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=ITY OF SAN BERNIODINO
Fi1e No. 14.40-80
- REQUEST FO COUNCIL ACTION
From: ROGER G. HARDGRAVE
Dept: Public Works
Date: 11-05-90
Subject:
Authoriza':io~, to E::ecute Agree-
ment with David Taussig &
Associates Inc. for Consulting
Services Verdemont Area Com-
munity Faci1ities District,
A.D. No. 995
Synopsis of Previous Council action:
03-19-90 -- Resolution No. 90-103 adopted accepting petition
and designating Bond Counsel, Underwri ter and
Special Tax Consultant.
04-16-90 -- Resolution No. 90-140 adopted declaring the City's
intention to establish a COlll1llunity Facilities
Dif'trict.
04-16-90 -- Resolution No. 90-139 adopted authorizing execution
of an Agreement with David Taussig & Associates for
consulting services.
06..10-90 .... Resolution No. 90-247 adopted establishing COlll1llunity
Facilities District No. 995.
Recommended motion:
:.:;,
Adopt resolution.
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cc: Shauna Edwins
Jim Penman
Andy Green
Craig Graves
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, Contact person:
Roger G. Hardgrave
Statt Report, Agreement
& Resolution
Phone:
5025
: Supporting data attached:
I
Ward:
5
FUNDING REQUIREMENTS:
Amount: $15,000
Source: (Acct. No.) 251-673-53925
(Acct. Description)
Facilities District No. 995
Verdemont Area COlll1lluni ty
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Finance: L \-.~~ t) ,oJ
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Council Notes:
75-0262
Agenda Item No
e/L1
. CITY OF SAN BERNODINO - REQUEST Fo. COUNCIL ACTION
STAFF REPORT
An Agreement for Consulting Services has been executed
with David Taussig & Associates, Inc. in connection with the
Verdemont Area Community Facilities District No. 995. The
services provided under this Agreement consisted of preparing
initial tax spread models, preparing revised tax spread
alternatives based upon input received from landowners, bond
counsel assistance in preparation of legal documents, preparing
public report, and prepare and certify Special Tax Certification
Statement.
After a community facilities district has been
established, it is necessary to have an annual tax allocation
prepared for submittal to the County Tax Assessor for collection
with the property tax bills. These tax allocations are normally
prepared by a Special Tax Consultant, due to the speciali:led
nature of this document.
Since David Taussig & Associates provided consulting
services in connection with the establishment of Community
Facilities District No. 995, they are the logical choir:~ to
prepare the annual tax allocation.
The proposed Agreement provides, in general, that David
Taussig & Associates will provide financial consulting services
to assist the City in the levying of the special tax on
properties with Community Facilities District No. 995, for the
1991-92 Fiscal Year. A provision is included in the AgreeMP-nt.
requiring David Taussig & Associates to hold the City harmleos
from their acts of negligence and obtain errors and omissiano
insurance in the amount of $250,000 per occurrence, with the
City named as an additional insured.
Compensation to David Taussig & Associates will be for
actual costs incurred, up to $15,000 per year. Hourly raten are
attached to the Agreement as Exhibit liB."
The amount paid to the consultant will be charged to
Community Facilities District No. 995, Account No. 25l-G73-
53925, and recovered from the special tax on the propertieo
within the district.
We recommend that the Agreement for Consulting Services
be approved.
11-05-90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES, INC.
FOR TAX CONSULTANT SERVICES FOR THE VERDEMONT AREA COMMUNITY
FACILITIES DISTRICT NO. 995, FOR THE 1991-92 FISCAL YEAR.
3
4
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7 ~xecute, on behalf of said City, an Agreement for Tax Consultant
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
Services
with
David
Taussig
and
Associates,
for
the
Inc.
9 Verdemont Area Community Facilities District, Assessment District
10 No. 995, for the 1991-92 Fiscal Year, a copy of which is attached
11 hereto marked Exhibit n A, II and incorporated herein by reference
12 as fully as though set forth at length.
13 SECTION 2. This resolution is rescinded if the parties
14 to the Agreement for Special Tax Consultant Services fail to
15 execute it within sixty (60) days of the passage of this
16 resolution.
