HomeMy WebLinkAbout11/15/2017 - STAFF REPORTS - 1.F. q PA M SA
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°gOF01t CITY COUNCIL STAFF REPORT
DATE: November 15, 2017 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT 6288 WITH NBS
GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT,
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT, COMMUNITY
FACILITIES DISTRICT, AND COUNTY SERVICE AREA AUDIT AND
ADMINISTRATION SERVICES
FROM: David H. Ready, City Manager
BY: Department of Finance and Treasury
SUMMARY
The City Council will consider an amendment to the current agreement with NBS to
provide administrative and professional services for the City's various assessment
districts, lighting & landscape maintenance districts, community facilities districts, and
County Service Area (CSA) 152.
RECOMMENDATION:
1. Approve Amendment No. 3 to Agreement No. 6288 with NBS Government
Finance Group, extending the contract term for year through June 30, 2018,
leaving all other terms of the agreement unchanged.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
An agreement with NBS was approved by the City Council in October, 2012, and
amended in February, 2015, with extension options through June 30, 2017 to provide
the City with Assessment District, Lighting & Landscape Maintenance District,
Community Facilities District and County Service Area administration services.
In June 2016 the City Council approved additional services related to Community
Service Area (CSA) 152 which provides funding for the National Pollutant Discharge
Elimination System (NPDES) through a tax levy which is assessed annually by the
County of Riverside through property tax assessments. That amendment included
having NBS conduct a comprehensive boundary and charge audit and to work with the
County Assessor and Auditor-Controller's offices to make assessment changes and
corrections as appropriate, and then to provide annual charge administration services.
ITEM NO.
City Council Staff Report
November 15, 2017 -- Page 2
Approval of NBS Agreement Amendment 3
This latest proposed amendment would extend the current agreement for one year
through FY 2017-18. Either party may cancel the agreement at any time by providing
30 days written notice.
The proposed amendment also includes the City's revised standard agreement
language for non-discrimination, conflict of interest, and covenant against
discrimination.
FISCAL IMPACT:
There would be no additional changes to the fee structure which provides for annual
increases based upon CPI-U for Los Angeles — Riverside — Orange County each April.
All fees will continue to be paid out of the tax revenues from the various assessment
district, landscape and lighting, community facilities district and county service area
special funds. There are sufficient funds the various accounts in those funds to pay for
the contractual service costs, and the General Fund should not be impacted.
Geoffrey S. kiehl Marcus Fuller
Director of Finance and Treasurer Assistant City Manager
David H. Ready
City Manager
Attachment:
Agreement Amendment No. 3
AMENDMENT NO. 3
TO
District Administration, Tax Roll Billing and Related Services
(Agreement No. 6288)
THIS SECOND AMENDMENT to the Contract Services Agreement No.6288 for District Administration,Tax
Roll Billing and Related Services is made and entered into on , 2017 by and between the
City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the
"City"), and NBS Government Finance Group (dba NBS), (hereinafter referred to as the"Consultant")
collectively, the "Parties".
RECITALS
A. City and Consultant previously entered into a contract services agreement for District
Administration, Tax Roll Billing and Related Services, which was made and entered into on November 13,
2012 (the"Agreement')for three years with two one year renewal options through FY 16-17 in accordance
with the schedule of fees set forth in Exhibit "A".
B. Section 3.3, "Changes" allows for changes in the Scope of Services/Work via executed
written Amendment.
C. On February 9, 2015, the City and Consultant amended the Agreement(Amendment#1)to
add Community Facilities District(CFD)annexation services for the remainder of the term of the agreement
through FY 16-17.
D. One August 1, 2016, the City and Consultant amended the Agreement(Amendment#2)to
add Community Facilities District(CFD) annexation services for the remainder of the term of the agreement
through FY 16-17 pursuant to the Scope of Services and Schedule of Compensation in Exhibit A-2.
E. City and Consultant desire to amend the Agreement(Amendment#3)to extend the term of
the agreement for one year through June 30, 2018, leaving all other terms of the agreement unchanged.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the
Parties agree as follows:
AGREEMENT
1. Section 4.4 "Term" of the Agreement is hereby amended as follows:
"Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue
in full force and effect for a period of one fiscal years (FY 17-18), unless extended by mutual written
agreement of the parties."
2. Section 10 "City Officers and Employees: Non-Discrimination"of the Agreement is hereby amended
as follow:
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be
personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City
or for any amount which may become due to the Consultant or its successor, or for breach of any obligation
of the terms of this Agreement.
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10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or
shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this Agreement and for one year
thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third
party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or
segregation in the performance of or in connection with this Agreement regarding any person or group of
persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender
identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry.
Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section
7,09.040 relating to non-discrimination in city contracting.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
ATTEST: "CITY"
CITY OF PALM SPRINGS, CA.
By BY
Kathie Hart, Interim City Clerk David H. Ready, City Manager
Date: Date:
APPROVED AS TO FORM:
By
City Attorney
Date:
"CONSULTANT"
NBS Government Finance Group (dba NBS)
Date: BY:
Date:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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Signature
Signature of Notary Pubfic
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Description of Attached Document
Title or Type of Document Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies)Ciaknad by Signer(s)
SigrmWs Name: Signers Name:
❑Corporate Officer—Tdha(s):. ❑Corporate Officer—Tdhe(s):
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Signer Is Representing: Signer is Representing:
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`,3 NBS
32605 Temecula Parkway,Sidle 100
Temecula.CA 92592
Toll free.800.676-7516 (P)951_2.96.1997
(F)951.296.1998
nbegov.com
November 8,2017
Mr.Geoffrey S. Kiehl
Director of Finance and Treasurer
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
Subject: Intent to Renew Assessment District and CFD Administration Services
Dear Mr. Kiehl:
We are pleased to extend the contract between the City of Palm Springs("City") and NBS,for FY 2017-2018 under
the same terms and conditions as the existing contract between the City and NBS. The services are detailed below
for your reference and assume no significant increases to parcel counts or changes to the scope of work:
NBS Contract Extension Fees: 2016-2017 2017-2018
Assessment District Administration $9,924 $10,148
Community Facilities District Administration(1) 8,043 8,270
CSA 152 Administration(2) 3,188 12,989
Landscape&Lighting District Tax Rolls $2,372 $2,431
Delinquency Management Services 928 1,000
Research and Resubmit CSA 152 Levy Rejects(3) $2,814 $0
Miscellaneous Projects/New Districts 0 3,000
Miscellaneous Expenses 889 1,000
Total NBS Contract Extension Fees $28,158 $38,838
Maximum Cap on All Annual Fees $41,000 $39,000
(1)Excludes CFD Annexations,which are prepaid to the City by the developers.
(2)New as of 4/1/17.
(3)Service no longer provided for 2017-2018.
The 2017-2018 fees are based on changes to parcel counts and the BLS CPI for All Urban Consumers, Los Angeles-
Riverside-Orange County.The 2016-2017 fees have been provided for reference.
Please let me know if you have any questions or concerns. We look forward to working with the City during the
upcoming year.
Sincerely,
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Dave Ketcham
Director
helping communities fund tomorrow
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