HomeMy WebLinkAbout05668 - NBS GOVERNMENT FINANCE GROUP FOR 1915 ACT DISTRICT ADMINISTRATION SVCS CONSULTING SERVICES AGREEMENT
With NBS for 1915 Act District Administration Services
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this day of 2011,by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"), and NBS Government Finance Group (dba
NBS) ("Consultant").
RECITALS
A. City requires the services of a professional consultant to provide district
administration services for current and future assessment districts.
B. Consultant has submitted to City a proposal to provide 1915 Act District
Administration Services for current and fixture districts pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scone of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide 1915 Act Assessment District Administration Services as
described in the Scope of Services/Work Proposal attached to this Agreement as Exhibit"A"and
incorporated herein by reference (the "services" or "work"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant wan-ants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of Services/Work Proposal and the terms set forth in the main body of
this Agreement,the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of
City and any federal, state,or local governmental agency of competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
ORIGINAL BID
AND/OR AGREEMENT
507639.2 l Revised:5/8108
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A".
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the parry responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit"A" for a total amount that shall not exceed $24,700.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the
form approved by City's Controller, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the rates as set forth in Exhibit "A" for authorized services
performed. City shall pay Consultant for all expenses stated thereon, which are approved by
City consistent with this Agreement, within thirty(30)days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
507639.2 2 Revised:518108
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A".
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for Fiscal Year 11-12,
commencing on July 1, 2011 and ending June 30, 2012, unless extended by mutual written
agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: David Schroeder, Senior Consultant. It is expressly understood that the experience,
knowledge, education, capability, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principal
may not be changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law,without the prior written approval of City.
3 Revis d:518108
507639.2
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein as an independent contractor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product, result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
Mike Rentner President and C.E.O.
Dave Ketcham Director
David Schroeder Senior Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit `B", which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to
or death of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability hereunder.
507639.2 4 Revised:5WO8
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
507639.2 5 Revised:5/8/08
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be such shorter
time as may be determined by the City. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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.
10.2 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, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed
as provided in this Section.
507639.2 6 Revised:5008
To City: City of Palm Springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Mike Rentner, President and C.E.O.
NBS Government Finance Group
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
11.2 Integrated Agreement. This Agreement contains all of.the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement,which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
507639.2 7 Revised:5l8/08
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
APPROVED BY CITY MANAGER
"CITY" u✓ a�
City of Palm Springs r
Date: AVL. By. 7�-
David H. Ready
City Manager
NOT TO EXCEED $ Z4-Z00 . Initialed;
APPROVED AS TO FORM: ATTEST
By:lAert� B .
ouglas olland es Thompson
City Attorney City Clerk 0$I�7/ZOl 1
"CONSULTANT"
NBS Government Finance Group
Date: By : `�F -
Mike Rentner,President
507639.2 8 PWsed.5W08
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California( 1
County of �—lU�' ii lz�: p,� I Ott ��� , �
On �L`� ��I�)� before me, y\1XZk i `tt���)MN Bl Ie
Date n Here Insert Name and Tdle of the Officer
personally appeared ��o- 1 eollj
Name(s)of Signer(s) -
who proved to me on the basis of satisfactory evidence to
be the person($' whose name(is/are subscribed to the
within instrument and acknowledged to me that
he/sh@A4ey executed the same in his/hal;4heir authorized
0 L ��� lAl1 capacity(ies), and that by hiwherAb& signature( on the
1 *R 1�17w instrument the person(p), or the entity upon behalf of
OftyPMYO•CYMawNN which the person(pf acted, executed the instrument.
Nor"Cwlr
Coe Od" I
ma 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y h and off id seal.
Sign � .
Place Notary Seal Above ignature of Nota P lic
OPTI
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document p
Title or Type of Document: r�
Document Date: Number of Pages: _1
Signer(s) Other Than Named Above: 0 A
Capacity(ies) Claimed bynS�i-ggn\er(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
GYCorporate Officer—Title S) _S ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ __ ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
®2007 National Notary Association,9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-..NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876£827
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK PROPOSAL
Including,
Schedule of Fees
And
Schedule of Performance
Attached and incorporated herein
507639.2 9 Revised:5l8/08
..
.t�
3 a
•� m ;��4����ia mat -�i.
32605 Tonla=Iv f l-kw_y.&Rini iGC pp
.re nec ula,GA 92 J l i
T,?,1`•repr$00.f7r3.1h18 (f89St 29fj.798'? 1
iF)451.2u 09p8 �.
nbegov.c,om pF
July 6, 2011
Ms. Nancy Klukan
Deputy City Treasurer
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Agreement to Provide Assessment District Administration,Tax Roll Billing and
Related Services
Dear Ms. Klukan:
NBS would like to thank you for the opportunity to continue providing Assessment District
Administration,Tax Roll Billing and Related Services for the City of Palm Springs ("City").
We look forward to continuing our professional relationship.
Please find enclosed our executed Agreement outlining our scope of services and fees for the City of
Palm Springs.
Scope of Services
1915 Act Assessment District Administration
Expert Resource. First and foremost, NBS will act as the City's "expert resource," and is available to
answer questions and advise the City on particular issues involving the Assessment Districts.
Kick-Off Meeting, Project Schedule. NBS will meet with City staff, legal counsel and other interested
parties to:
• Establish lines of communication.
• Clarify the specific project goals and criteria that will meet the City's preference.
• Identify and resolve any special circumstances that may be involved in the administration of the
Districts.
• Develop project schedules to meet legal requirements and provide for effective interaction of all
involved parties.
• Establish meeting dates consistent with schedule to achieve project milestones.
Data Collection. NBS will gather and review data relevant to the administration of the Districts. Data
will be obtained from various sources, including City records, Assessor's parcel maps, and County
Assessor information and establish a database for the Assessment Districts.
ro
helping communities fund tomorrow
Policy Review. NBS will review polices and procedures that have been established by the Agency for
compliance with the governing documents and law. These policies will be incorporated into our service
to the City.
Cost Recovery. NBS will identify all costs associated with the administration of the Assessment
Districts and recover those costs through the levy process as outlined in §8682 and §8682.1 of the
California Streets and Highways Code. These costs may include, but not be limited to
Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees, and expenses of
the City and its consultants related to the administration of the Districts.
Fund Analysis. NBS will determine the balance requirements and acquire the current cash balances
for the Districts. We will make recommendations to ensure that the flow of funds and fund balances are
in compliance with bond documents. Cash flow analysis will also be performed to determine any levy
shortfall or surplus.
Annual Assessment Levy. NBS will calculate the annual assessment levy for each parcel in each of
the Districts and submit the amount for each parcel to the County in the format and medium (i.e. tape,
diskette) required by the County Auditor-Controller.
Resubmission or Rejects. NBS will research the status of any parcels rejected by the County Auditor-
Controller, and resubmit corrected data for collection on the County Tax Roll. Any parcels that are not
accepted by the County for collection will be invoiced directly,with payment directed to the City.
Maintain Assessment District Data. NBS will annually track all parcel changes to ensure that all
changes are documented. Historical parcel change and assessment apportionment data will be
maintained by NBS.
Annual Report. NBS will provide a comprehensive Annual Report that will show a detail listing of the
amounts submitted to the levy or directly billed for collection, details of delinquent assessments, fund
analysis, paid off parcels and release of liens, all bond call activity, and assessed valuation information.
Delinquency Monitoring. NBS will provide the City with a comprehensive list of delinquencies after
each installment becomes due. This report will show delinquency percentage as well as a detailed list
of each delinquent parcel.
Prepayment Calculation/Amortization Schedule. NBS will provide assessment prepayment
calculations and amortization schedules to interested parties. The requester will pay the cost of this
service; however, there will be no charge to the City or property owners.
Bond Calls. NBS will prepare the spread of principal to be called within maturities for all bond calls and
coordinate the call with the Paying AgentfTrustee.
Release of Liens. NBS will prepare all documents required to release the liens of parcels that have
prepaid the assessment.
Notice of Special Assessment. NBS will provide a "Notice of Special Assessment' disclosure notice
to requesting parties as required by§53754 of the Government Code of the State of California. The fee
of any Notice of Special Tax shall be paid by the party requesting the disclosure notice.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City, other
interested parties and all property owners. Our staff will be available to answer questions regarding the
formation and ongoing collection of assessments for the Districts. Bilingual staff is available for
Spanish-speaking property owners.
0 ■ E BS Page 2
County Assessor Reporting. NBS will work with the County Assessor to aid in complying with the
requirements of Revenue & Taxation Code 163. This includes providing data such as parcel number,
original assessment and current principal balance to the County Assessor.
Tax Roll Submittal Services for 1972 Act Landscaping and Lighting Districts
Data Gathering. Gather and review data pertinent to the Landscaping and Lighting Maintenance
Districts. Data will be obtained from various sources such as the annual Engineer's Reports prepared
by the City, assessor's parcel maps and county assessor information as determined to be necessary
based on the requirements of the method of apportionment.
Quality Control. Perform cross-reference tests looking at the various data sources, land use codes,
and other pertinent information to verify the Assessment Roll in the Engineer's Reports.
Database. Create a database of all parcels within the Districts and relevant levy information based on
the Assessment Rolls found in the Engineer's Reports, and as provided electronically by the City.
County Submittal. Submit the levy to the County Auditor Controller in the required electronic format.
Levies rejected by the County Auditor Controller will be submitted to the City for further research, update
of the Assessment Roll and resubmitted for collection on the County Tax Roll. Any parcels that are not
submitted to the County for collection will be invoiced with payment to be directed to the City.
Reporting. Provide a listing of parcels and levy amounts applied by the County for the Districts. Parcel
and levy data can be provided via a CD ROM, diskette or emailed, as desired.
Delinquency Management
NBS will develop a comprehensive delinquency management program which includes a discussion and
interpretation of the issuer's foreclosure covenant together with a review of the existing polices and
procedures of the City. This service can be provided as part of overall annual administration or as a
stand-alone service. When deemed as the appropriate course of action, NBS will perform the following.
Delinquency Reports. NBS will provide the City with an updated list of delinquencies prior to sending
any of the below letters. This report will also detail each district's percentage of delinquencies, as well
as a detailed list of each delinquent parcel.
