the City is prepared should the need for debt issuance arise. Firm Qualifications / Assignment of Contact Person: The principal of the firm, and assigned contact person for the project, Barbara H Carter, bas extensive experience and knowledge in the field of special district forma administration, and financial advisory services. Please reference Exhibit "B" for a res detailing her professional experience and sample projects. Barbara's extensive general knowledge is coupled with an in depth familiarity of the of Carlsbad's CFD No. 1. From approximately 1988 to June of 1990, Ms. Carter wo with City staff in the development of the special tax formula for CFD No. 1. This 1 Page 1 .._ i e 0 PROPOSAL FOR ADMINISTRATIVE SERVICI spanned from data gathering and manipulation, to cash flow modeling of numero scenarios, to property owner education meetings. Because of this first hand experienc Ms. Carter is unequalled, outside of City staff, in her knowledge of the specifics about t CFD. It is critical to not only know the specifics of the tax formula but also to fL understand how those specifics evolved. Ms. Carter has been providing administrative services to the City of Carlsbad CFD b in January of 1992 was to provide immediate full service administration, long te education to staff, and to develop procedures to transition a portion of the administral to staff. Each year we have set and accomplished steps towards achieving the long tf goals. ? .f I since January of 1992, The focus of the special district administration contract sigr .. . .. .f In 1992 the goal was general education. Through monthly educational CFD meetil with appropriate staff from each department, daily procedures for administration w developed. A CFD information packet was created for reference by staff and is usec a handout to the public. The Permits System was upgraded to provide a warning I . when accessing CFD parcels and an additional information screen was added to pro\ pertinent CFD data. A CFD one-time special tax calculation sheet was developed to in the accurate calculate of the CFD special tax collected at building permit issuance. this and the following calendar year all calculations sheets were reviewed by Ms. Ca I prior to the issuance of the building permit. . During the 1993 calendar year the goal was to transfer some of the daily administra to staff. The primary focus was the building department counter staff, in particular, h Peterson. It has been a process of education by experience. Each Thursday, Ms. Ca visited Community Development and answered questions by all staff focusing in on review of special tax estimates and building .permits in process. Property OM questions were answered by Ms. Carter in all detail and with example special calculations. Actual special tax estimates, even if they were reviewed on Thursda! the administrator, were provided by the building department. This allowed Mr. Peter! guided by the administrator, to be a single source for CFD special tax calculati improving continuity and consistency among one-time special taxes charged. By : end, monthly multi-departmental .I educational CFD meetings were being held quarte Achieving the transfer of limited daily administration freed time to set and achiel second goal for the year, more accurate growth projections. Education was focuse the Planning department. The planners gained an understanding of how their \ influenced the success of the CFD and the administrator gained an understanding of use planning in Carlsbad. Growth projections for all local facilities management z( earmarked for participation in the CFD were forecast. Combined with Grl 9 Page 2 .. e 0 PROPOSAL FOR ADMINISTRATIVE SERVlCl Management estimates of potential acres impacted by habitat, the information provid the CFD with the most accurate cash flow forecast to date. In 1994, we continued focus further on the independence of the City in administratic Written procedures were documented to united the efforts of Planning, Engineering a Finance in the processing of annexations. Building and Finance solidified the transfer daily permit issuance and CFD calculation sheet information. Planning is now able receive the assignment of assessor parcel numbers from the County within days of fi map approval. And Building became still more independent in the estimation a collection of CFD one-time special taxes. 1 This historical recount of administration work is provided to show just how far we hz come in meeting the challenge of administering this CFD and to demonstrate Hale Cat Consulting's ability, experience, and commitment. We are proud of the goals that hz administration. . . . .. 