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HomeMy WebLinkAbout05491 - NBS GOVERNMENT FINANCE GROUP 1915 ACT ADMINISTRATION/RELATED SERVICES Page 1 of 2 Kathie Hart From: Kathie Hart Sent: April 10, 2009 11:47 AM To: Sharon Ainsworth Subject: RE: A5491�- NBS Government Finance Group - 1915 Act Assessment District Admin Services Tracking: Recipient Delivery Sharon Ainsworth Delivered: 04/10/09 11:47 AM Ok - thx. Since we have that one in place, T will close this one out. kw,1�11 Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 71!' (760) 323-8206 1 8 (760) 322-8332 Kath ie.Hart@ Palm5pri ngsCA.gov From: Sharon Ainsworth Sent: April 10, 2009 11:40 AM To: Kathie Hart Cc: Geoffrey Kiehl; Nancy Klukan; Suzanne Harrell; Jay Thompson Subject: RE: A5491 - NBS Government Finance Group - 1915 Act Assessment District Admin Services Kathie, The NBS contract was renewed and approved by City Council on 5/21/08, A5668. ��fizran Sharon V.Ainsworth, CCMT Deputy City Treasurer City of Paim Spnngs (760)323.8223 (760)322-8320 FAX Shemn.Amsworth@palmsprings-ce gov From: Geoffrey Kiehl Sent: Thursday, April 09, 2009 6:45 PM To: Sharon Ainsworth; Nancy Klukan; 'Suzanne Harrell' Subject: FIN: A5491 - NBS Government Finance Group - 1915 Act Assessment District Admin Services From: Kathie Hart Sent: Thursday, April 09, 2009 2:40 PM To: Geoffrey Kiehl 04/10/09 CONSULTING SERUCES AGREEMENT With NBS for 1915 Act Administrative District Administration Services THIS ACr EMENT FOR ONSULTING SERVICES (the "Agreement") is made and entered into this_day of_Arfrry_,%K07,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 a number of special assessment districts. R Consultant has submitted to City a proposal to provide District Administration Services for the following Assessment Districts: 155, 157, 158, 161, 162 and 164 to City 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. 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 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide 19I5 Act Assessment District Administration Services as described in the Scope of ServicesfWork 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. t Rinsed:210ef07 507639.2 0M 1NA L D0 AND/OR AGREEMENT 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. 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" (S15,500) and Exhibit "A-1" ($8,700) for a total amount that shall not exceed$24,200.00. 4 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 o£tbis Agreement. 2 RevInad:2/09l07 507639.2 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 8.5 of this Agreement,this Agreement shall continue in full force and effect commencing upon execution of this agreement for a period of no more than one (1) year, unless extended by mutual written agreement of the parties. S. 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: Greg Davidson, Director. 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 Assimment. 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 Reyisea 2/09W 507639.2 5.4 Todependent 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 tunes 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 Greg Davidson Director Danielle Wood Consulting Group Member David Schroeder Consulting Group Member 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. 4 Revised:2109167 507639.2 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 beep 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 fzee 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 frill 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 famished 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. g Revised:2WID7 5D7639.2 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 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 Aeainst 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. 6 Revised:9JO9107 50729-z To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palma Springs, California 92262 City of Palm Springs Attention: City Clerk 3200 E. Tahquitz Canyon Way Pahn Springs, California 92262 To Consultant: Mike Reutner, President NBS 32605 Highway 79 South, Suite 100 Temecula,CA 92592 11.2 InteVated 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 ATTACKED] 7 Revised:210 W 507639.2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY"' City of Palm Springs Date; l�Ue�'s David H.Ready APPROVED BY CITY MANAGER City Manager s01 ph 6-6•0 NOT TOEXCEEWS-2,'71e� Initi � APPROVED# TO FORM: ATTEST By: !�/ ( � By. Dougla . Holland, es Thompson, V City Attorney ity Clerk "CONSULTANT" NBS CDate: SG !¢ °7 By : Mike Reamer,President 8 Revlsed.2109107 50M9.2 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICESAVORK PROPOSAL Including, Schedule of Fees And Schedule of Performance Attached and incorporated herein 507639.2 9 Revised:M9107 NIBIS Local Govemrneryl Sokfo" May 9,2007 Ms.Sharon Ainsworth Deputy City Treasurer City of palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Agreement to Provide 1915 Act Administration and Related Services for City of Palm Springs Current Six Active Assessment districts(A.D, No.165,A. D.No.157,A.D. No.158,A.D. No.161,A.D. No. 162,and A.D.No.164) Dear Ms.Ainsworth: NBS would like to thank you for the opportunity to provide 1915 Act Administration and Related Services for the City of Palm Springs("City')for the assessment districts referenced above_ We look forward to continuing our professional relationship. Please find enclosed two(2)copies of our Executed Agreement. Upon signing,please return one copy to the undersigned and keep one copy for your records_ Scope of Services 11915 Act Assessment District Administration Servicesl Expert Resource. First and foremost, NBS will act as the City's"expert resource,"and is available to answer questions and advise the Clty on particular issues involving the Assessment DlStricts_ Kick-Off Meeting,Project Schedule. NBS will meet with Clly staff,legal counsel and other interested parties to: Establish lines of communication. Clarify the specific project goals and criteria that will meet the Citys 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. 32605 Highway 79 South,Suite 100 1 Temecula,CA 92M I Toll free:8Gp.676.7516 I Fax:951296.1998 Pagel 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§8652 and§8682.1 of the California Streets and Highways Code. These costs may include,but not be limited to ReglstranTransferlPaying 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. NOS 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 apportlonment 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 CalculationfAmortization 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 AgenYTrustee. Release of Liens. NBS will prepare all documents required to release the liens of parcels that have prepaid the assessment. i i 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. 