2014/09/09 City Council Resolution 2014-105RESOLUTION NO. 2014 -105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH
GOODWIN CONSULTING GROUP FOR TAX ADVISEMENT SERVICES
WHEREAS, on April 22, 2014, the City Council of the City of Rohnert Park adopted
Ordinance Number 878 Approving a Development Agreement with Vast Oak Properties L.P. and
the University District LLC for the University District Specific Plan Area; and
WHEREAS, this Development Agreement provided for the fonnation of Community
Facilities Districts (CFDs) with a focus on financing the construction of public facilities; and
WHEREAS, this Development Agreement provided that the developer may elect to form
the CFDs through the California Statewide Communities Development Authority (CSCDA) and
the developer has made a request to use CSCDA; and
WHEREAS, the City wishes to have a peer review of the CFD formation documents,
particularly the Rate and Method of Apportionment for the special tax, developed by CSCDA's
consultants in order to confirm that these documents comply with the City's Local Goals and
Policies Concerning the Use of the Mello -Roos Community Facilities Act of 1982; and
WHEREAS, on June 10, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014 -057 Adopting and Approving a Consultant Services Agreement with Goodwin
Consulting Group (GCG) for Tax Advisement Services ( "Agreement "); and
WHEREAS, GCG is the qualified special tax consultant selected by the City to advise on
matters related to the Rate and Method of Apportionment of special taxes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the First Amendment to the Agreement by and
between Goodwin Consulting Group and the City of Rohnert Park, a municipal corporation, for
special tax peer review services for formation of Community Facilities District benefitting Vast
Oak Properties L.P. and the University District LLC for the University District Specific Plan
Area.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this First Amendment to the Agreement for and on behalf of the
City of Rohnert Park, including execution, if necessary, in substantially similar foram to the
agreement attached hereto as Attachment 1, subject to minor modifications by the City Manager
or City Attorney.
DULY AND REGULARLY ADOPTED this 9t" day of September 2014.
01N. A ti p
/ �oAnne M. Buergler, (City Clerk
Attachment: Agreement
CITY OF ROHNERT PARK
�r
� Josep . Callinan, Mayor
BELFORTE. MACKENZIE: STAFFORD: AHANOTU:
AYES: ( ) NOES: ( 0 ) ABSENT: ABSTAIN:
2014 -105
CALLINAN: 9 -(t
Attachment
FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
GOODWIN CONSULTING GROUP FOR TAX ADVISEMENT SERVICES
This First Amendment to the Agreement between the City of Rohnert Park ( "City ") and
Goodwin Consulting Group, ( "Consultant ") for additional services ( "First Amendment ") is
entered into as of the 9"' day of September, 2014, (`Effective Date "), by and between City and
Consultant.
RECITALS
A. City and Consultant are parties to that certain Agreement entitled "Consultant Services
Agreement.for Tax Advisement Services" dated June 10, 2014, and authorized through
Resolution No. 2014 -057 approved by the City Council on June 10, 2014, for the amount
of $40,000.
B. City and Consultant now desire to enter into this First Amendment to provide for
additional work as described below.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises, the parties hereby
amend the Agreement as follows:
1. Scope of Services. In addition to the services provided under the Agreement, Consultant
shall provide additional services as described in the attached Exhibit A.
2. Compensation. Consultant shall perform the services described in this First Amendment for a total
not -to- exceed amount of $15,000.00 as shown in Exhibit B. Total compensation under this
Agreement with this Amendment shall not exceed $55,000.00
3. Agreement in Effect. Except as amended by this First Amendment, the Agreement shall
remain in full force and effect.
4. Counterpart Signatures. This First Amendment may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first
written above.
CITY OF ROHNERT PARK:
By:
Darrin Jenkins, City Manager (Date)
Per Resolution No. 2014- adopted by the Rohnert
Park City Council at its meeting of September 9, 2014.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Z Tonsultants \Goodwin Consulting Group \Goodwin_Amend I.docx
GOODWIN CONSULTING GROUP:
By:
Name:
Title:
By:
Name:
Title:
(Date)
(Date)
Updated: 2010 -06 -21
EXHIBIT A
CITY OF ROHNERT PARK
UNIVERSITY DISTRICT
MELLO -Roos COMMUNITY FACILITIES DISTRICT FORMATION
SCOPE OF WORK
Goodwin Consulting Group, Inc. (GCG) will serve as special tax consultant to assist the City of
Rohnert Park (City) in the formation of a Mello -Roos Community Facilities District (CFD) that
will fund public improvements required for development of the University District (Project).
