HomeMy WebLinkAbout10/17/2012 - STAFF REPORTS - 2.R. >O�pALM5
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CITY COUNCIL STAFF REPORT
DATE: October 17, 2012 CONSENT CALENDAR
SUBJECT: APPROVAL OF CONTRACT WITH NBS GOVERNMENT FINANCE
GROUP FOR ASSESSMENT DISTRICT, LIGHTING & LANDSCAPE
MAINTENANCE DISTRICT, COMMUNITY FACILITIES DISTRICT, AND
COUNTY SERVICE AREA ADMINISTRATION SERVICES
FROM: David H. Ready, City Manager
BY: Department of Finance and Treasury
SUMMARY
NBS Government Finance Group (NBS) has been providing the City of Palm Springs
with Assessment District (AD) and Lighting & Landscape Maintenance Districts (LLMD)
administration services since 1997, and began providing Community Facilities District
(CFD) and County Services Area (CSA) administration services last year. The
proposed agreement would allow NBS to continue providing these services to the City.
The total expected costs (detailed under Fiscal Impact on page 2) will be paid for by the
individual districts. No General Fund monies will be used.
RECOMMENDATION:
1. Approve the Contract with NBS Government Finance Group, for Assessment
District, Lighting & Landscape Maintenance District, Community Facilities District,
and County Services Area administration services for a three-year term through
June 30, 2015, at annual costs not-to-exceed $49,000 in 2012-2013, $34,000 in
2013-2014, and $37,000 in 2014-2015, with two one-year renewal options with
not-to-exceed amounts of$39,000 in 2015-2016 and $41,000 in 2016-2017.
2. Authorize the City Manager to execute all necessary documents in a form
approved by the City Attorney.
STAFF ANALYSIS:
The City currently has 5 AD's, 9 LLMD's, 2 CFD's, and 1 CSA. NBS will perform
administration services for these districts in accordance with the Scope of Services as
per their Proposal. The administration of the districts includes a variety of services
related to the reporting of assessment information to the County of Riverside Assessor's
Office, researching levy rejects, providing delinquency management services, closeout
services, and detailed audits of individual districts. NBS has the experience and
expertise to complete these duties that our City staff is not adequately staffed, trained,
or equipped to perform.
882153.1
ITEM NO.
City Council Staff Report
October 17, 2012-- Page 2
Approval of NBS Contract
Section 7.04.030 of the Palm Springs Municipal Code provides that the City Council
may authorize the acquisition of supplies, equipment or services without competition
when it is determined that an unusual or unique situation exists, in that due to
experience and expertise demonstrated in prior contracts with the City a particular
contractor is uniquely qualified for a particular task, that makes the application of all
requirements of competitive sealed bidding or competitive sealed proposals contrary to
the public interest. Pursuant to the requirements of Section 7.04.030, the Procurement
Manager and the Director of Finance have determined that the prior contract
performance and special expertise of NBS for district administration services is
acceptable and will adequately protect the public interest in that the total cost of the
services to be provided will likely be equal to or less than what could be obtained
through an independent City competitive process at this time.
The agreement is for an initial term of three years, with two one-year renewal options.
Either party may cancel the agreement at any time by providing 30 days written notice.
FISCAL IMPACT:
The fees and maximums for anticipated services for the 2012-2013 through 2016-2017
fiscal years are as follows:
Option for Option for
NBS Contract Extension Fees: 2012-2013 2013-2014 2014.2015 2015.2016 2016.2017
Assessment District Administration(1) $9,450 $9,734 $10,026 $10,326 $10,636
Community Facilities District Administration(1,2) 7,271 10,218 12,307 14,369 16,431
Tax Data Submittal to Riverside County 0 0 0 0 0
Landscape&Lighting District Tax Rolls(1) 2,250 2,318 2,387 2,459 2,532
AD 157 and 158 Closeout Services(one-time) 3,500 0 0 0 0
Delinquency Management Services 4,000 4,000 4,000 4,000 4,000
Audit of CFDs 2005-1 &2007-1 (one-time) 18,500 0 0 0 0
Research and Resubmit CSA 152 Levy Rejects(1) 2,500 2,575 2,652 2,732 2,814
Miscellaneous Projects I New Districts 0 2,000 2,000 2,000 2,000
Miscellaneous Expenses 1,200 1,200 1,200 1,200 1,200
Total NBS Contract Extension Fees $48,671 $32,044 $34,571 $37,086 $39,613
Maximum Cap on All Annual Fees $49,000 $34,000 $37,000 $39,000 $41,000
(1)Assumes maximum 3%COLA in 2013-2014 thru 2016-2017,though the actual COLA may be less based upon Bureau of Labor Statistics.
