Report 2011-118/2011-613 Recommendation 4 Responses

Report 2011-118/2011-613: Conduit Bond Issuers: Issuers Complied With Key Bond Requirements, but Two Joint Powers Authorities' Compensation Models Raise Conflict-of-Interest Concerns (Release Date: August 2012)

Recommendation #4 To: Statewide Communities Development Authority, California

In implementing its January 2012 contracting policy, California Communities should either periodically subject existing contracts to competitive bidding or perform some other price comparison analysis to ensure that the public funds it oversees are used effectively.

Annual Follow-Up Agency Response From September 2015

A new program administrator contract was awarded on December 4, 2014 to Bridge Strategic Partners for a 3.5 year term effective July 1, 2015. The contract is attached. With the award of this contract, CSCDA has demonstrated that all service contracts are competitively bid.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From August 2014

The Commission issued requests for proposals (RFP) for auditor and issuer's counsel with a term of three years, allowing for a two-year extension. A new auditor contract was awarded at the June 27, 2013, meeting per the attached minutes. A new issuer counsel contract was awarded at its December 19, 2013, meeting per the attached minutes.

In addition, the Commission appointed an Executive Director at its meeting on January 16, 2014, as an independent third party to review and recommend financings to the Commission received from the current Program Manager, HB Capital, and to begin the RFP process for Program Manager Services. CSCDA issued an RFP on May 8, 2014, for Program Manager Services on behalf of the Commission. The RFP timeline calls for a selection of the Program Manager(s) by the Commission on September 11, 2014.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2013

Please refer to our one-year response.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

1-Year Agency Response

The Commission issued requests for proposals (RFP) for auditor and issuer's counsel with a term of three years, allowing for a two-year extension. A new auditor contract was awarded at the June 26, 2013 meeting per the attached minutes. The issuer counsel RFP is currently under consideration and tentatively scheduled to be awarded in September, 2013.

In addition, the Commission will be hiring an Executive Director as an independent third party to review and recommend financings to the Commission received from the current Program Manager, HB Capital. This appointment is tentatively scheduled for November, 2013. The Commission will then direct the Executive Director to begin the RFP process for Program Manager services.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

California Communities issued requests for proposals (RFPs) for auditor and issuer's counsel in March 2013. It awarded a new auditor contract on June 27, 2013, and is tentatively scheduled to award the contract for issuer's counsel in September, 2013.

Additionally, in its one-year response to the audit, California Communities stated that it will also be hiring an executive director as an independent third party to review and recommend financings received from its current program manager, HB Capital. California Communities is tentatively scheduled to appoint the new executive director in November, 2013, and indicated that once it makes this appointment, it will direct the new executive director to begin the RFP process for program manager services.

6-Month Agency Response

At the January 24, 2013 meeting of the CSCDA Commission action was taken to appoint an ad hoc committee to establish protocol, review standards, timing and any other necessary items for review of contracted professional services. At the February 21, 2013 commission meeting, the ad hoc committee recommended that the Commission approve putting out requests for proposals (RFP) regarding both the auditor and issuer's counsel with a term of three years, allowing for a two-year extension, and asked staff to prepare an action item for the March 28, 2013 Commission meeting to initiate the two RFPs. The ad hoc committee is considering other actions and is still working on a recommendation pertaining to HB Capital's staff contract. The ad hoc committee will report back to the Commission at a later date regarding the staff contract.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

California Communities stated that the term of its contract with HB Capital does not expire until June 2015, and that the contract automatically extends for another two years unless California Communities gives written notice to HB Capital prior to May 2013 that it does not desire to extend the contract. California Communities indicated that at the beginning of 2013, its commission will consider whether to provide such notice and conduct a competitive bid process for selecting a program manager for a term commencing in July 2015. California Communities added that at the beginning of 2013, its commission will be reviewing each of its other consultant contracts to determine whether it would be timely to conduct a competitive bid process for one or more of these contracts. (See 2013-406, p. 33)

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2011-118/2011-613

Agency responses received after June 2013 are posted verbatim.