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9/27/90
RGH:rs
RESO:
AUTHO~ING EXECUTION OF AGREE~ WITH DAVID TAUSSIG
AND A CIATES, INC. FOR TAX CO TANT SERVICES FOR THE
VERDE T AREA COMMUNITY FACILI IES DISTRICT NO. 995
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 _day of , 1990, by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
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POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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23 By
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9/27/90
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DAVID TAAsIG AND Assoc~S, INC.
PUBLIC FINANCE. DEVELOPMENT ECONOMICS. PLANNING
AGRF.P.MP.N'T FOR CONSULTING SERVICES
TIllS AGREEMENT is made and entered into this 26th day of October 1990, by and
between the Oty of San Bemantino herein called "Oient," and David Taussig and
Associates, Inc., herein after called "Consultant." The Oient and the Consultant in
consideration of the mutual promises and conditions herein contained agree as follows.
ARTIClE I
TERM OF CONTRACf
Section 1.1 This agreement shall become effective on the date stated above and will
continue in effect until the earlier of (i) that day when the services provided for herein have
been performed or (ii) until terminated as provided in Article 6 below.
ARTIClE n
SERVICES TO BE PERFORMED BY CONSULTANf
Section 2.1 Consultant agrees to perform the professional services for the Oient and to
deliver the work products to the Oient as descnbed in the Scope of Work statement
attached as Exlnbit "A" hereto. Such professional services and work products, as from time
to time modified in accordance with Section 2.3 hereof, are collectively referred to as the
"Consulting Services."
Section 2.2 Consultant will determine the method, details and means of performing the
Consulting Services. Consultant may, at Consultant's own expense, employ such assistance
as it deems necessary to perform the Consulting Services required by Oient under this
Agreement. Consultant shall conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation or counsel independent of the control and
direction of the Oient, other than normal contract monitoring.
Section 2.3 Any proposed changes in the Consulting Services hereunder shall be submitted
to the other party hereto, and any such changes agreed to by the parties shall be reflected
in an amendment to Exlnbit "A" in accordance with Section 7.2 hereto.
Section 2.4 Nothing in this Agreement shall give the Consultant possession of authority with
respect to any Oient decision beyond the rendition of information, advice, recommendation
or counsel.
2070 BUSINESS CENTER DRIVE. SUITE 110. IRVINE. CA 92715 (714) 752-1554 / FAX 17141 752-405B
1010 HURLEY WAY. SUITE 300. SACRAMENTO. CA 95825 (9161 920-1109
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ARTICLE ill
COMPENSATION
Section 3.1 Client agrees to pay Consultant for its Consulting Services a professional
fee computed according to the Fee Schedule attached as Exlubit ''B" hereto.
Section 3.2 The Client shall pay the Consultant for the purpose of reimbursing the
Consultant's out-of-pocket expenses which sha1l include all actual expenditures made by
Consultant in the performance of any Consulting Services undertaken pursuant to the
Agreement, including, without limitation, the fonowing expenditures:
(a) Cost of collation, printing, copying, drawings, specification, or reports,
xerography, photography, including photographic reproduction of drawings and .
documents.
(b) Transportation costs, including the use of personal automobiles at $.26 per
mile, rental vehicles and regularly scheduled commercial airline ticket costs.
Section 3.3 On or about the first two weeks of each month during which Consulting
Services are rendered hereunder, Consultant sha1l present to Client an invoice covering the
current Consulting Services performed and the reimbursable expenses incurred pursuant to
this Agreement and exlnbits thereto. Such invoices sha1l be paid by Client within thirty (30)
days of the date of each invoice. A 1.2% charge may be imposed against accounts which
are not paid within 30 days of the date of each invoice.
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Section 3.4 The mllYimum total fee amount set forth in Ex1ubit ''B'' may be increased
as a result of any expansion of the Consulting Services to be rendered hereunder pursuant
to Section 2.3 or as provided in Ex1ubit "A" hereto.
Sectinn 3.5 Records of the Consultant's costs relating to (i) the Consulting Services
performed under this Agreement and (ii) reimbursable expenses sha1l be kept and shall be
available to the Client or to Client's authorized representative at reasonable intervals during
normal business hours.
ARTICLE IV
Q1RF.R OBY JGATIONS OF CONSULTANT
Section 4.1 Consultant agrees to perform the Consulting Services in accordance with
Ex1ubit "A". Should any errors caused by Consultant's negligence be found in such services
or products, Consultant will correct them at no additional charge by revising the work
products called for in Ex1nbit "A" to eUmmllte the errors.