Reminder Letter. At the City's direction, send a reminder letter to the property owner of each
delinquent parcel for the December 10th installment. The purpose of the letter is to inform and educate
the property owner of their obligation to pay assessments.
Demand Letter. At the City's direction, send a demand letter to the property owner of each delinquent
parcel for the April 10th installment. This letter will be mailed to any property owner who remains
delinquent for both installments or who is delinquent for April IOth only. The purpose of this letter is to
further educate the property owner and advise them of a potential foreclosure.
Foreclosure Letter. This type of letter is typically sent after the installments for a parcel have been
removed from the tax roll. The letter delineates what amount must be paid directly to the City to forestall
the turnover of documents to the foreclosure attorney.
Tax Roll Removal. NBS will provide the information required to remove parcels from the tax roll and
coordinate with the County Auditor Controller to verify the removal. This step is in preparation of turning
the parcels over for foreclosure. Once removed from the tax roll, each property owner will receive one
final foreclosure letter indicating the amount due and payment instructions.
Payment Plans. At the City's discretion, NBS will offer payment plans to property owners in lieu of
turning parcels over to the City's foreclosure counsel.
NBSPage 3
Subsequent Foreclosure Services. NBS will prepare and deliver all information to the City's
foreclosure counsel. We will also continue to supply the City's counsel with additional information
throughout the foreclosure process. We will continue to respond to property owner and City staff
phone calls regarding the status of all cases, and will coordinate and audit status reports on a bi-
monthly basis from the City's foreclosure counsel.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City, other
interested parties and all property owners. Our staff will be available to answer questions regarding
the formation and ongoing collection of assessments for the Districts. Bilingual staff is available for
Spanish-speaking property owners.
Apportionments
Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and procedure that the
City must follow in apportioning the assessment lien on parcels that are reconfigured and/or
subdivided. With our experience in district formation and the development of methods of
assessment,we are able to ensure that apportionments are properly performed.
Assuming proceeding under the preferred procedure of Part 10.5, NBS will perform the following:
Application Forms. NBS will provide apportionment application forms and instructions to the City's
Engineering representative for inclusion as a condition of approval for subdivision within each
Assessment District.
Segregation. NBS will apportion the special assessment according to the method of spread as
described in the engineer's report.
Notice of Apportionment. NBS will prepare a notice of apportionment and send it via certified mail
to the issuing underwriter, as required.
Assessment Diagram. NBS will prepare an amended assessment diagram and notice. The
diagram and notice will be filed and recorded with the County Recorder.
Amortization Schedule. NBS will prepare an amortization schedule for each newly created
assessment type.
Apportionment Report. NBS will prepare and submit to the City an Apportionment Report showing
the finalized apportionment and the amended assessment diagram.
In the event proceedings are undertaken under Part 10, the following additional items are required:
Resolutions. NBS will prepare the required resolutions to order the amended assessment, the
amended assessment diagram, notices to the property owner, and fix the amount of costs to perform
the apportionment.
Public Meetings. NBS will be available to attend any public meetings required to complete the
apportionment.
NBS' Page 4
Annual Fees
The total of all fees shown below and covered by this Agreement will not exceed$24,700
annually.
1915 Act Assessment District Administration—Current Districts Listed Below
District Service Type Parcel Count Annual Base Fee
A.D. 161 1915 AD Administration 308 $3,150
A.D. 162 1915 AD Administration 95 3,150
A.D. 164 1915 AD Administration 196 3,150
Total Base Fee $9 450
Revenue and Taxation Code 163 Data Submittal to the County
AnnualFee...................................................................................................................No Charge
This information is part of the database used to calculate the annual levy. We routinely send this
information to the County.
Tax Roll Submittal Services for 1972 Act Landscaping and Lighting Districts—Current Districts
Listed Below
District Service Type Parcel Count Annual Base Fee
SLMD#3 A 1972 LLD Tax Roll Billing 75 $250
PMD#6A 1972 LLD Tax Roll Billing 25 250
PMD#6C 1972 LLD Tax Roll Billing 30 250
PMD#7 1972 LLD Tax Roll Billing 53 250
PMD#8 1972 LLD Tax Roll Billing 62 250
PMD#9 1972 LLD Tax Roll Billing 77 250
PMD# 10 1972 LLD Tax Roll Billing 308 250
PMD# 10 Zone 2 1972 LLD Tax Roll Billing 196 250
SLMD# 12 1972 LLD Tax Roll Billing 11 250
Total Base Fee $2,250
NBS Page 5
Assessment District Construction Fund Closeout Services
Total for Assessment Districts No. 157 and 158........................................................................$5,000
Delinquency Management
ReminderLetters(1).........................................................................................................................$1
Demand Letters (1) 5
............................................3..40.................................................................................
LienholderLetters (1, 2)....................................................................................................................
Foreclosure Letters Payment Plan Administration 50
Tax Roll Removal (3, 4) 150
....................................................................................................................150
Noticeof Intent Removal (4)...............................................................................................................25
Subsequent Foreclosure Fees(4)..................................................................................................... 100
All fees are based on a per parcel/per district basis, except as noted below.
I. This fee will be recovered as part of the next levy.
2. Letter is sent to lienholders where public Notice of Default has been filed. Fee reduced to$20
when sent jointly with Demand or Foreclosure Letter to same parcel.
3. This fee includes filing of"Notice of Intent to Remove Delinquent Installments"but does not
include County fees for removal from the tax roll.
4. This fee is per parcel/per district/per year from the initiation of the foreclosure.
LienholderResearch.....................................................................................................................Hourly
Annual Allowance for Delinquency Management Fees Shown Above..........................................$8,000`
Fees will be invoiced by NBS to the City as work, if any, is authorized by the City and recovered
directly from the delinquent parcel's levy resulting in no cost to the City.
Expenses
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may
include, but not be limited to travel, mailing fulfillment, postage, telephone, reproduction, meals and
various third-party charges for data, maps, and recording fees.
Annual Allowance for Expenses.........................................................................................$1,000
Annual Fee Increases
Cost of living increases may be applied to the services listed above on October 1 each year, beginning
with October 1, 2012. The COLA would be the actual cost of living increase, based on the U.S.
Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the
Southern California counties.
NvS Page
Additional Services
The following table shows our current hourly rates. Additional services authorized by the City but not
included in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly Rate
Director $ 190
Senior Consultant/Programmer 150
Engineer 140
Consultant 130
Analyst 100
Clerical/Support 55
Expert Witness TBD;with minimum fee
Terms
Administration services will be invoiced quarterly at the beginning of each quarter. Expenses will be
itemized and included in the next regular invoice. Fees for all other services will be invoiced upon
completion of the task. If the project is prematurely terminated by either party, NBS shall receive
payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If
payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per
month. Either party can cancel contracts with 30 days written notice.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group,
DBA NBS
Mike Rentner
President and CEO 7/6/2011
Title Date
NgS Page 7
r � NBS
helping communities fund tomorrow CITY OF PALM SPRINGS
1915 Act Assessment Districts
FY 2011112 Schedule of Performance
Performed
Category Action By Date
NBS will apportionment services to
Apportionments ensure the assessment lien is NBS If required,
apportioned to any parcel that usually around April
reconfi ures.
Cost Recovery Worksheet NBS prepares and delivers the annual NBS Jul 1
Cost Recovery Worksheet to the City y
City Staff reviews the Cost Recovery
Cost Recovery Worksheet Worksheet,provides amounts to be City July 15
recovered,fund balances,signs,and
returns the worksheet
NBS will calculate the annual
assessment levy for each parcel in
each of the Districts and submit the
Annual Assessment Levy amount for each parcel to the County NBS August 10
in the format and medium(i.e.tape,
diskette)required by the County
Auditor-Controller.
NBS will research the status of any
parcels rejected by the County
Auditor-Controller,and resubmit
Resubmission or Reeds corrected data for collection on the
I County Tax Roll.Any parcels that are NBS Middle of August
not accepted by the County for
collection will be invoiced directly,with
payment directed to the City.
NBS will provide a comprehensive
Annual Report that will show a detail
listing of the amounts submitted to the
Annual Report levy or directly billed for collection, NBS December
details of delinquent assessments,
fund analysis, paid off parcels and
release of liens,all bond call activity,
and assessed valuation information.
NBS will provide the City with a
comprehensive list of delinquencies
Delinquency Monitoring after each installment becomes due. NBS January and May
This report will show delinquency ry y
percentage as well as a detailed list
of each delinquent parcel.
At the City's direction,send a
reminder letter to the property owner
of each delinquent parcel for the
Reminder Letter December 10th installment. The NBS January
purpose of the letter is to inform and
educate the property owner of their
obligation to Pay assessments.
At the City's direction,send a demand
letter to the property owner of each
delinquent parcel for the April 10th
installment. This letter will be mailed
Demand Letter to any property owner who remains
delinquent for both installments or NBS May
who is delinquent for April 10th only.
The purpose of this letter is to further
educate the property owner and
advise them of a potential foreclosure.
This type of letter is typically sent after
the installments for a parcel have
been removed from the tax roll. The
Foreclosure Letter letter delineates what amount must be NBS If required
paid directly to the City to forestall the
turnover of documents to the
foreclosure attorney.
NBS will provide the information
required to remove parcels from the
tax roll and coordinate with the County
Auditor Controller to verify the
removal. This step is in preparation of NBS and
Tax Roll Removal turning the parcels over for County If required,October
foreclosure. Once removed from the
tax roll,each property owner will
receive one final foreclosure letter
indicating the amount due and
payment instructions.
At the City's discretion,NBS will offer
Payment Plans payment plans to property owners in
y lieu of turning parcels over to the NBS If required,ongoing
Cit 's foreclosure counsel.
NBS will prepare and deliver all
information to the City's foreclosure
counsel. We will also continue to
supply the City's counsel with
additional information throughout the
Subsequent Foreclosure foreclosure process. We will continue NBS If required
Services to respond to property owner and City
staff phone calls regarding the status
of all cases,and will coordinate and
audit status reports on a bi-monthly
basis from the City's foreclosure
counsel.
NBS will prepare the spread of
Bond Calls principal to be called within maturities NBS and If required,July and
for all bond calls and coordinate the Trustee December
call with the Paying A ent/Trustee.
NBS will prepare all documents If required,periodically
Release of Liens required to release the liens of parcels NBS throughout the year
that have prepaid the assessment.