1 4 been reached. These accomplishments serve the City in areas beyond C I Consultint Responsibilities: 4 The focus of the special district administrative services contract should continue to full service administration, staff and public education, the development of procedure! -1 t better forecast funding ability and the independence of the City in administration. - i proposed following tasks would continue to improve the ability to reach those goals i would streamline administration efforts. Proposed Future Annual Goals 1. Coordinate the efforts of Planning and the Administrator when new paro information is added to the Permit System. This would improve the integri of the Permit System., ,. 2. Improve the ability of the Permit System to aid the Planning department. Th would streamline the efforts of both the administrator and the planners whe arriving at annual growth projections and verrfying vacant developable acrc for CFD purposes and in general. integrate with that used by the Finance department for budgeting and CI purposes. Update the forecasting model for efficiency and accuracy. 4. Document and organize policy decisions for historical reference. This wou promote consistency in the application of special taxes. 3. Revise computer cashflow models to be user friendly and forr,ratting i Page 3 - .. .. ! d * 1 0 e PROPOSAL FOR ADMINISTRATIVE SERVE Hourly Rates I Not to Exceed: .. In 1992 the not to exceed figure for administrative services was set at $80,000. Becai actuals did not even come close to approaching that figure, the not to exceed figure M lowered to $65,000 when the contract was renewed almost two years later. These fa demonstrate that the not to exceed figure is difficult to estimate. It also shows that believe in providing what is required for full service administration and not billing or do work just because there is an additional amount -authorized. .. .. The not to exceed figures given below are estimates and the task numbers correspc to those shown'irl the request for proposal. An accurate estimate is difficult for Tas because estimating future development for forecasting is influenced, among other thir .by the general. rate'of development in .the City. The task involves not just estima growth projections but verrfying the accuracy of net acres, the accuracy of the statu agricultural property, .the reassessment of potential habitat, and general updating ba on any revisions to approved plans. The not to exceed figure shown allows for sc unknown. Similarly, Task 2 is only-a rough estimate which will be influenced by number of annexations .. and the astuteness of the land owner. Schedule' of hourly billing 'rates and not to exceed figures for Tasks 1 and 2: , . .. .. . , .. .. -! . .. . .. . .. Hourly Billing Rates: Principal:. . . . .. $85.00 . Programmer: $50.00 Secretary: , . . .I $25.00 .. .. ,. .. . . .. .I Out of pocket expenses kill be charged to the City 'at cost for items such as Cor recordation and assessor.parcel maps. Mileage, phone charges, and general lim copying is not expensed. ' .. ..i .. .I .. -. . . . . Not to Exceed:. - . . Task I- $65,000 Task 2 .. $1 0,000 . .. . Payment Expectations: Billing will be submitted on a monthly basis with a detail of hours'and tasks perforr Page 4 L 0 e PROPOSAL FOR ADMINISTRATIVE SERVlCt Term of Contract: The term of the contract will be for a one year period with options to extend the contr; for three additional one year periods. Hourly rates may be subject to increa corresponding to increases in the Consumer Price Index each March 1 commencing w .,I i March 1, 1996. Response Guarantee: All requests made by City staff, property owners or developers will be addressed of the request. The requesting party will be provided with either immediate satisfad 1 telephone, fax or'letter to acknowledge their request within one business day of 'rect 7 or an estimate of when the information will be forthcoming. ! Acceptance of Standard .Consultant Agreement: The language in the example contract is acceptable. + t Page 5 1 - e 0 -. EXHIBIT A REFERENCES San Marcos Unified School District Address: One Civic Center Drive, Suite 300 San Marcos CA 92069 1 Contact: Service ' , Provided: . '? $ David 6. Allmen . Assistant Superintendent of Business Services Telephone: (61 9) 752-121 2 Community 'Facilities District Administrator for both CFD No. 1 and CFD I 2. Financial Advisor for the issuance of Mello-Roos Bonds for both distr and the refunding of Certificates of Participation. Both Districts w acquisition districts executed under joint powers with the Vallecitos W District. Administration includes the verification of compliance with acquisition agreement for the release of funds from the acquisition acwl Both Districts are large subdivison type districts and both have experienl and continue to experience prepayments. Administration requires cons1 property owner and developer contact. Date work performed: June 1 I to present. i 1 Calexico Unified School District Address: 901 Andrade Avenue Calexico Ca 92231 Contact: Jack N. Goad- Assistant Superintendent of Business Services Telephone: (61 9) 357-7355 Service Community Facilities District