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Section 4.2 Consultant will supply all tools and instrumentalities required to perform
the Consulting Services under the Agreement.
Section 4.3 Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Consultant without the prior written consent of Client.
However, Consultant may subcontract portions of the work to be performed hereunder to
other persons or concerns provided Consultant notifies Client of the name and address of
said proposed subcontractor and Client either consents or fails notification with respect to
the use of any particular proposed subcontractor.
Section 4.4 In the performance of its Consulting Service hereunder, Consultant is,
and shall be deemed to be for all purposes, an independent contractor (and not an agent,
officer, employee or representative of Client) under any and all laws, whether existing or
future. Consultant is not authorized to make any representation, contract or commitment
on behalf of Client.
Section 4.5 Neither this Agreement, any duties or obligations under this Agreement,
nor the intentions or expectations of Client will cause the Consultant to be a "public official"
as that term is used in Section 87100 of Title 9 of the California Government Code. Client
and Consultant agree that Consultant is not a ''public official" or "participating in
governmental decision" as those terms are used in Section 87100. The Client and Consultant
also agree that no actions and opinions necessary for the performance of duties under the
Contract will cause the Consultant to be a "public Official" or "participating in a
governmental decision" as those terms are used in Section 87100.
ARTIaB V
01lIER OBUGATIONS OF q JENT
~nn 5.1 Client agrees to comply with all reasonable requests of Consultant and
provide access to all documents reasonably necessary to the performance of Consultant's
duties under this Agreement with the exception of those documents which Exhibit "A" calls
upon the Consultant to prepare.
5eJ1j0Jl 5.2 Neither this Agreement not any duties or obligations under this
Agreement may be assigned by Client without the prior written consent of Consultant.
Section 5.3 Consultant frequently is retained by developers, landowners, and other
persons and concerns interested in development projects which often eventually lead to the
preparation on a contract basis by Consultant of preliminary tax spread models for
government agencies to determine tax rates and other matters necessary to accomplish
various improvements to realty for financing under a Mello-Roos or other financing
programs.
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In light of the foregoing, Client will determine whether or not it is appropriate to conduct
a "significant substantive review" or a "significant intervening substantive review" of
Consultant's activities conducted pursuant to this Agreement as such terms are defined in
Section 18700(c)h of Title 2 of the California Administrative Code. Should Client elect to
conduct such a substantive review, then Client shall determine whether it has sufficient
expertise on staff to conduct such a review, and, if not, will retain an independent expert
consultant to review Consultant's work. Thereafter, Client shall conduct such review, or
cause such independent review to be conducted, prior to the mAlring of any governmental
decision relating to the matters contained within the Scope of Work descnbed in ExhIbit "A".
The parties do not intend and nothing in this Section 5.3 is meant to imply that Consultant
is a "public official," ''participating in a governmental decision," or has a "financial interest"
. in the services provided as such terms are used in Section 87100 of Title 9 of the California
Governmental Code.
Section 5.4 Client, public agencies, landowners, consultants and other parties dealing
with Client or involved in the subject development project referred to in ExhIbit "A" will be
furnishing to Consultant various data, reports, studies, computer printouts and other
information and representations as to the facts involved in the project which Client
understands Consultant will be using and relying upon in preparing the reports, studies,
computer printouts and other work products called for by ExhIbit "A" Consultant shall not
be obligated to establish or verify the accuracy of the information furnished by or on behalf
of Client, nor shall Consultant be respons1ble for the impact or effect on its work products
of the information funUshed by or on behalf of Client, in the event that such information is
in error and therefore introduces error into Consultant's work products.
Section 5.s In the event that court appearances, testimony or depositions are
required of Consultant by Client in connection with the services rendered hereunder, Client
shall compensate Consultant at a rate of $125 per hour and shall reimburse Consultant for
out-of-pocket expenses on a cost basis.
ARTIaB VI
~ATION OF AGPRRUF.NT
Sectinn 6.1 Either party may terminate or suspend this Agreement upon thirty (30)
days written notice. Unless terminated as provided herein, this Agreement shall continue
in force until the Consulting Services set forth in ExhIbit "A" have been fully and completely
performed and all proper invoices have been rendered and paid.