NBS will perform an analysis of all
Construction Fund remaining funds to determine their
Closeout appropriate disposition in accordance NBS October
with applicable laws and district
documents.
NBS will provide a toll-free phone
number for use by the City,other
interested parties and all property
owners.Our staff will be available to
Toll-Free Phone Number answer questions regarding the NBS All Year
formation and ongoing collection of
assessments for the Districts.
Bilingual staff is available for
Spanish-speaking ropert owners.
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
507639.2 10 Revised:5/8/08
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days
written notice to City of any proposed cancellation. Certificates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence;
L Amite ebile liability 1. limits F at leastmillion dellafs
; *Waived.
*Waived.
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
B. Errors and Omissions Coverage. If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail
insurance in the amount required by this Agreement to cover claims made within three years of
the completion of Consultant's services under this Agreement, or (2) to maintain professional
liability insurance coverage with the same carrier, or equivalent coverage with another company,
in the amount required by this Agreement for at least three years after completion of
507639.2 l 1 Revised:5/8/08
Consultant's services under this Agreement. Consultant shall also be required to provide
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key Rating of B+, Class VII, or
better,unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
F. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
12 Revised:5WO8
507639.2
CONSULTING SERVICES AGREEMENT
With NBS for 1915 Act District Administration Services
THIS AGACEMENT FOR CONSULTING SERVICES (the "Agreement') is made and
entered into this].day of (}mj\ , 2010,by and between the City of Palm Springs, a California
charter city and municipa c rporal tion ("City"), and NBS Government Finance Group (dba
NBS) ("Consultant"),
RECITALS
A. City requires the services of a professional consultant to provide district
administration services for current and future assessment districts.
B. Consultant has submitted to City a proposal to provide 1915 Act District
Administration Services for current and future districts pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
i
j. D. City desires to retain the services of Consultant for the Project.
i
NOW, THEREFORE,in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide 1915 Act Assessment District Administration Services as
described in the Scope of Services/Work Proposal attached to this Agreement as Exhibit"A"and
incorporated herein by reference (the "services" or "work"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of Services/Work Proposal and the terms set forth in the main body of
this.Agreement;the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of
City and any federal, state, or local governmental agency of competent jurisdiction.
13 I�iecnscs and Permits. Consultant shall obtain at itg sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
t Revised:-1,000
107619.2
1.4 familiarity with 'Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A".
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
COMPENSATION OF CONSULTANT
3.1 Com ensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit"A" for a total amount that shall not exceed 121209.00.
3.2 . Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the
form approved by City's Controller, an invoice for services rendered prior to the date of the
invoice, payments shall be based on the rates as set forth in Exhibit "A" for authorized services
performed. City shall pay Consultant for all expenses stated thereon, which are approved by
City consistent with this Agreement, within thirty(30)days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 AuAronriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PEREORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement,
2 Rwised:518MG
507639.2
f
I
4.2 Schedule-of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A".
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten(10)days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract.Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
r Agreement, this Agreement shall continue in full force and effect for Fiscal Year 10-11,
commencing on July 1, 2010 and ending June 30, 2011, unless extended by mutual written
agreement of the parties,
5. COORDINATION OF WORK
i
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: David Schroeder, Senior Consultant. It is expressly understood that the experience,
fknowledge,. education, capability, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principal
may not be changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer, The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not Contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
3 Revised:518/08
P
(i
I 5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein as an independent contractor of City and shall not be an employee of
` City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product,result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
Mike Rentner President and C.E.O.
Dave Ketcham Director
David Schroeder Senior Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit"B", which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liabilities, actions, suits, claims, demands, losses, costs, judgments,arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to
or death of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant,.its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's pertbrmance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability hereunder.
4 Rwlwd:&W08
507639.1
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
t such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to .
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
i .
8.3 0-w-n-prship of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8A Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9A California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
g Iievlsed:'S/&06
507639.2
.. .. .. ........
f
9.3 Riebts and Remedies ..are Ctrmul; tom. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.4 Leval ,Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy ally default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be such shorter
time as may be determined by the.City. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
I the Contract officer. Consultant shall be entitled to compensation for all services rendered prior
g to receipt of the notice of termination and for any services authorized by the Contract Officer
f thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
P
days written notice to City.
gi.
10. MY OFFICERS AND EMPLS)YEES• NON-DISCRIMINATION
f 10.1 Nan-LiabiUty 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.
10.2 Covenant Aeainst Discrimi ation. 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, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed
as provided in this Section.
Revised:5l8l08.
5076392
......._... _.__ . .... . . .
To City: City of Palm Springs
Attention: City Manager&City Clerk
3200 E.Tahquitz Canyon Way
Palm Springs,California 92262
To Consultant: Mike Rentner, President and C.E.O.
NBS Government Finance Group
32605 Temecula Parkway, Suite 100
Temecula,CA 92592
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
patties and cannot he amended or modified except by written agreement.
11. 3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11A Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement,which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 Revised:6008
507639.7.
I
IN WaNFSS WHEREOF, the parties have executed this Agreement as of the dates
Stated below.
ti
g "CITY"
City of Palm Springs
( Date: Wit, 1 �Dl� By: �!
David H. Ready
City Manager
NOT TO EXCEED $Z � � Initialed:_
APP OVED AS TO FORM:. ATTEST
C A /
n
I Dou 1 C. of d, es Thompson,
Cit Attorney City Clerk -
"CONSULTANT"
!, NES Government Finance Group
Date: 2 By: —
Mike 1kcintner, President
APPROVED By CITY MANAGER
cn
g Re Ised:518M
507639.2
4
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK PROPOSAL
f
Including,
Schedule of Fees
F
And
s Schedule of Performance
Attached and Incorporated herein
9 Revised:5008
507639.2
................ . . .._
k ` N � B S
R LOW 06vermm-gt Svl-tlnnn
i
j
1 March 11. 2010
Ms. Nancy Klukan
Deputy City Treasurer
City of Palm Springs
3200 Tahquitz Canyon Way
a
Palm Springs, CA 92262
Subject: Agreement to Provide Assessment District Administration,Tax Roll
Billing and Related Services .
Dear Ms. Klukan:
I
NBS would like to thank you for the opportunity to continue providing Assessment District
Administration,Tax Roll Billing and Related Services for the City of Palm Springs("City").
We look forward to continuing our professional relationship.
Please find enclosed our executed Agreement outlining our scope of services and fees for the
j City of Palm Springs. .
Scope of Services
11915 Act Assessment District Administratfonj
Expert Resource. First and foremost, NBS will act as the City's"expert resource,"and is
available to answer questions and advise the City on particular issues involving the Assessment
Districts.
Kick-Off Meeting,Project Schedule. NBS will meet with City staff, legal counsel and other
interested parties to:
• Establish lines of communication.
• Clarify the specific project goals and criteria that will meet the City's preference.
• Identify and resolve any special circumstances that may be involved in the administration of the
Districts.
• Develop project schedules to meet legal requirements and provide for effective interaction of all
involved parties.
• Establish meeting dates consistent with schedule to achieve project milestones.
Data Collection. NBS will gather and review data relevant to the administration of the Districts.
Data will be obtained from various sources, including City records,Assessor's parcel maps, and
County Assessor information and establish a database for the Assessment Districts.
Policy Review. NBS will review polices and procedures that have been established by the
Agency for compliance with the governing documents and law. These policies will be
incorporated into our service to the City.
Cost Recovery. NBS will identify all costs associated with the administration of the Assessment
Districts and recover those costs through the levy process as outlined in§8682 and §8682.1 of
the California Streets and Highways Code. These costs may include, but not be limited to
Registrar/Transfer/Paying Agent fees.Arbitrage Rebate calculation foes,bank fees, and
expenses of the City and its consultants related to the administration of the Districts.
32805 Temecula Parkway,Suite 100 1 Temeoula,CA 92592 I Toll free:800.878.751E I Fax:951.298.1998
... . . .... .... . ..
S
4
Fund Analysis. NBS will determine the balance requirements and acquire the current cash
balances for the Districts. We will make recommendations to ensure that the flow of funds and
fund balances are in compliance with bond documents. Cash flow analysis will also be performed
to determine any levy shortfall or surplus.
Annual Assessment Levy, NBS will Calculate the annual assessment levy for each parcel in
each of the Districts and submit the amount for each parcel to the County in the format and
medium (i.e.tape,diskette) required by the County Auditor-Controller,
Resubmission or Rejects. NETS will research the status of any parcels rejected by the County
Auditor-Controller, aril resubmit corrected data for collection on the County Tax Roll. Any
parcels that are not accepted by.the County for collection will be invoiced directly,with payment
directed to the City.
Maintain Assessment District Data. NRS will annually track all parcel changes to ensure that
i all changes are documented, Historical parcel change and assessment apportionment data will
p be maintained by NBS.
�I Annual Report. NBS will provide a comprehensive Annual Report that will show a detail listing
of the amounts submitted to the levy or directly billed for collection,details of delinquent
4 assessments, fund analysis,paid off parcels and release of liens, all bond call activity, and
assessed valuation information.
0
Delinquency Monitoring,NBS will provide the City with a comprehensive list of delinquencies
after each installment becomes due. This report will show delinquency percentage as well as a
detailed list of each delinquent parcel.
Prepayment Calculallon/Amortization Schedule. NBS will provide assessment prepayment
calculations and amortization schedules to interested parties. The requester will pay the cast of
this Service;however,there will be no charge to the City or property owners.
Bond Calls. NBS will prepare the spread of principal to be called within maturities for all bond
calls and coordinate the call with the Paying Agent/Trustee.
Release of Liens. NBS will prepare all documents required to release the liens of parcels that
have prepaid the assessment.
Notice of Special Assessment. NBS will provide a"Notice of Special Assessment"disclosure
notice to requesting parties as required by§53754 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be paid by the party requesting the
disclosure notice.
Toll-Free Phone Number. NBS will provide a tall-free phone number for use by the City,other
interested parties and all property owners. Our staff will be available to answer questions
regarding the formation and ongoing collection of assessments for the Districts. Bilingual staff is
available for Spanish-speaking property owners.
County Assessor Reporting. NBS will work with the County Assessor to aid in complying with
the requirements of Revenue&Taxation Code 163. This includes providing data such as parcel
number,original assessment and current principal balance to the County Assessor.