(2)Fee estimates assume a moderate growth in CFD parcel counts in 2013-2014 through 2016-2017.
Total 2011-2012 costs were $35,857. The estimated costs for fiscal year 2012-2013
include $22,000 in one-time costs for CFD audits ($18,500) and AD closeouts ($3,500).
All fees will be paid for out of the individual districts, and no General Fund monies will
be used. Annual COLA increases for certain services in 2013-2014 thru 2016-2017 will
be at the lesser of 3% or the actual cost of living increase, based upon the U.S.
Department of Labor, Bureau of Labor Statistics CPI-U for LA - Riverside - Orange.
The $49,000 in maximum 2012-2013 costs are budgeted for in the following accounts:
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882153.1
City Council Staff Report
October 17, 2012 -- Page 3
Approval of NBS Contract
$4,000 in 325-7871-43200; $4,000 in 326-7874-43200; and $4,000 in 327-7875-43200;
$20,000 in 140-3026-43200; $10,000 in 140-3526-43200; $3,000 in 141-4310-43XXX;
$5,000 in 324-7870-43200; $4,000 in 124-4242-43200. The budget in these accounts
for future years will be adjusted as appropriate.
Geoffrey S. K1ehl, Director of Finance Douglas Holland, City Attorney
David H. Ready, Cit ger
Attachments:
Contract Services Agreement
NBS Agreement Proposal
03
882153.1
CONSULTING SERVICES AGREEMENT
District Administration, Tax Roll Billing and Related Services
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on , 2012, by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"), and NBS Government Finance Group (dba
NBS), ("Consultant'). City and Consultant are individually referred to as "Party" and are
collectively referred to as the"Parties".
RECITALS
A. City requires the services of a professional consultant to provide District
Administration, Tax Roll Billing and Related Services ("Project').
B. Consultant has submitted to City a proposal to provide District Administration,
Tax Roll Billing and Related Services, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scone of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide District Administration, Tax Roll Billing and Related
Services, services to City as described in the Scope of Services/Work attached to this Agreement
as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" 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
consistent with prevailing industry standards. In the event of any inconsistency between the
terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the
terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders, rules, and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by taw for the performance of the services
required by this Agreement.
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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. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit "A". The total amount of Compensation shall not exceed $49,000 for FY 12-13;
$34,000 for FY 13-14; $37,000 for FY 14-15; $39,000 for FY 15-16 and$41,000 for FY 16-17.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for
authorized services performed. City shall pay Consultant for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Consultant's invoice.
3.3 Chanties. In the event any change or changes in the Scope of Services/Work is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work,when required by the enactment or revision of any subsequent law; or
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 by the City Council of City for each fiscal year. 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.
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4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
j earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Consultant notification, the Contract Officer shall investigate
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. 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 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of three fiscal
years (FY 12-13 thru FY 14-15) with two one-year renewal options for FY 15-16 and FY 16-17,
unless extended by mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. 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 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 after such notice. Consultant may
terminate this Agreement, with or without cause,upon thirty(30)days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant ,is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Mike Rentner, President
and CEO. 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 under this Agreement. 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 ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
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720599.1 06
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City 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 any services required under this
Agreement without the Citys express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
i written approval of City.