Administrator CFD No. 1. Financial Adu Provided: for the issuance of Certificates of Participation; the principal sourct prepayment is special taxes. Special Tax Consultant for the formatio the CFD. Registered voter approved district. The boundaries of the ( are coterminous with those of the District; current parcel c( approximately 5,800. Date work performed: January 1991 to January 1 ! Exhibit A - Page 1 A - I .6 4 .; t 1 1 { $ i * 0 REFERENCE Yucaipa Calimesa Joint Unified School District Address: 12797 Third Street Yucaipa CA 92399 Contact: John Malone Assistant Superintendent of Business Services Telephone: (909) 797-0174 . . .. Service Financial Advisory work for the issuance of hnro Certificates of Participati Provided: and one refunding Certificates of Participation. The school district's ha: district wide community facilities district that is setf administered. Analy of the CFD was performed as required to monitor viability, funding capac and in preparation for bond sale. 'Date work performed: June 1990 to A 1994. City of Chula vista Address: 276 Fourth Avenue Chula Vista CA 91910 .. Contact: Lyman Christopher Past Finance Director San Diego Ca 92108 Telephone: (61 9) 296-3665 , ' 7801 Mission Center Court, Suite 460 Service Financial Advisory services for the formation of four assessment distril Provided: ' Two districts overlap one or more other districts and provide infrastruct financing for streets, water and sewerage services for the Eastl; Development and Olympic Training Facility. Special Assessment BOI were issued for each district. Each issuance required in depth analysi: current value to lien, developed statistics, land marketability, and stab of vacant land ownership. Date work performed: June 1990 to April I9 Exhibit A - Page 2 e 0 I REFERENCI t 1 a 1 i 7 j Sweetwater Union Hlgh School District Address: 11 30 Fifth Avenue Chula Vista CA 91 910 Contact: Andrew C.ampbel1 Director of Planning and Facilities telephone: (61 9) 691 -5553 Service ' Formation of Community Facilities Districts No. 5, 7 and 8. CFD No. ! Provided: , an annexable CFD for property within the school district which overlaps v the Chula Vista Elementary School District. CFD No. 8 is an annexa CFD for, property within the school district which overlaps with the I Ysidro School District. Several annexations to CFD No. 5 were process Prepayment calculations were performed. -Financial Advisory services the issuance and refunding of three Mello-Roos Community Facilil District Bonds. Special District Administration services included a d . management analysis which contained existing development and revel summaries, projected development and revenue summaries, cashflc which combine both revenue streams and recommendations regarding ability to finance future additional capital improvements. Date w performed: June 1990 to April 1994. t 1 Exhibit A - Page 3 4 e e m EXHIBIT B RESUME OF CONTACT PERSON BARBARA HALE-CARTER t ...I 4 Hale Carter Consulting Municipal Financial Consulting and Administration " Projecf Role: Administrator / Contact Person Technical Expertise: District Administrator, Special Tax Formulae, Assessm 3 i Engineering & Financial Advisor Experience and Professional Background: Ms. Carter has over 10 years of professional experience in California public finan During her career she has assumed increasing management responsibilities culmina1 in the establishment of her own firm in January of this year. 1 In 1984, Ms. Carter began as a financial analyst and worked for two southern Califor! f civil engineering firms. Primary efforts in this capacity included the feasibility, 'formati and administration of special districts. Administration included the responsibility of 1 application of fixed charge assessments and special taxes to the tax rolls for pui agencies in Riverside, San Bemardino and San Diego Counties. In 1990, joining the firm of Kadie-Jensen, Johnson and Bodnar, she began to expand I experience to include municipal financial consulting. Financing methods which Ms. Cal has utilized include special assessment bonds, general obligation bonds, joint exerc of powers agency and non-profit corporation lease revenue bonds, Mello-Rc Community Facility District Bonds and refunding bonds. Ms. Carter has established a substantial reputation in the area of Mello-Roos Commur Facility Districts. Her focus is Special Tax Formulae that afford maximum protection future homeowners and commercial property owners, facilitate' bond financing and i simple to administer. The CFD's that she has served as special tax consultant inch those that have been established both to finance the construction and acquisition improvements. + Exhibit B - Page 1 4 4 * e e BARBARA HALE-CAR1 t .1 -. .- 7 .J '1 i 1 i , ! 