Paget
N I I S
1
JTax Roll Submittal Services for 1972 Act Landscaping and Lighting Dlstrictsl
Data Gathering. Gather and review data pertinent to the Landscaping and Lighting Maintenance
Districts. Data will be obtained from various sources such as the annual Engineer's Reports
prepared by the City,assessor's parcel maps and county assessor information as determined to
be necessary based on the requirements of the method of apportionment.
Quality Control. Perform cross-reference tests looking at the various data sources, land use
codes, and other pertinent information to verify the Assessment Roll in the Engineer's Reports.
Database. Create a database of all parcels within the Districts and relevant levy information
based on the Assessment Rolls found in the Engineer's Reports, and as provided electronically
by the City_
i
County Submittal. Submit the levy to the County Auditor Controller in the required electronic
format. Levies rejected by the County Auditor Controller will be submitted to the City for further
research, update of the Assessment Roll and resubmitted for collection on the County Tax Roll.
Any parcels that are not submitted to the County for collection will be invoiced with payment to be
r directed to the City.
9 Reporting, Provide a listing of parcels and levy amounts applied by the County for the Districts.
Parcel and levy data can be provided via a CD ROM,diskette or entailed,as desired.
lDaunquency Managamentl
NOS will develop a comprehensive delinquency management program which includes a
discussion and interpretation of the issuer's foreclosure covenant together with a review of the
existing polices and procedures of the City.This service can be provided as part of overall annual
administration or as a stand-alone service. When deemed as the appropriate course of action,
NOS will perform the following.
Delinquency Reports. NOS will provide the City with an updated list of delinquencies prior to
sending any of the below letters. This report will also detail each district's percentage of
delinquencies, as well as a detailed list of each delinquent parcel.
Reminder Letter. At the City's direction,send a reminder letter to the property owner of each
delinquent parcel for the December 1 Oth installment. The purpose of the letter is to inform and
educate the property owner of their obligation to pay assessments.
Demand Letter.At the City's direction, send a demand letter to the property owner of each
delinquent parcel for the April 1 Oth installment. This letter will be malled to any property owner
who remains delinquent for both installments or who is delinquent for April 1 Oth only. The
purpose of this letter is to further educate the property owner and advise them of a potential
foreclosure.
Foreclosure Letter.This type of letter is typically sent after the installments for a parcel have
been removed from the tax roll. The letter delineates what amount must be paid directly to the
City to forestall the turnover of documents to the foreclosure attorney.
Tax Roll Removal. NOS will provide the information required to remove parcels from the tax roll
and coordinate with the County Auditor Controller to verify the removal. This step is in
preparation of turning the parcels over for foreclosure. Once removed from the tax roll, each
property owner will receive one final foreclosure letter indicating the amount due and payment
instructions.
Payment Plans. At the City's discretion, NOS will offer payment plans to properly owners in lieu
of turning parcels over to the City's foreclosure counsel.
Page 3
NIBIS
.._._.... _... .. ..
l ,
G
Subsequent Foreclosure Services. NSS will prepare and deliver all Information to The City's
foreclosure counsel. We will also continue to supply the City's counsel with additional
information throughout the foreclosure process. We will continue to respond to property
owner and City staff phone calls regarding the status of all cases, and will coordinate and
audit status reports on a bi-monthly basis from the City's foreclosure counsel.
I
Tall-Free Phone Number. NOS will provide a toll-free phone number for use by the City,
other interested parties and all property owners. Our staff will be available to answer
questions regarding the formation and ongoing collection of assessments for the Districts.
Bilingual staff is available for Spanish-speaking property owners.
{Apportionmentsl
Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and procedure
that the City must follow in apportioning the assessment lien on parcels that are reconfigured
and/or subdivided. With our experience in district formation and the development of methods
of assessment, we are able to ensure that apportionments are properly performed.
Assuming proceeding under the preferred procedure of Part 10.5, NOS will perform the
fallowing:
Application Forms. NOS will provide apportionment application forms and instructions to the
City's Engineering representative for inclusion as a condition of approval for subdivision within
each Assessment District.
Segregation. NOS will apportion the special assessment according to the method of spread
as described in the engineer's report.
Notice of Apportionment. NBS will prepare a notice of apportionment and send it via
certified mail to the issuing underwriter, as required.
Assessment Diagram. NOS will prepare an amended assessment diagram and notice. The
diagram and notice will be filed and recorded with the County Recorder_
Amortization Schedule. NOS will prepare an amortizptlon schedule for each newly created
assessment type.
Apportionment Report. NOS will prepare and submit to the City an Apportionment Report
showing the finalized apportionment and the amended assessment diagram.
In the event proceedings are undertaken under Part 10,the following additional Items are
required:
Resolutions. NOS will prepare the required resolutions to order the amended assessment,
the amended assessment diagram, notices to the property owner, and fix the amount of costs
to perform the apportionment.
Public Meetings. NOS will be available to attend anypublic meetings required to complete .
the apportionment.
Page 4
Nie, i' s
F
R
V
Annual Fees
e IQIaLQf a below and covered by this Atimemant will 24 70
annually.
11915 Act Assessment District Administration—Current Districts Listed Belowl
District i Service Type Parcel Count AnnualBaseFee
A.D.157 1915 AD Administration 129 $2,200
A.D. 158 1915 AD Administration 27 1,800
A.D. 161 1915 AD Administration 308 3,150
A.D. 162 1915 AD Administration 95 3,150
A.D. 164 1915 AD Administration 196 3,150
Total Base Fee $13,450
l [Revenue and Taxation Code 163 Data Submittal to the County[
AnnualFee.................................................................................................................. No Charge
This information is part of the database used to calculate the annual levy. We routinely send this
information to the County.
ITax Roll Submittal Services for 1972 Act Landscaping and Lighting Districts--Current
Districts Listed Below[
District Service Type Parcel Count Annual Base Fee
SLMD#3 1972 LLD Tax Roll Billing 75 $250
PMD#6A 1972 LLD Tax Roll Billing 25 250
PMD#6C 1972 LLD Tax Roll billing 30 250
PMD#7 1972 LLD Tax Roll Billing 53 250
PMD#8 1972 LLD Tax Roll Billing 62 250
PMD#9 1972 LLD Tax Roll Billing 77 250
.. PMD#10 1972 LLD Tax Roll Billing 308 250
PMD It 10 Zone 2 1972 LLD Tax Roll Billing 196 250
SLMD#12 1972 LLD Tax Roll Billing 11 250
Total Base Fee $2,2so
Page 5
N B 'S
IDelinquency Managementl
! Reminder Letters 1 $15
EDemand Letters(1) .............................................................................................. ..................30
Lienholder Letters(1, 2) ....................................................... .............................................. 40
Foreclosure Letters................................................................................... .............................50
150
TaxNotice of Intent Removal4 ..................................................................................................
Roll Removal3,4 . 25
..`..).....................................................__.......... .... ....................... 75
Payment PlanAdministration.---,............................................. ....... ......
( Subsequent Foreclosure Fees(4)....................................... .................................................. 100
All fees are based on a per parcellper district basis, except as noted below.
1. This fee will be recovered as part of the next levy.
2. Letter is sent to lienholders where public Notice of Default has been filed. Fee reduced to
6 $20 when sent jointly with Demand or Foreclosure.Letter to same parcel.
p 3. This fee includes filing of"Notice of Intent to Remove Delinquent Installments"but does
not include County fees for removal from the tax roll.
4. This fee is per parcel/per districUper year from the initiation of the foreclosure.
Lienholder Research...._............................................................I.,...:........... .. ---.•........Hourly.
Annual Allowance for Delinquency Management Fees Shown Above...............................$B4O00"
" Fees will be invoiced by NBS to the City as work, if any, is authorized by the City and
recovered directly from the delinquent parcel's levy resulting in no cost to the City-
IExpensesi
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses
may include, but not be limited to travel;mailing fulfillment,postage, telephone, reproduction,meals
and various third-party charges for data,maps,and recording fees,
Annual Allowance for Expenses......................................................... . .. .. .....................$1,000
Page 6
NIBIS
[Annual Fee lncreasesl
Cost of living increases may be applied to the services listed above on October 1 each year,
{ beginning with October 1,2011. The COLA would be the actual cost of living increase,based on
4 the U.S. Department of Labor, Bureau of Labor Statistics,Consumer Price index for all urban
consumers for the Southern California counties.
j (Additional Services)
The following table shows our current hourly rates. Additional services authorized by the City but
` not included in the scope of services will be bulled at this rate or the then applicable hourly rate.
Title
DirrWitne% [
Hourly$190
Senior Consult i50
Eng 140
Cons 130
{ An 100
Clerica 55
FarperiTBD;with minimum fee
I
ITermsl
Administration services will be Invoiced quarterly at the beginning of each quarter. Expenses will
be itemized and included in the next regular invoice. Fees for all other services will be invoiced
upon completion of the task. If the project is prematurely terminated by either party,NBS shall
receive payment for work completed. Payment shall be made within 30 days of submittal of an
invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate
of 1.5%per month. Either party can cancel contracts with 30 days written notice.
Please feel free to contact me it you have any questions or need further information.
Best regards,
NBS Government Finance Group,
DBA NBS
Mike Rentner
Presi nt an E 1 2 10
Title Data
Page 7
I
NIBi
. . .................... ................. ..
"
EXHIBIT «B
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
i
Minimum Scope of Insurance,
Deductibles and. Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
to Rewsed:&V00
507679.7
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days
written notice to City of any proposed cancellation. Certificates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Sco a of insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
S one million dollars ($1,000,000.00) combined single limit coverage per occurrence;
2.
*Waived.
3. liability (WMFS and Rh limits of at
least one de.. ;01,090,000.90)per eee?4ffenes; *Waived.
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance.with limits of at least one million
dollars$1 million per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall.waive all rights of subrogation and contribution it may have
against City,its elected officials, officers,employees,agents, and volunteers.
B. Errors and Omissions Coveragg. If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail
insurance in the amount required by this Agreement to cover claims made within three years of
the completion of Consultant's services under this Agreement, or (2) to maintain professional
liability insurance coverage with the same carrier, or equivalent coverage with another company,
in the amount required by this Agreement for at least three years after completion of
Revised:5✓BI08
5U7639!
g�
i
Consultant's services under this Agreement. Consultant shall also be required to provide
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy.