5A 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, except as otherwise specified. Consultant shall perform all required
services 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 in this Agreement. 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:
Dave Ketcham Client Services Director
David Schroeder Project Manager
Jason Roth Analyst
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 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
720599.1 4 - Reviud:6/16/10 07
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, that arise out of or relate to Consultant's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole
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
under this Agreement. Consultant's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
720599.1 $ Revised:6/16110 08
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8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. 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. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. 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. Consultant may retain copies
of such documents for Consultant's own use. Consultant shall have an unrestricted right to use
the concepts embodied in such documents.
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. Consultant 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 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 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
720599.1 6 Revised:6/16/10 09
9.3 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. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 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. 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.
9.5 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.
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 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant wan-ants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin,or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
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. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
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To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: NBS Government Finance Group
DBA NBS
Attention: Mike Rentner, President/CEO
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. 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.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement,by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
720599.1 8 Revised:6/16/10
9
! IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
I
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
"CONSULTANT"
NBS Government Finance Group( dba NBS)
Date: By :
Mike Rentner
President
Date:
(name)
(secretary)
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720599.1 - 1 4
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CALIFORNIA ALLwPURPOSE ACKNOWLEDGMENT
State of California 1
County of 15
On before me,
Oab ,e Yuttn Wme d mr
personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
helshelthey executed the same in hislher/ttleir authorized
capeciVies),and that by t»sRtmltheir signaVe(s)on the
instrument the person(s), or fire entity upon behalf of
which the person(s)acted,executed the Instrument
I certify under PENALTY OF PERJURY under the laws
of the State of Caiffornia that the foregoing paragraph is
true and correct,
WITNESS my hand and official seal..
Signature
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Description of Attached Document
Tide or7ypeof Dooumem:
Document Date: Number of Pages: _
Signer(s)Other Than Named Above:
Capaony(les)Claimed by Signer(&)
Signers Name: Signer's Name:
❑ individual ❑Individual
Corporate Offoer—Titie(s): ❑Corporate Officer—Tdle(s):
❑ Partner—O Umited ❑General ❑Partner—❑Limited ❑General
• Attorney in Fact ❑Attorney in Fact
❑ Trustee Tw d tmt mm ❑Trustee Top of o-ur:b here
EI Guardian or Conservalor. ❑Guardian or Conservator
❑ Other. ❑Other:
__.. __.Signer Is Representing: - - Signer is Representing:
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Revised:6/16/10
720599.1 14
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Temecula,CA52592
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September 21,2012
Mr. Geoffrey S. Kiehl ,
Director of Finance and Treasurer
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs,CA 92262
Subject: Proposal to Provide District Administration,Tax Roll Billing and Related
Services
Dear Mr. Kiehl:
NBS would like to thank you for the opportunity to continue providing 1915 Act Assessment District and
Community Facilities 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 Proposal outlining our scope of services and fees for the City of Palm Springs.
NBS PROFILE
NBS is a special purpose firm providing the exact types of services required by the City. NBS provides
Special Financing District (SFD) consulting and administration services. These practices focus on the
formation and ongoing administration of Community Facilities Districts (CFDs), Landscape Maintenance,
Districts(LMDs), Assessment Districts(ADS), Business Improvement Districts(BIDS), property-related fee
districts, and special parcel tax districts. Ongoing administration services include tasks such as cost
recovery,fund analysis/budget preparation,tax roll preparation,and telephone/email support.
In addition to the annual administration, NBS is also responsible for the formation of SFDs which have
funded a wide range of public improvements and services. Unlike all of our competitors,we provide these
services exclusively for local governmental agencies. NBS has been providing these services across
California since its inception.