3 i Projects: Communifv Facilities Districts (Mello-Rood; Ms. Carter's responsibilities with respect to the following districts has inclu development and cashflow analysis, drafting of the Special Tax Formula and Special Report, boundary map preparation,'noticing, prepayment calculations, election procedl administration, and financial advisory activities. She has been responsible an intimately involved in all phases of district formation and worked closely with t counsel to ensure that the establishment of a community facilities district truly is the financing solution. . . . . - ' Cdexico Unified School Disfrfcf, CFD No. .7. A. voter approved district wt ' boundaries are coterminous with the school district boundaries. Current par in ' the district is approximately 5,800. (Formation, Administration, Final Advisor.) '..' ' .. .. , . .. ., .. . .. .. ,. b. . City of'carlsbad, CFD No. 7. Includes all undeveloped property (I 991) anc enable financing of a variety of community-wide capital improvements, inclu library facilities, city hall, park areas, and major thoroughfares and interchan Total improvements expected to exceed $1 00 million. (Formation, Administrat .. b , City of Chino, CFD No. 2. . This .annexable CFD was formed to provide PI ._ financing of a.portion of the infrastructure required for development of the Chino Specific Plan Area. (Formation.) .. City of Corona, CFD No. 90-7. Formed to finance street, water, sewer, drain landscaping, fire protection 'and emergency facilities. Cost of facilities expe to exceed $80 million and combined with CFD No. 89-1 will serve a comml with more .than .I 2,000 residences. (formation.) b . City of San Marcos, CFD No. 91-07. Established to provide public financir major street, drainage .and school facilities to the Twin Oaks Valley Ri development. Total 'bonded improvements were approximately $6.2 mi (Formation, Financial Advisor.) ,1 Exhibit B - Page 2 4 , J L a * BARBARA HALE-CAR1 w San Marcos Unified School Disfrict, CFD No. 7 (Palos Vista). This CFD finan regional water system facilities to serve the Eswndido Highlands developml owned and operated by the Vallecitos Water District, and a portion of sct ,, facilities for the School District. Special tax bonds issued for this project \II $7.1 1 million. Administration has included over 150 prepayments to d (Administration, Financial Advisor.) J' b San Marcos Unified School District, CFD No. 2 (Discovery Hills). Public finan capital improvements for this CFD included sewer and water improvements of Vallecitos Water District and school facilities for the School District. Special bonds issued for this project were $4.7 million. Administration of this dis includes the disbursement of funds for the acquisition of water and se improvements. (Administration, Financial Advisor.) .- b San Ysidro School District, CFD No. 7. Includes the Otay Mesa area and r ultimately include 18,000 residential units and $65 million in elementary and mic school facilities. (Formation.) b Sweetwafer Union High School District, CFD No. 8. This is an annexable dis 1 18,000 residential units and finan& $67 million in high school facilii 1 ! which is made up of the Otay Mesa area and may ultimately include in exces (Formation, Administration.) Assessment Districts (1 91 5 Act): Formation activities for the following district for which .Ms. Carter was responsible am intimately involved included assessment spreads to allocate improvement costs accordance with benefit and generation of notices and assessment rolls, presentati at public hearings and administration. b City of Carlsbad, AD No. 86-7. Approximately $5.1 million was funded for st1 widening, traffic control, street lighting, water and. drainage facilities for improvement of Palomar Airport Road. (Formation, Administration.) i Exhibit B - Page 3 t L c .. i J I i .Y j 8 i j i e e BARBARA HALE-CARTI b cify of Cadsbad, Ab No. 85-1. Approximately $31.2 million was funded for strc and public works improvements for the improvement of Cannon RO; improvements included widening for approximately 4.5 miles; water, drainag telephone,, gas and electric facilities; and sewerage system improvemen including pump station, force main and 8- to 36-inch sewer lines. (Formation b Easfern Municjpa/ Wafer Districf, AD No. 6 and 7. Both formed to finance wa and sewer facilities to benefit the Dutch Village and Homeland/Green Acres are in Riverside County. Assessments, in conjunction with state grant monies, we able to fund approxjmately $12.1 million in improvements. (Formation.) b City of San Marcos, Rancheros Drive AD. This was an acquisition district form to finance the construction of street improvements, including waster, sewer a storm drainage facilities. (Formation, Administration.), b City of Chula Mda, AD 88-1, AD 90-1, AD 90-3, AD 91-1. An original assessme district, AD 85-2, which provided backbone infrastructure to the Eastla Development and Olympic Training Center was overlapped by AD 90-3 and 1 91-1 as portions of the master plan was developed. (Financial Advisor.) Exhibit B - Page 4