Section 6.2 Should either party default in the performance of this Agreement or
materially breach any of its provisions, the other party at its option may terminate this
Agreement by giving written notification to the defaulting party. Such termination shall be
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effective upon receipt by the defaulting party, provided that the defaulting party shall be
allowed ten (10) days in which to cure any default following receipt of notice of same.
Section 6.3 The covenants contained in Sections 5.5 and 5.6 shall survive the
termination of this Agreemen.t.
ARTla.E vn
GENERAL PROVISIONS
Section 7.1 Any notices to be given hereunder by either party to the other may be
effected either by personal delivery in writing or by mail. Mailed notices shall be addressed
to the parties at the addresses appearing in the introductory paragraph of this Agreement,
but each party may change the address by written notice in accordance with the first
sentence of this Section 7.1. Notices delivered personally will be deemed communicated as
of actual receipt. Mailed notices will be deemed communicated as of two (2) days after
mailing.
Sr.....nn 7.2 This Agreement and exJubits hereto supersede any and all agreements,
either oral or written, between the parties hereto with respect to the rendering of service by
Consultant for Cient and contains all of the covenants and agreements between the parties
with respect to the rendering of such services. Each party to this Agreement acknowledges
that no representations, inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement, statement, or promise not contained in this Agreement
shall be valid or binding.
Any modification of this Agreement (including any exJubit hereto) will be effective if it is in
writing and signed by the party against whom it is sought to be enforced.
Section 7.3 If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
Semnn 7.4 Any controversy between the parties hereto involving the construction
or application of any of the terms, covenants, or conditions of this Agreement will, on the
wiitten request of one party served on the other, be submitted to binding arbitration in
accordance with the commercial rules and regulations of the American Arbitration
Association and the provisions of the California Arbitration Act (Sections 1280 through
1294.2 of the California Code of Civil Procedure). The arbitration shall take place in Irvine,
California, or such other location mutually agreed to by the parties.
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The arbitrator(s) shall be selected as follows: In the event that
Consultant and Client agree on one arbitrator, the arbitration shall be conducted by such
arbitrator. In the event Consultant and Client do not so agree, Consultant and Client shall
each select an arbitrator and the two arbitrators so selected shall select the third arbitrator.
If there is more than one arbif!lltor, the arbitrators shall act by majority vote.
The decree or judgement of an award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
Section 7.5 The prevailing party in any arbitration or legal action brought by one
party against the other and arising out of this Agreement shall be entitled, in addition to any
other rights and remedies it may have, to reimbursement for its expenses, including court
costs and reasonable attorneys' fees. The non-prevailing party shall be liable, to the extent
allowable under law, for all fees and expenses of the arbitrator(s) and all costs of the
arbitration.
Section 7.6 This Agreement will be governed by and construed in accordance with
the laws of the State of California.
IN WITNESS WHEREOF, this Agreement has been executed on the date and year
first above written.
n .TRNT: Cty of San Bemlintino
David Taussig and Associates, Inc.
By:
Br-~~
David Taussig, President
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~NT FOR CONSULTING SER~
This addendum to Agreement for Consulting Services is made by and between the CITY OF SAN
BERNARDINO ("CLIENT') and DavidTaussig and Associates, Inc., ("CONSULTANT').
This addendum entered into this , 1990 hereby incorporates the following
provisions into the original agreement between the parties dated , 1990 as follows:
A HOlD HAlU" F~/INDEMNIFICATION:
Consultant agrees to indemnify, defend, and hold harmless City, its agents, officers and employees
from and against any and all, losses, liability, damages, expense, demands, claims, attachments,
executions, actions or proceedings of any nature whatsoever, including, but not limited to, bodily
injury, death, personal injury, or property damage arising from or connected with Consultant's
operation.~, or its performance under this Agreement, including but not limited, to all costs and
expenses including reasonable attorney's fees arising out of or connected with the performance of
Consultant's Consulting Services under this agreement. Notwithstanding the above, Client agrees
to indemnify and hold ConSultant harmless from any claims arising from, growing out of, or in any
way resulting from, errors contained in data or information furnished by Client or Client's designee
to Consultant for use in carrying out the Consulting Services called for by this Agreement.