For 15 years, NBS has assisted these agencies with specific public finance tasks and engineering
projects related to the use of SFDs, which include special assessment and special tax districts. This is'
the primary focus at NBS, and we are committed to providing on-going administration, assessment
engineering,and other related services.
helping communities fund tomorrow`
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From a public agency's perspective,we believe the following four points are the most important qualities
of NBS:
1. Differentiation—The unique qualities of NBS include:
• Working solely for local public agencies,without the inherent conflict of interest
Development of D-FAST software,which incorporates the latest in technology for
administration efficiency
Focus on the needs of local agencies who use SFDs
2. Benefits- By using NBS,a public agency gets:
• Quality of work and attention to detail
• High level of service
• Real stewardship, offering solutions that make sense for the public
• Value and reasonable fees
3. Base Infrastructure and Systems—The backbone of NBS includes:
• Robust information and data technology systems
Quality control systems to ensure accuracy
• An emergency preparedness and business back-up plan
• Options for enhanced data availability via D-FAST proprietary software
4. Strong Track Record: Most importantly, NBS has a proven track record of delivering services on
time,as demonstrated by:
Continuous growth of client base
• High client retention rate
• Strong client references
Company Literature
Navigating the laws, codes and regulations affecting local governments requires a guidebook. And so
we wrote one, coining new industry phrases and capturing definitions that have become a ready
resource for local government professionals. The NBS Special Financing Districts (SFD) primer,
available online at the following URL link: htto://www.nbsoov.com/expertise/publications has been
credited as the best publication on SFD's in a decade by prominent industry professionals.
NBS University—Continuing Education
Every year NBS keeps things fresh by sponsoring content-rich workshops that bring
industry insiders together to learn, share ideas and meet with their peers. Our topics
qualify for continuing education (CE) units for the California Board of Accountancy.
This year's seminar theme is"Extreme Revenue Makeover". The Southern California
workshop was most recently held in Rancho Cucamonga, California on May 24,2012. NBS
For more information,you can visit www.nbsgov.com/nbs-workshops. UNIVERSITY
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STAFF QUALIFICATIONS
NBS is staffed with seasoned experts who are dedicated to providing our clients with the best possible
results. The NBS staff is fully conversant with all changes to laws,codes,and regulations affecting local
governments. Recognized as leaders in their field, they are often asked to teach continuing education
courses, serve as expert witnesses, and participate in workouts for troubled agencies. In addition, NBS
staff works with our clients as partners by developing an intimate knowledge of their needs and
responding with strategic and timely solutions. NBS certifies that the following individuals have the
ability to perform the work for the City of Palm Springs:
DAVE KETCHAM,CLIENT SERVICES DIRECTOR
Responsibilities: Mr. Ketcham will be responsible for obligating NBS to all commitments, schedule,
and pricing for the project. He will ensure that the City's fundamental objectives are being met at all
times.
Experience: Dave Ketcham is a Director at NBS. He possesses over 15 years of experience in public
finance and management. Dave provides consulting around the country to agencies with Special
Financing Districts (SFDs), including those that are in default or that face other unique issues. Dave
also directs the design and implementation of the D-FAST software, which is being used to manage
special assessments on over 2 million parcels throughout the United States.
DAVID SCHROEDER, PROJECT MANAGER
Responsibilities: Mr. Schroeder will work closely with the City's designated project manager to monitor
the project schedule and delivery of work products to the City's satisfaction. He will serve as an
additional primary contact for City staff and will provide senior-level technical analysis as warranted
throughout the project.
Experience: David Schroeder is a Manager at NBS where he and his staff administer special
financing districts including Property-Based Business Improvement Districts, 1 91 311 91 5 Act
Assessment Districts, Mello-Roos Community Facilities Districts and Landscape and Lighting Districts.
David has experience working with all aspects of special district administration including continuing
disclosure and delinquency management. He is actively involved in the daily administration of district
administration operations.
JASON ROTH,ANALYST
Responsibilities: Under the direction of the Project Manager, Mr. Roth will serve as the primary point of
contact for City staff. Mr. Roth will perform all day-today activities related to the project.
Experience: Jason Roth is a Financial Analyst at NBS, where his daily responsibilities focus around the
ongoing administration of over 40 special assessmentitax districts within the state of California. His
administration functions include calculation of annual levies, analysis of district finances, calculation of
redemption of bonds from prepayments, bond tenders, apportionment of liens and annual report
preparation. In addition, he plays an active role in creating and maintaining effective delinquency
management policies, ensuring that continuing disclosure requirements and arbitrage rebate obligations
are met. Jason deals with County agents including the Auditor Controller's Office, Treasurer Tax
Collector, and County Assessor's Office. He understands county timetables and requirements for
transmittal and processing of data critical to the successful administration of special districts. Jason offers
assistance to district property owners and provides explanations of bond covenants and government code
in a manner understandable to professionals and the lay person.