C. Sufficiency of jicurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key Rating of B+, Class VII, or
better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
F. Severability of Interests (Separation of Irigtlxeds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
12 Rewsed:9/8/08
507639.2
1 CONSULTING SERVICES AGREEMENT
With NBS for 1915 Act District Administration Services
THIS AG EME FOR-CONSULTING SERVICES (the "Agreement") is made and
entered into this�aay of�, 2009,by and between the City of Palm Springs,a California
charter city and municipal c oration ("City"), and NBS Government Finance Group (dba
NBS) ("Consultant),
RECITALS
A. City requires the services of a professional consultant to provide district
administration services for current and future assessment districts.
B. Consultant has submitted to City a proposal to provide 1915 .Act District
Administration Services for current and future districts pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
D. City desires to retain the services of Consultant for the Project"
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICE
1.1 Scope of Services. In compliance •with all terns and conditions of this
Agreement, Consultant shall provide 1915 Act Assessment District Administration Services as
descirib-d in the Scope of Services/Work Proposal attached to this Agreement as Exhibit"A" and
incorporated herein by reference (the "services" or `work"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance with ail
standards prevalent in the industry" In the event of any inconsistency between the terms
contained in the Scope of ServicesMork Proposal and the terms set forth in the train body of
this Agreement,the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law" All services rendered under this Agreement shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of
City and any federal,state,or local governmental agency of competent jurisdiction:
13 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services . .
required by this Agreement.
I Rema&Sam
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefdly considered how the work should be performed and fully understands the
facilities,difficulties,and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
Y
The time for completion of the services to be performed by Consultant is an.essential
condition of this Agreement, Consultant shrill prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit 'W"
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 -Compensation of Consultant. For the services rendered pursuant to this
Agreement,Consultant shall be compensated and reimbursed,in accordance with the schedule of
fees set forth in Exhibit"A"for a total amount that shall not exceed$28,800.00.
3.2 Method of Pa meat. In any month in which Consultant wishes to receive
payment,Consultant shall no later than the first working day of such month,submit to City in the
form approved by City's Controller, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the rates as set forth in Exhibit"A"for authorized services
performed. City shall pay Consultant for all expenses stated thereon, which are approved by
City consistent with this Agreement,within thirty(30) days of receipt of Consultant's invoice.
i
3.3 Changes. In the event any change or changes in the Scope of Servicestwork is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forthwith particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents,other-work product,or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
5076392 2 ReVf6e0:G�QIG6
4.2 • Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A".
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten(10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay,and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
.Agreement, this Agreement shall continue in full force and effect for Fiscal Year. 09-10,
commencing on July 1, 2009 and ending June 30, 2010, unless extended by mutual written
agreement of the parties.
5. COORDINATION OF WORT{
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: David Schroeder, Senior Consultant. It is expressly understood that the experience,
knowledge, education, capability, and reputation of the foregoing principal is a substantial '
inducement for City to enter into ibis Agreement Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principal
may not be changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It "I be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, frilly informed of the progress of the performance of the services and Consultant shall
refer any decisions that most be made by City to the Contract Officer. Unless otherwise
specified berein,any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or AssiEnmaent. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall .
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
.Agreement nor any interest herein may be assigned or transferred,voluntarily or by operation of
law,without the prior written approval of City.
3 _ Renaae:s�oe
• 50'�6l9.P
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant,its agents or employees,perform
the services required herein, except as otherwise set forth herein.. Consultant shall perform all
services required herein as an independent coutractor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product,result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees•are agents or employees of City,
5.5 Personnel. Consultant'agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prier written approval of the Contract Officer. Acting through the City Manager,the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name; Title:
Mike Rentner President and C.E.O.
Dave Ketcham Director
David Schroeder Senior Consultant
6. INsTiRANCr
Consultant shall procure and maintain, at its sole cost and expense,policies of insurance
as set forth in Exhibit"W',which is attached hereto and is incorporated herein by reference.
7. INDENIl\rIFICArNON.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the"Indemnified Parties"),fro and against any
and all liabilities, actions, suits, claims, demands, losses, costs,judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims%including but not limited to Claims arising ftom injuries to
or death of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Connsultant,its officers,employees,representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding.such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and.voluzrteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemuification obligation or other liability-
hereunder-4 ReWaed:Va=
507639.2 ,
i • •
i
S. RECORDS AND REPORTS
9.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit,and
make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
M Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets,accounting records,and other evidence pertaining to costs incurred while performing
'under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMWNT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California. '
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California,or any other appropriate court in such county,and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 'Waiver. No delay or omission in the exercise of any night or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
pwsed SON
507639.2 '
I�
I
9.3 Rights ,and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other parry.
9.4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relies; a
declaratory judgment,or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety,and general welfare,the period of notice shall be such shorter
time as may be determined by the City. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES;ON-DISCREM NATION
10.1 Nan-Liability_of C& 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.
10.2 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 pmf'ormauce 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,national origin,or ancestry.
11. MISCELLANEOUS PROTONS
11.1 Notice. Any iiotice, demand,request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid,first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed
as provided in this Section.
5 Revlwct MOB
5076392
To City: City of Palm Springs
Attention: City Manager&City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Mike Rentner, President and C.E.Q. -
NBS Government Finance Group
32605 Temecula Parkway,Suite 100
Temecula, CA 92592
11.2 . Integrated Agreement. This Agreement contains all of fhe agreements of the
parties and cannot be amended or modified except by written agreement.
113 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences,clauses,
paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction,such invalidity or tmenforeeability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement,which shall be-interpreted to carry out the intent of the parties hereunder.
11.5 Authori The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
I
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 RCViSEE:G'El08
S0�639.R -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By: , V�
David H-Ready
City Manager
NOT TO EXCEED S Initialed:
AP O'VED AS TO FORM: ATTEST
By
D uglas HoI 'd, ames Thompson,
i Attorney City Clerk -• .
"CONSULTANT"
NBS Government Finance Group
Date: By
Mike Rentaer,Presiden#
APPROVED BY CITY COUi�lCii.
Tc
ItY Z ckJ Tice Express Written
he.IVjoi,ization Of The City
Manager.
5076.39.2 s Rcvlsw:s a os
a
EXHIBIT "A"
! CONSULTANT'S
SCOPE OF SERVICES/WORK PROPOSAL
Including,
Schedule of Fees
And
Schedule of Performance
Attached and incorporated herein
cJ _ Revised:5MME
507G39.2
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
f
E
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
I
Severability of Interests (Separation of Insureds)
i
savz lU R6VL=:WOMB
Big
I Local Government solutions
June 3,2009
I
Ms. Sharon Ainsworth
I Deputy City Treasurer
City of Palm Springs
3200 Tahquit2 Canyon Way
Palm Springs, CA 92262
Subject: To provide 1915 Act District Administration Services and Related
Services for Current and Future Districts
Dear Ms.Ainsworth:
NBS would like to thank you for the opportunity to provide)915 Act Administration and
Related Services for the City of Palm Springs(°City")as referenced above. We look forward
'to continuing our professional relationship.
Please find enclosed our executed Proposal outlining our services to the City of Palm
springs-
Scope of Services
11915 Act Assessment District Administration]
Expert Resource. First and foremost, NBS will act as the Civs"expert resource,'and is
available to answer questions and advise the City on particular issues involving the Assessment
Districts.
K1ckOff Meeting,Project Schedule_ NBS will meet with City staff, legal counsel and other
interested parties to:
• Establish lines of communication.
Clarify the specific project goals and criteria that will meet the City's preference.
Identify and resolve any speoial circumstances that may be involved in the administration of
the districts-
Develop project schedules to meet legal requirements and provide for effective interaction of
all involved parties.
Establish meeting dates consistent with schedule to achieve project milestones.
Data Collection. NBS will gather and review data relevant-to the administration of the districts-
Data will be obtained from various sources, including City records,Assessor's parcel maps,and
County Assessor information and establish a database for the assessment districts.
Policy Review. NBS will review polices and procedures that have been established by the
Agency for compliance with the governing documents and taw- These policies will be
incorporated into our service to the City.
32805 Temecula Parkway,Sob 100 l Te acuta,CA 92592 I Toll free:60e.676.7516.1 Fax:951.296.19s6 ,
I
Cost Recovery. NBS will identify all costs associated with the administration of the Assessment
Districts and recover those costs through the levy process as outlined in§8682 and§8682.1 of
the California Streets and Highways Code. These costs may include, but not be limited to
RegistrarlTransferlPaying Agent fees,Arbitrage Rebate calculation fees, bank fees,and
expenses of the City and its consultants related to the administration of the districts.
Fund Analysis. NBS will determine the balance requirements and acquire the current cash
balances for the districts. We will make recommendations to ensure that the flow of funds and
fund balances are in compliance with bond documents. Cash flow analysis will also be performed
to determine any levy shortfall or surplus.
Annual Assessment Levy. NBS will calculate the annual assessment levy for each parcel in
each of the districts and submit the amount for each parcel to the County in the format and
medium(i.e. tape,diskette)required by the County Auditor-Controller.
Resubmisslon or Rejects. NBS will research the status of any parcels rejected by the County
Auditor-Controller,and resubmit corrected data for collection on the County Tax Roll. Any
parcels that are not accepted by the County for collection will be invoiced directly,with payment
j directed to the City.
Maintain Assessment District Data. NBS will annually track all parcel changes to ensure that
all changes are documented. Historical parcel change and assessment apportionment data will
be maintained by NBS.
Annual Report NBS will provide a comprehensive Annual Report that will show a detail listing
of the amounts submitted to the levy or directly billed for collection, details of delinquent
assessments,fund analysis, paid off parcels and release of liens,all bond call activity, and
assessed valuation information.
Delinquency Monitoring.NBS will provide the City with a comprehensive list of delinquencies
after each installment becomes due. This report will show delinquency percentage as well as a
detailed list of each delinquent parcel.
Prepayment CalculationlAmortlzation Schedule. NBS will provide assessment prepayment
calculations and amortization schedules to interested parties. The requester will pay the cost of
this service; however,there will be no charge to the City or property owners.