B. INSlJRANCF.'
Without limiting Consultant's indemnification of "CLIENT', Consultant shall provide and maintain
at its own expense during the term of this Agreement the following policy or policies of insurance
covering its performance under this Agreement:
a. C'..eneml JiIlb1"Jitv And Pk"r..--innAl UAhiJiW Such insurance shall include, and is not
limited to, comprehensive general liability and professional liability coverage with a combined single
limit of not less than TWO HUNDRED 1'11' 1 'I THOUSAND DOLLARS ($250,000.00) per
occurrence. Such insurance shall name the City of San Bernardino as an additional insured.
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b. WnrkP.r'. O.mpenufinn' Consultant shall cover its employees with Workers'
Compensation insurance in an amount and form to meet all applicable requirements of the Labor
Code of the State of California. . .
IN WITNESS WHEREOF, this Agreement had been executed on the date and year first
above written.
n JRl'oIT: Oty of San Bernardino
By:
David Taussig and Assoc:iat...., Inc.
By: cP~ c%" ~
David TIl1JSIig, President C
Approved as to form
and legal content.
JAMES F. PENMAN
Oty Attorney
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10l29/19!Hl
AGRM!mCfD99S.AGR(oc)
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EXHIBIT A
SCOPE OF WORK FOR CONSULTANT SERVICES ASSOCIATED WlTII LEVYING OF
MElLO-ROOS SPECIAL TAX FOR THE CITY OF SAN BERNARDINO
COMMUNITY FACll..lTIES DISTRICT NO. 99S
Consultant shall provide financial consulting services to assist the City of San Bernardino ("Client")
in the levying of a special tax for Client's Community Facilities District (CFD) No. 995 for the 1991-
92 fiscal year. The intent of these services shall be to determine the special tax rates for the
different land-use classes in CFD No. 995 and to facilitate the collection of the special taxes in that
year by the County of San Bernardino. These special taxes must be collected to pay the debt
service and administrative costs associated with a Mello-Roos bond issue sold in January 1989.
Cnmmunity Facilities District (CFD) No. 995 Tax Implementation Program:
1. Prepare an automated database containing the tract, lot and street address for each parcel
located within the CFD'
2. Identify building permit activity as of March 1 for each lot. Determine date of building
permit issuance and interior building square footage.
3. Classify each lot as developed or undeveloped property based on the criteria in the Rate and
Method of Apportionment.
4. Determine the special tax requirement. Contact the fiscal agent to confirm interest and
principal payments and available interest earnings.
5. Compute the appropriate special tax for each class of taxable property. Amend database
to include the special tax amount for each parcel.
6. Assign an assessor parcel number to each lot. Determine taxable acreage for each parcel
of undeveloped property. Validate each assessor parcel number's existence with the County
Auditor-Controller.
7. Prepare an exlnbit to the resolution authorizing the levy and collection of special taxes for
fiscal year 1991-92, for approval by the City Council.
8. Convert CFD tax roll data from floppy disk to magnetic tape and submit to San Bernardino
Auditor-Controller's office by August 10 for inclusion on the fiscal year 1991-92 consolidated
tax bill.
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EXHIBIT "B"
PROFESSIONAL SERVICES FEE
HOURLY RATES
Total compensation (excluding expenses) for completion of Steps 1 through 8 shall not exceed
$15,000. Any additional services beyond those listed in Steps 1 through 8 will require additional
fees once the $15,000 maximum has been exceeded. These additional services could include
monitoring of parcel segregations during the fiscal year, assistance with delinquencies, demand
letter, judicial foreclosure and rebate calculations, and any work performed after submittal of tax
collection data to the County in August, 1991. Fees related to any such additional services shall be
charged at the hourly rates listed below.
Work related to any additional tasks undertaken by Consultant, shall be charged at the following
hourly rates:
Principal
Director, Economic and Financial Analysis
Manager/Senior Consultant
Senior Associate
Associate
Financial Analyst
Research Coordinator
$ 125IHour
$ 95IHour
$ 85IHour
$ SOlHour
$ 75IHour
$ 65IHour
$ 50IHour
In addition to fees for services, Client shall reimburse Consultant for magnetic tape conversions,
fees from public and private data sources (e.g., 1RWand County Assessor) travel, Xerox, Courier,
Oerical @ $30.00 per hour, and long-distance phone expenses, as noted elsewhere in this
Agreement.
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1012911!19O