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 Delinquency Managementl 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 on 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 Citys 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 Citys 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 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 tumover 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. Subsequent Foreclosure Services. NBS will prepare and deliver all information to the City's foreclosure counsel. We will also continue to supply the Citys 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. Toli-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/special taxes for the districts. Bilingual staff is available for Spanish-speaking property owners, lApportionmentsl 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: Page 3 Application Forms. NBS will provide apportionment application farms and instructions to the City's Engineering representative for inclusion as a condition of approval for subdivision within an 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 fallowing 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. 1 Public Meetings. NBS will be available to attend any public meetings required to complete the apportionment. D-FAST Online NBS has developed proprietary software, called D-FAST°for District Fees,Assessments, and Speclal Taxes- This software is a very powerful administrative tool,which we use in- house to administer your districts. It is also used by public agencies across the United States. D-FAST Online will give you"real-time"access to your districts and underlying parcel data,allowing you to: Answer questions in-house . Understand a particular parcel status within a district Confirm if there are overlapping districts on a single parcel Research other issues With this software,you and your staff have enhanced access to the data while NBS still provides the full administration and tall-free phone support. We have included a D-FAST Online screenshot attachment for your reference. A k Page 4 Fees 11915 Act Administration Services— (A.D.No.155,A.D.No.157,A.R.No.158, A.D.No. 161,A.R. No.162,and A.D.No.164) District Service Type Count Annual Fee A.D. 155 1915 183 $1,773.00 A.D. 157 1915 109 1,811.00 A.D. 158 1915 28 1,500.00 A.D- 161 1915 308 2,636.00 A.D, 162 1915 95 2,635-00 A.D. 164 1915 196 2,635-00 Total Fee $12,989.00 Prepayment Calculations(each)..........................................-------------------------------------...............$35 (Party requesting calculations shall pay) Notice of Special Assessment(per notice).............................................:.................----------,-------.-$10 (The fee of any Notice of Assessment shall be billed to the party requesting the disclosure form) (Revenue 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. (Delinquency Management) Reminder Letters................... DemandLetters............................. -- - -...........................• .- - •-........................................15 ForeclosureLetters.......................................... . . ----................................................................30 Payment Plan Administration.. .. .......................................................................................-------.150 TaxRoll Removal............................. •---------------................................---.-. ..-----------------50 Subsequent Foreclosure Fees..................... ' All fells 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 for removal from the tax roll. This fee is per parcellper distrioNper year from the initiation of the foreclosure. ]Apportionments[ Apportionments will be performed upon request and paid for by the requesting party 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. Page 5 NIBIS Part 10,5 Apportionment Fee(Four parcels or less):....... .................... ............................._$950 Apportionment Fee(Five or more parcels):........................................................... ......$1,800 (plus$36 per parcel) Recording Fee(each):.......................... ....................................................................... Part 10 Resolutions:.............---........ ...................--...........................................................---$300 Meeting Attendance;..... ....................................--..........................hourly,plus travel costs" reasonable and customary travel costs,as needed ID-FAST'Administration Software(Online)l AnnualFee---..............................-......-............. ------ --------------- ..................................$1,265 Fees-Additional Information (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, postage,telephone, reproduction, meals and various County charges for tapes,maps, and recording fees. JAnnual Fee Increasesi Cost of living increases may be applied to the services listed above on October I each year, beginning with October 1,2007 The COLA would be the actual cost of living increase, based an the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the Southern California counties, (Additional Services) The following table shows our current hourly rates- Additional services authorized by the City will be billed at this rate or the then applicable hourly rate. Title Hourly Rate Director $ 190 Senior Consultant(Prograrnmer 150 Engineer 7140 Consultant 130 Analyst 100 Clerical/Support 65 Expert Witness TSD,with minimum fee Page 6 ITermsi 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. NBS Government Finance Group, City of Palm Springs DBA NBS f Mike Rentner Name President and CEO 5-9-07 Title pate Title Date Page 7 N IS J,S EXHIBIT "A-193 Consultant shall provide professional District Apportionment/ Formation Services for new Assessment District 164 in an amount not to exceed $8,700. tQ RE Md:2JO9107 507639.2 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) ] Revlsedt 2109107 507639.2 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: I. 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. 4utem9lii�e lieHi ._,....,,,-aeee ...:ffi i fta fits e f at leaS4 . e ...ar.,.i dollars *Waived 3. sat Maived. 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 12 Pwlsod:2109f07 507639.2 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 iusurance 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. SeverabgM 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. 13 Rt 1N 1;2109107 5076392