Bond Calls- NBS will prepare the spread of principal to be called within maturities for all bond
calls and coordinate the call with the Paying Agent/Trustee-
Release of Liens. NBS will prepare all documents required to release the liens of parcels that
have prepaid the assessment.
Notice of Special Assessment. NBS wilt provide a"Notice of Special Assessment'disclosure
notice to requesting parties as required by§53754 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be paid by the party tquesting the
disclosure notice.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City,other
interested parties and an property owners. Our staff will be available to answer questions
regarding the formation and ongoing collection of assessments for the districts_ Bilingual staff is
available for Spanish-speaking property owners.
County Assessor Reporting. NBS will work with the County Assessor to aid in complying with
the requirements of Revenue&Taxation Code 163_ Thls includes providing data such as parcel
number,original assessment and current principal balance to the County Assessor_
Page 2
N � B � S
(Assessment District Construction Fund Closeout Servicesl
1
I Kick-Off Meeting,Project schedule, NBS will meet with City staff, legal counsel and other
interested parties to:
• Establish lines of communication.
Clarity the specific project goals and criteria that will meet the City's preferences. .
• Identify and resolve any special circumstances that may be involved in the disposition of
construction funds,
• Develop project schedules to provide for effective interaction of all involved parties.
Establish meeting dates consistent with the schedule to achieve project milestones.
Fund Analysis.NBS will perform an analysis of remaining construction funds to determine their
appropriate disposition in accordance with applicable laws and district documents.
Parcel List NBS will prepare a list of parcels along with mailing addresses, and construction
fund refund amounts for the processing of any refunds by the City.
Bond Calls. NBS will prepare any necessary bond call documents resulting from bond calls
processed using construction fund surplus.
Notice of Completion.NBS will prepare or obtain a Notice of Completion of Public Work.
Findings Report, NBS will prepare a Construction Fund Closeout Analysis and Findings Report.
Resolutions. NBS will prepare any necessary resolutions regarding the closeout of the
construction fund.
lTax Roll Submittal Services for 1972 Act Landscaping and Lighting Distriotsl
Data Gathering. Gather and review data pertinent to the Landscaping and Lighting Maintenance
Districts. Data will be obtained from various sources such as the 2009110 Engineer's Deports,
assessor's parcel maps and county assessor information as determined to be necessary based
on the requirements of the methods of apportionment.
Quality Control: (perform cross-reference tests looking at the various data sources, land use
codes, and other pertinent information to verify the Assessment Roll in the Engineer's Reports,
Database. Create a database of all parcels within the districts and relevant levy information
based on the Assessment Rolls found in the Engineer's Reports, and as provided electronically
by the City,
County Submittal: Submit the levy to the County Auditor Controller in the required electronic
format- Levies rejected by the County Auditor Controller will be submitted to the City for further
research, update of the Assessment Roll and resubmitted for collection on the County Tax Roll-
Any parcels that are not submitted to the County for collection will be invoiced with payment to be,
directed to the City.
Reporting: Provide a listing of parcels and levy amounts applied by the County for the district.
Parcel and levy data can be provided via a CD ROM, diskette or emailed electronic file, if desired.
r Page 3
IV S S
[Delinquency Management
NBS will develop a comprehensive delinquency management program which includes a
discussion and interpretation of the issuers foreclosure covenant together with a review of the
existing polices and procedures of the City. This service can be provided as part of overall
annual administration or as a stand-alone service. When deemed as the appropriate course
of action, NBS will perform the following.
Delinquency Reports. NBS will provide the City with an updated list of delinquencies prior to
sending any of the below letters- This report will also detail each district's percentage of
delinquencies, as well as a detailed list of each delinquent parcel.
Reminder Letter. At the City's direction, send a reminder letter to the property owner of each
delinquent parcel for the December 10th installment The purpose of the letter is to inform
and educate the property owner of their obligation to pay assessments.
Demand Letter.At the City's direction, send a demand letter to the property owner of each
delinquent parcel for the April 10th installment. This letter will be mailed to any property
owner who remains delinquent for bath installments or who is delinquent for April 10th only.
The purpose of this letter is to further educate the property owner and advise them of a
potential foreclosure.
i Foreclosure Letter.This type of letter is typically sent after the installments for a parcel have
been removed from the tax roll. The letter delineates what amount must be paid directly to
the City to forestall the turnover of documents to the foreclosure attorney.
i
Tax Roll Removal. NBS will provide the information required to remove parcels from the tax
roll and coordinate with the County Auditor Controller to verify the removal. This step is in
preparation of turning the parcels over for foreclosure. Once removed from the tax roll,each
property owner will receive one final foreclosure letter indicating the amount due and payment
instructions.
Payment Plans. At the City's discretion, NBS will offer payment plans to property owners in
lieu of turning parcels over to the City's foreclosure counsel-
Subsequent Foreclosure Services. NBS will prepare and deliver all information to the City's
foreclosure counsel. We will also continue to supply the City's counsel with additional
information throughout the foreclosure process- We will continue to respond to property
owner and City staff phone calls regarding the status of all cases, and will coordinate and
audit status reports on a bi-monthly basis from the City's foreclosure counsel.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City,
other interested parties and all property owners. Our staff will be available to answer
questions regarding the formation and ongoing collection of assessmentsispecial taxes for the
districts. Bilingual staff is available for Spanish-speaking property owners.
jAppor lonmentsl
Parts 10 and 10.5 of the Streets and Highways Code detail the methodology and procedure
that the City must follow in apportioning the assessment lien on parcels that are reconfigured
and/or subdivided. With our experience in district formation and the development of methods
of assessment, we are able to ensure that apportionments are property performed.
Assuming proceeding under the preferred procedure of Part 10.5,NBS will perform the
following:
Application Forms. NBS will provide apportionment application forts and instructions to the
City's Engineering representative for inclusion as a condition of approval for subdivision within
an assessment district
Page A
NIBIS
Segregation. NBS will apportion the special assessment according to the method of spread
as described in the engineer's report.
Notice of Apportionment. NBS will prepare a notice of apportionment and send it via
certified mail to the issuing underwriter, as required.
Assessment Diagram. NBS will prepare an amended assessment diagram and notice. The
diagram and notice will be filed and recorded with the County Recorder.
Amortization Schedule. NBS will prepare an amortization schedule for each newly created
assessment type.
Apportionment Report. NBS will prepare and submit to the City an Apportionment Report
showing the finalized apportionment and the amended assessment diagram.
In the event proceedings are undertaken under Part 10,the following additional items are
required:
Resolutions. NBS will prepare the required resolutions to order the amended assessment,
the amended assessment diagram, notices to the property owner, and fnc the amount of costs
to perform the apportionment
Public Meetings. NBS will be available to attend any public meetings required to complete
I the apportionment.
it
lees
sr. N(. _1'y1I`..r':•ua"'a:Yv�'?�� .= �r�,.r"inni'�y+ -` .''pJy^v '�3r y�'PiflTp"
11915 Act Administration Services--Current Districtsi
District Service Type Count Annual Fee
A.D. 157 1915 129 $1,943.74
A.D. 158 1915 27 1,609.94
A.D. 161 1915 308 2,828.14
A-D. 162 1915 95 2,828.14
A.D. 164 1915 196 2,828.14
Total Fee $12,038-10
lRevenue and Taxation Code 1631
AnnualFee.........................................................................................................................no charge
7his information is part of the database used to calculate the annual levy. We routinely send this
information to the Counties.
Assessment Distrlet Construction Fund Closeout Services
Total for Assessment Districts No. 161, 162 and 164.................•-..--------------•---............................$6.000
Page 5
t BIS
s � •
lTax Roll Submittal Services for 1972 Act Landscaping and Lighting Districtsi
I Flat Fee Per District.................................. ................. ....................$250
I lelinquency Managementl
IfReminder Letters............................................................. ...........................................................$10 "
DemandLetters............................................................................................ ............ ................... 15 "
ForeclosureLetters.-------....................................................... ....................................................... 30
Payment Plan Administration...................................................................................................... 150
TaxRoll Removal........................................................................................................... 50 "*
Subsequent Foreclosure Fees................. . 75 ""•
Fiscal Year 2009110 Estimated Annual Fees........................................... $7,500
All fees are based on a per parcel/per district basis
'This fee will be recovered as part of the next levy.
"This fee includes filing of"Notice of Intent to Remove Delinquent Installments"
but does not include County fees focremoval from the tax roll.
"*'This fee is per parcel/per district/per year from the initiation of the foreclosure.
This fee is based on an estimate of approximately 25 parcels undergoing foreclosure and
approximately 60 parcels being requiring delinquency management Fees will be billed by NBS
to the City and recovered directly from the delinquent parcels, resulting in no net cost to the
City.
i
l lApportionmentsl
Apportionments will be performed upon request and paid forby the property owners requesting
parcel subdivisions�at our then current fee structure, as shown below. N13S will apportion the
assessment according to the original method of spread, prepare the amended assessment
diagram, and record the notice of apportionment and amended diagram per Parts 10 and 10-5.
of the Streets and Highways Code-
Part 10.5
Apportionment Fee(Four parcels or less): ------------ ............................... $950
Apportionment Fee(Five or more parcels):-------------------- ................................--_$1,800
(plus$35 per parcel)
Recording Fee(each):......... ................ ...... .....................................$40
Part 10
Resolutions: ....................................... ................... ----- .........-$300
Meeting Attendance:-....... ............... ...... ......................... .....hourly,plus travel costs`
"reasonable and customary travel costs, as needed
Fees-Additional Information
IExpensesl
Customary out-of-pocket expenses will be billed to the City at actual cast to NOS. These
expenses may include, but not be limited to travel, postage,telephone, reproduction,meals
and various County charges for tapes, maps, and recording fees-
Fiscal Year2009t10 Estimated Annual Expenses....................................... .........$1,000
Page 6
NIB S
jAnnual Fee Increasesi
Cost of living increases may be applied to the services listed above on October 1 each year,
beginning with October 1,2008. The COLA would be the actual cost of living increase,
based on the t1S- Department of Labor, Bureau of Labor Statistics, Consumer Price Index
tar all urban consumers for the Southern California counties.
jAddltlonal Servlcesj
Following is the current hourly rate. Additional services authorized by the City will be billed at
this rate or the then-applicable hourly rate.