The City will not actually be forming the CFD directly; instead, the CFD will be formed through
the California Statewide Communities Development Authority (CSCDA). Accordingly, GCG
will provide the following services to the City:
Task 1. Kick -Off Meetita
GCG will meet with City staff, property owners and developers, the City's Financial advisor,
bond counsel, CSCDA representatives, and other members of the financing team to discuss the
proposed CFD. This task will include (i) discussing the relationship between CSCDA and the
City, (ii) learning about the proposed land uses, public facilities to be financed, anticipated
absorption rates, and timing and number of bond issues, and (iii) reviewing the proposed
structure and components of the CFD, and how they relate to the City's land- secured goals and
policies. Subsequent work immediately following the kick -off meeting will include reviewing
and providing comments on an updated version of the goals and policies.
Task 2. Mello -Roos Cash Flow Analysis
GCG will review iterations of the analysis of the CFD annual cash flow prepared by CSCDA.
The review will confirm the maximum special tax that will be needed to maintain required debt
service coverage on bonded indebtedness issued on behalf of the CFD. In addition, the review
will check (i) the special tax burden on undeveloped property based on a given absorption
scenario, (ii) the size of the initial and subsequent bond sales taking into consideration minimum
value -to -lien requirements set forth in state law and City policy, and (iii) the anticipated bond
structure, including special tax revenue, bond interest rate, short -term reinvestment rate,
capitalized interest, reserve fund, and other features that may affect the size of bond issues and
the corresponding annual debt service.
Task 3. Rate and Method of Apportionment of Special Tax
GCG will review iterations of the Rate and Method of Apportionment of Special Tax (RMA)
prepared by CSCDA, which will serve as the official special tax formula for the CFD. The RMA
will provide detail and direction as to how the special tax should be levied in future years to
ensure adequate revenues are available for timely repayment of debt service on bonded
indebtedness issued by the CFD. The RMA will be included as an exhibit to the Resolution of
University District A -I Scope of Work
Intention to Form the CFD, which will be adopted by the City Council as part of the first set of
actions taken towards forming the CFD.
In addition to providing guidance relative to the annual levy of special taxes in the CFD, GCG
will also provide guidance on some or all of the following items related to the RMA:
• Identification of the maximum special tax for each special tax category, including each
category of developed and undeveloped property
• Provision for a back -up special tax or alternate mechanism to be used to maintain
maximum special tax revenues in the event that land uses change in future years
• A detailed prepayment formula that will provide flexibility for a property owner to
prepay all or a portion of the special tax obligation after some or all bonds have been
issued for the CFD
• If additional property is expected to annex into the CFD, a description of the "catch -up
tax" that will apply to annexing parcels to equalize the cumulative special tax burdens
Task 4. CFD BoundarV Map
GCG will review iterations of the official boundary map for the CFD to ensure it reflects
accurate information, conforms to State law, and is prepared in a format acceptable to the County
Recorder's Office.
Task 5. CFD Formation and Bond Issuance Documents
In coordination with the working group, GCG will review other documents required in the CFD
formation proceedings that relate exclusively to the special tax formula. Specifically, GCG will:
• Review the CFD Report required pursuant to Section 53321.5 of the Govermuent
Code
Review the Bond Purchase Agreement, Fiscal Agent Agreement and /or Bond
Indenture to assure that the flow of special tax revenues and interest earnings as set
forth in these documents are consistent with assumptions used in the Mello -Roos cash
flow analysis
• Review the Official Statement
Task 6. Meeting Attendance
GCG will attend meetings with City staff and other members of the working group to review and
discuss CFD formation and bond issuance documents. In addition, GCG will attend City
Council meetings as requested. A total of three (3) meetings is included in the budget presented
in Exhibit B.
University District A -2 Scope of Work
EXHIBIT B
CITY OF ROHNERT PARK
UNIVERSITY DISTRICT
MELLO -RODS COMMUNITY FACILITIES DISTRICT FORMATION
BUDGET AND FEE SCHEDULE
Services and Expenses
GCG's fee for services and expenses associated with CFD formation and issuance of the first
series of bonds is $15,000. Additional consulting services beyond those included in the scope of
work may be provided within the budget if total hourly billings are less than the budget.
Alternatively, if the scope of work can be completed for less than the budget, only the hours
actually expended will be billed. Services shall be billed based on the following hourly fee
schedule:
GCG HOURLY SERVICE RATES *
Managing Principal $250 /1-lour
Principal 240 /1-lour
Vice President 210 /Hour
Senior Associate 185 /1-lour
Associate 165 /1-lour
Analyst 140 /1-lour
Research Assistant 85 /1-lour
* These rates are effective through December 31, 2014 and may be adjusted for inflation thereafter.
B. LIMITATIONS
The following services are not included in the scope of work provided in Exhibit A and will be
billed on a time and materials basis or pursuant to a separate contract if needed:
• Attendance at more than three meetings
• Issuance of additional series of bonds after the first issue