HourlyTitle Director $190
Senior Consultant/Programmer 150
Engineer 140
Consultant 130
Analyst 100
Clerical/Support 55
JTermsJ
I
Administration services will be invoiced quarterly at the beginning of each quarter. Expenses
Will be itemized and included in the next regular invoice- Fees for all other services will be
invoiced upon completion of the task. If the project is prematurely terminated by either party,
NOS shall receive payment for work completed, Payment shall be made within 30 days of
submittal of an invoice. If payment is not received within 90 days simple interest will begin to
accrue at the rate of 1.5%per month. Either party can cancel contracts with 30 days written
notice.
Please feel free to contact me if you have any questions or need-further information.
Best regards,
NOS Government Finance Group,
Mike Rentner
President and CEO 6/3109
Tile Date
Page 7
N I g I S
CONSULTING SERVICES AGREEMENT
With NBS for 1915 Act District Administration Services
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into thiOLAday of �k)vV , 2008, by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"), and NBS Government finance Group (dba
NBS) ("Consultant").
RECITALS
A. City requires the services of a professional consultant to provide district
administration services for current and future assessment districts.
B. Consultant has submitted to City a proposal to provide 1915 Act District
Administration Services for current and future districts pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
I. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide 1915 Act Assessment District Administration Services as
described in the Scope of Services/Woik Proposal attached to this Agreement as Exhibit'`A'and
incorporated herein by reference (the "services" or "work"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner in accordance with all
standards prevalent in the industry. In the event of any inconsistency between the terms
contained in the Scope of Services/Worlc Proposal and the terms set forth in the main body of
this Agreement, the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of
City and any federal, state, or local governmental agency of competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
Rovised:519/06
S07G39 2
Ciy\t' ^'��Pely Z4r 7-1 �rv�T
1.4 Familiarity with 'Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities;difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The lime for completion of the services to be performer) by Consultant is an essential
condition of this Agreement.' Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A".
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the parry responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit"A"for a total amount that shall not exceed$ 40,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the
form approved by City's Controller, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the rates as set forth in Exhibit"A" for authorized services
performed. City shall pay Consultant for all expenses stated thereon, which are approved by
City consistent with this Agreement, witbin thirty(30)days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily futuished in accordance with generally accepted practice in Consultant's profession.
3.4 A_ppropriations. This Agreement is subject to and contingent upon fiords being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence_ Time is of the essence in the performance of this Agreement.
2 Red:ed:518108
5076392
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A".
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be, final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier tenninated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for Fiscal Year 08-09,
commencing on July 1, 2008 and ending June 30, 2009, unless extended by mutual written
agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: David Schroeder, Senior Consultant. It is expressly understood that the experience,
knowledge, education, capability, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Ageement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder. The foregoing principal
may not be changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Urnless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
j RCvised:518108
5076391
5.A Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein as an independent eontiactor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product,result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: 'Title:
Mike Rentner President and C.E.O.
Dave Ketcham Director
David Schroeder Senior Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth,in Exhibit"B",which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to
or death of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant, its officers, employees,representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability hereunder.
q Revised:5/8108
507639 2
S. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership of Documents_ All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Taw. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim., or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No cousent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
S RBVISBd:518108
507619,2
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party may tape
legal action, in Iaw or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare,the period of notice shall be such shorter
time as may be determined by the City. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION
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_
10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, mud 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,national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand,request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid,first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed
as provided in this Section-
6 Revised:518108
507639.?
To City City of Palm Springs
Attention: City Manager&City Clerk
3200 E. Tahguitz Canyon Way
Palm Springs, California 92262
To Consultant: Mike Rentner, President and C.E.O.
NBS Government Finance Group
32605 Highway 79 South, Suite 100
Temecula,CA 92592
11.2 Integrated Agreement, This Agreement contains all of the agreen-rents of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement,which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authori . The persons executing this Agreement on behalf cf the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parries and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
507639.2 7 Po isad:518108
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: �111�4/ DD� B !:�- I
David ld. Ready
City Manager
NOT TO EXCEED $ ao,000. Initialed:_
APPROVE7S TO FORM. ATTEST _
Dou as C. Holland, 1 -aes Thompson,
City ttorney City Clerk
"CONSULTANT"
NBS Government Finance Group
Date: Lee By:
Mike Rentner, President
APPROVED BY CITY COUNCIL
g Revised:516108
5076371
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK PROPOSAL
Including,
i Schedule of Fees
I
And
Schedule of Performance
Attached and incorporated herein
9 Revised:5/8/0$
507639.E
NIRJS
Local GovernmerS Solullons
May 8,2009
Me.Sharon Ainsworth
Deputy City Treasurer
City of Palm Springs
3200 Tahquilz Canyon Way
Palm Springs, CA 92262
Subject: To provide 1915 Act District Administration Services and Related Services
for Current and Future Districts
Dear Ms.Ainsworth:
NOS would like to thank you for the opportunity to provide 1915 Act Administra0on and
Related Services for the City of Palm Springs('City')as referenced above. We look forward
to continuing our professional relationship.
Please find enclosed our executed Proposal outlining our services to the City of Palm Springs.
I
Scope of Services
11915 Act Assessment District Adminlstratlonj
Export Resource. First and foremost,NBS will act as the City's"export resoulne;and is
available to answer questions and advise the City on particular issues involving the Assessment
Districts,
Kick-Off Meeting,Project Schedule. NOS will meet with City staff,legal-counsel and other
Interested parties to:
Estabrish lines ofcommunication.
Clarify the specific project goals and criteria that will meet the City's preference.
Identity and resolve any special circumstances that may be involved in the adminishation of
the districts.
Develop project schedules to meet legal requirements and provide for effective fineraclion of
all involved parties. ,
Establish meeting Was Consistent with schedule to achieve project milestones.
Data Collection. NOS will gather and review data relevant to the administration of the districts-
Data will be obtained from various sources,including City records,Assessor's parcel maps,and
County Assessor information and establish a database for the assessment districts.
Policy Review, NOS will review polices and procedures that have been established by the
Agency for compliance with the governing documents and law. These policies will be
incorporated into our service to the City.
Cost Recovery. NOS will identify all costs associated with the administration of the Assessment
Districts and recover those costs through the levy process as outlined in§8682 and§8662A of
the California Streets and Highways Cade. These costs may include,but riot be limited to
Registrar/Transfer/Paying Agent fees,Arbitrage Rebate calculation fees,bank fees,and
expenses of the City and its consultants related to the administration of the districts.
Page 1
32605 Temecula Parkway,Su,lo 100 1 Temecula,CA 92592 Tel;951-296.1997 I Toll-lrco:900.678.7516 5=951.295.1888
i
Fund Analysis. NBS will determine the balance requirements and acquire the Current cash
balances for the districts. We will make recommendations to ensure that the flow of funds and
fund balances are in compliance with bond documents. Cash flow analysis will also be performed
to determine any levy shortfall or surplus.
Annual Assessment Levy- NBS will calculate the annual assessment levy for each parcel in
each of the districts and submit the amount for each parcel to the County in the format and
medium(i.e. tape,diskette)required by the County Auditor-Controller.
Resubmission or Rejects. NBS will research the status of any parcels rejected by the County
Auditor-Controller,and resubmit corrected data for collection on the County Tax Rolf. Any
parcels that are not accepted by the County for collection will be invoiced directly,with payment
directed to the City.
Maintaln Assessment District Data. NBS will annually track all parcel changes to ensure that
all changes are documented. Historical parcel change and assessment apportionment data will
be maintained by NBS.
Annual Report. N13S will provide a comprehensive Annual Report that will show a detail listing
of the amounts submitted to the levy or directly billed for collection,details of delinquent
assessments,fund analysis,paid off parcels and release of liens,all bond call activity,and
assessed valuation information.
Delinquency Monitoring.NBS will provide the City with a comprehensive list of delinquencies
after each installment becomes due, This report will show delinquency percentage as well as a
detailed list of each delinquent parcel.
Prepayment CalculatiordAmortiaatlon Schedule. NBS will provide assessment prepayment
calculations and amortization schedules to interested parties. The requester will pay the cost of
this service.however,there will be no charge to the City or property owners.
Bond Calls. NBS will prepare the spread of principal to be called within maturities for all bond
Calls and coordinate the call with the Paying Agent/Trustee.
Release of Liens. NBS will prepare all documents required to release the liens of parcels that
have prepaid the assessment.
Notice of Special Assessment NBS will provide a"Notice of Special Assessment"disclosure
notice to requesting parties as required by§53754 of the Government Cade of the State of
California. The fee of any Notice of Special Tax shall be paid by the party requesting the
disclosure notice.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City,other
interested parties and all property owners. Our staff will be available to answer questions
regarding the formation and ongoing collection of assessments for the districts. Bilingual staff Is
available for Spanish-speaking property owners.
County Assessor Reporting, NBS will work with the County Assessor to aid in complying with
the requirements of Revenue&Taxation Code 163. This includes providing data such as parcel
number,original assessment and current principal balance to the County Assessor.
Page 2
NIB IS
11915 Act Assessment District Closeout 5ervicesj
Perform a complete analysis of all funds for each Assessment District in accordance with the
Municipal Improvement Act of 1913 and the Improvement Act of 1915.
Prepare a detailed analysis report for each District projecting revenue and expenditures
resulting in a surplus amountt projected revenue may include but is not limited to investment
earnings and assessment levies. Projected expenditures may include but is not limited to
debt service payments,arbitrage rebate payments,administrative costs and project
maintenance costs.
Determine If arbitrage rebate calcuiafions have been performed and funds have been cleared
for disbursement by the City.
• Determine the best use of the surplus amount in accordance with applicable laws.
• Prepare a Certificate of Project Completion and Use of Funds for Project Maintenance letter
to be signed by the Public Works Director,if applicable.
• Prepare a City Council Resolution Declaring Surplus,Determining Use and Approving the
Analysis Report prepared under this scope of work.
• Prepare documents and coordinate the advanced maturity of bonds as required.
• Prepare a detailed report for the processing of refunds to property owners by the City.
• Review procedures with legal counsel and City staff as required.
• Prepare a detailed delinquency report and consider findings in the analysis of funds and
refunds.
• Coordinate the implementation of a policy for the collection of delinquencies and fimeline for
completion.
. NBS will coordinate a meeting with City staff to review the report and recommendations made.
i
ITax Roll Submittal Services for 1972 Act Landscaping and Lighting Distrlctsl
Data Gathering; Gather and review data pertinent to the Landscaping and lighting Maintenance
Districts. Data will be obtained from various sources such as the 2008109 Engineer's Reports,
assessor's parcel maps and county assessor information as determined to be necessary based
on the requirements of the methods of apportionment-
Quality Control: Perform cross-reference tests looking at the various data sources,land use
codes,and other pertinent information to verify the Assessment Roll in the Engineer's Reports.
Database: Create a database of all parcels within the districts and relevant levy information
based on the Assessment Rolls found in the Engineer's Reports,and as provided electronically
by the City.
County Submittal: Submit the levy to the County Auditor Controller In the required electronic
format. Levies rejected by the County Auditor Controller will be submitted to the City for further
research,update of the Assessment Roll and resubmitted for collection on the County Tax Roll.
Any parcels that are not submitted to the County for collection will be invoiced with payment to be
directed to the City.
Reporting: Provide a listing of parcels and levy amounts applied by the County for the districk
Parcel and levy data can be provided via a CD RCM,diskette or emailed electronic file.If desired.
jDelinquency Management)
NBS will develop a comprehensive delinquency management program which includes a
discussion and interpretation of the issuer's foreclosure covenant togetherwith a review of the
existing polices and procedures of the City.This service can be provided as part of overall
Page 3
Ps S
annual administration or as a stand-alone service. When deemed as the appropriate course of
action, NOS will perform the fallowing.
Delinquency Reports. NOS will provide the City with an updated list of delinquencies prior to
sending any of the below letters. This report will also detail each district's percentage of
delinquencies,as wall as a detailed list of each delinquent parcel.
Reminder Letter. At the City's direction,send a reminder letter to the property owner of each
delinquent parcel for the December loth installment. The purpose of the letter Is to Inform and
educate the property owner of their obligation to pay assessments.
Demand Letter.At the City's direction,send a demand letter to the property owner of each
delinquent parcel for the April 1 Oth installlment, This letter will be mailed to any property owner
who remains delinquent for both installments or who is delinquent for April 10th only. The
purpose of this letter is to further educate the property owner and advise them of a potential
foreclosure.
Foreclosure Letter.This type of letter is typically sent after the installments for a parcel have
been removed from the tax roll. The letter delineates what amount must be paid directly to the
City to forestall the turnover of documents to the foreclosure attorney.
Tax Roll Removal. NOS will provide the information required to remove parcels from the tax
roll and coordinate with the County Auditor Controller to verify the removal. This step is in
preparation of turning the parcels over for foreclosure_ Once removed from the tax roll,each
property owner will receive one final foreclosure letter indicating the amount due and payment
instructions.
Payment Plans. At the City's discrotion.NOS will offer payment plans to property owners in
lieu of turning parcels over to the City's foreclosure Counsel.
Subsequent Foreclosure Services. NOS will prepare and deliver all information to the City's
foreclosure counsel. We will also continue to supply the City's counsel with additional
information throughout the foreclosure process. We will continue to respond to property owner
and City staff phone calls regarding the status of all cases,and will coordinate and audit status
reports on a bi-monthly basis from the City'&foreclosure counsel.
Toll-Free Phone Number. NOS will provide a toll-free phone number for use by the City,other
interested parties and all property owners_ Our staff will be available to answer questions
regarding the formation and ongoing collection of assessmentslspecial taxes for the districts.
Bilingual staff is available for Spanish-speaking property owners.
jApportionmentsl
Parts 10 and 10.5 of the Sheets and Highways Code detail the methodology and procedure
that the City must follow in apportioning the assessment lien on parcels that are reconfigured
andfor subdivided. With our experience in district formation and the development of methods
of assessment,we are able to ensure that apportionments are properly performed.
Assuming proceeding under the preferred procedure of Part 10.5,NOS will perform the
following!
Application Farms. NOS will provide apportionment application forms and instructions to the
City's Engineering representative for Inclusion as a condition of approval for subdivision within
an assessment district
Segregation. NOS will apportion the special assessment according to the method of spread
as described in the engineer's report.
Notice of Apportionment. NBS will prepare a notice of apportionment and send it via certified
mail to the issuing underwriter,as required.
Assessment Diagram. NOS will prepare an amended assessment diagram and notice. The
diagram and notice will be filed and recorded with the County Recorder.
Page 4
Amortization Schedule.N13S will prepare an amortization schedule for each newly created
assessment type.
Apportionment Report. NBS will prepare and submit to the City an Apportionment Report
showing the finalized apportionment and the amended assessment diagram.
In the event proceedings are undertaken under Part 10,the following additronal Items are
required:
Resolutions. NBS will prepare the required resolutions to order the amended assessment,
the amended assessment diagram,notices to the property owner,and fix the amount of costs
to perform the apportionment-
Public Meetings. NBS will be available to attend any public meetings required to complete
the apportionment.
Fees
'1915 Act Administration Services-Current Districts,
0
A.D. 155 1916 US $1,773,OD
A.D. 157 1915 109 1,811.OD
A.D. 158 1915 28 1,500.00
A.D. 161 1915 308 2.635.00
A.D. 162 1915 95 2,635,00
A.D. 164 1915 196 2,635.00
Total Fee $12,989.00
jRevenuo and Taxation Code 1631
AnnualFee................... •.--.....---- - ............... ......................................................no charge
This information is part of the database used to calculate the annual levy. We routinely send this
information to the Counties.
Page 5
� IE3S
11915 Act Assessment District Closeout Swirviessl
Total for Assessment Districts No. 143,146 and 159.... ............................. ........$20,000
]Tax Roll Submittal Services for 1972 Act Landscaping and Lighting Districts)
FlatFee Per District........................................................................................... ....................$250
)Delinquency Management)
Reminder Letters ............ ------------------- ................ ..............$10
DemandLetters... ........................................ .......—..................................................16
Foreclosure ......---.....................................----......................30
Payment Plan Administration—.....................................................................----...................150
TaxRoll Removal.............--....... ........... .....--................................................... .............50
Subsequent Foreclosure Fees......---......................................................................::...............75 ...
Fiscal Year 20008109 Estimated Annual Fea6..............................._-._...............................$5,000
AU fees are based on a perparcallpar district basis
'This fee will be recovered as part of the next levy.
'"'This fee includes filing of"Notice of Intent to Remove Delinquent Installments"
but does not include County fees for removal from the tax roll.
"""This fee is per parcallper diStriCUPOF Year from the initiation Of the foreclosure.
""""this fee is based on an estimate of approximately 25 parcels undergoing foreclosure and
approximately 60 parcels being requiring delinquency management. Fees will W billed by NBS
to the City and recovered directly from the delinquent parcels,resulting in no net cost to the
City.
jApportionmentr]
Apportionments will be performed upon request and paid for by the property owners requesting
parcel subdivisions at our then current fee structure,as shown below. NBS will apportion the
assessment according to the original method of spread,prepare the amended assessment
diagram,and record the notice of apportionment and amended diagram per Parts 10 and 10,5
of the Streets and Highways Code.
Part 10.5
Apportionment Fee(Four parcels or loss):.... .............................................$950
Apportionment Fee(Five or more parcels):........ ............................... .....--.......$1.800
(plus$35 per parcel)
Recording Fete(each): --------------------...... .................---.....................$40
Part 10
Resolutions:........................-........................................... ......................................$300
Meeting Attendance:.....................................................---------------hourly,plus travel costs'
reasonable and customary travel costs,as needed
Page 6
E31 S
Fees-Additional Information
lExpenseal
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These
expenses may include,but not be limited to travel,postage,telephone, reproduction,meals
and various County charges for tapes,maps,and recording fees.
JAnnuai Fea Increacesl
Cost of living increases may be applied to the services listed above on October 1 each year,
beginning with October 1,2008. The COLA would be the actual cost of riving Increase,based
on the U.S.Department of Labor,Bureau of tabor Statistics,Consumer Price Index for all
urban consumers for the Southem California counties.
lAdditional Servlcesl
Following Is the current hourly rate. Additional services authorized by the City will be billed at
this rate or the then-applicable hourly rate.
gireotor •S190
Sonror-ConsultantiProqmmmer 150
Fs sneer 140
Consultant 130
Analyst 100
Clerical/Support 55
�Termsl
Administration services will be Invoiced quarterly at the beginning of each quarter. Expenses
will be itemized and Included in the next regular invoice. Fees for all other services will be
invoiced upon completion of the task, If the project is prematurely terminated by either party,
NBS shall receive payment for work completed.payment shall be made within 30 days of
submittal of an invoice. If payment is not received within 90 days simple interest will begin to
accrue at the rate of 1.5%per month. Either party can cancel contracts with 30 days written
notice.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBA Government Finance Group,
t7t3A NBS
Mike Rdiltrer
President and CEO Ak
Title Date
Page 7
� IS
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimw-n Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
507659.2 10 Revised:E18108
I
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days
written notice to City of any proposed cancellation. Cerlifcates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers_
A. Minimum Scope of Jnsurance. The minimum amount of insurance required
hereunder shall be as follows:
I
1_ Comprehensive general liability and personal injury with limits of at least
one million dollars($1,000,000.00) combined single limit coverage per occurrence;
2. A-lAelneblle-13a 1fty least eRe ,iillie a,Harr
($ nun nun nm per" — • *Waived.
J. Pre ssie....,1 liability (erfei,s .....A a as) "^era ui iva.i a of ati.
x na_a ley nun nun nm ..,. eer-.......Beef *Waived.
4, Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars Sl million per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
B. Errors and Omissions Coverage, If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail
insurance in the amount required by this Agreement to cover claims made within three years of
the completion of Consultant's services under this Agreement, or (2) to maintain professional
liability insurance coverage with the same carrier, or equivalent coverage with another company,
in the amount required by this .Agreement for at least three years after completion of
t Revised:518108
5076391
I
Consultant's services under this Agreement. Consultant shall also be required to provide
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M. Best's Key Rating o£B+, Class VII, or
better,unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall funiish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
F. SeyerabiliV of Interests (Separation of Insuredsl. This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
12 Revised:SIM5
507092