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REFERENCES
The following are recent similar project descriptions of work performed in the last three (3) calendar
years:
The CITY OF CHULA VISTA utilizes special tax Community Facilities Districts, Landscape Maintenance
Districts, 1913/1915 type Assessment Districts and Open Space Assessment Districts to fund
infrastructure and maintenance projects citywide. The City currently has 56 districts (34 of them
Landscape Maintenance Districts) representing over 28,000 parcels. New districts continue to be
formed,and development continues.
In 2005, the City conducted an RFP (Request for Proposal) process and selected NBS to replace the
incumbent administration firms. Prior to this point, the City had a number of firms Involved in the
administration and was unhappy with the level of service and the system overall. The City conducted
another RFP process in 2010 and retained NBS as the City's consultant. The full range of administration
services includes handling the day-to-day management, data maintenance and updates, preparing and
disseminating Continuing Disclosure Reports, performing Apportionments of assessment district liens,
responding to payoff calculation and other informational requests, monitoring and following up on
delinquencies, submitting the correct levy information to the County, etc. NBS has also installed its
proprietary software, D-FAST Online, at the City for enhanced access. This cutting edge solution allows
the City access to their data but allows for expert outsourced administration.
Contact.
Eric Adachi, Special District Accountant
276 Fourth Avenue, MS E-100
Chula Vista, CA 91910
(P)619.476.5376
(E)eadachi@ci.chula-vista.ca.us
The CITY OF LONG BEACH in Los Angeles County utilizes a number of special financing districts.
Since 2002, NBS has been the City's trusted administrator performing annual ongoing services related
to the City's 1915 Act Assessment Districts, Benefit Improvement Districts, and Community Facilities
Districts totaling over 3,000 parcels. Annual services include data collection, policy review, cost
recovery, cash and equivalents analysis, fund analysis, levy calculation and submittal, resubmission of
rejects, annual reports, prepayment calculation/amortization schedule, bond calls, release of liens,
notice of special assessment, and a toll free number for property owners and third party inquiries. NBS
also provides County Assessor Reporting to aid in complying with the requirements of Revenue and
Taxation Code 163.
For the 2011/12 fiscal year, NBS placed a combined $3.94 million on the Los Angeles County property
tax roll,for the City's districts.
Contact.
David Nakamoto,Treasurer
333 West Ocean Blvd.,6"'Floor
Long Beach, CA 90802
(P)562.570.6845
(E)david.nakamoto@longbeach.gov
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The CITY OF SAN JACINTO in Riverside County utilizes a number of special financing districts to
support Infrastructure and services. NBS provides formation, administration and support services to the
City for numerous assessment and special tax, Community Facilities Districts (CFDs). NBS also
administers the City's 1972 Act Landscape&Lighting Districts, including over 65 zones used mainly for
maintenance of the City's many neighborhood parks. NBS has been instrumental in helping the City
tackle delinquency issues.This includes performing delinquency data analysis for 1915 Act assessment
districts with high delinquency rates and/or defaulted bonds for which workout plans were prepared.
NBS has participated with legal counsel in preparation of judicial foreclosure cases and analysis of bond
tender programs used in foreclosure workouts. In addition to administration services, NBS also assists
the City in the formation of various Special Financing Districts.
Contacts:
Tom Prill, Acting Finance Director
City of San Jacinto
595 S. San Jacinto Avenue, Building B
San Jacinto, CA 92583
(P)951.537.6352
(E)tprill@sanjacintoca.us
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.
Policy Review. NBS will review policies 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 orsurplus.
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I 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 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 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.
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.
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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.
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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.
Community Facilities 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 Community Facilities District.
Data Collection. NBS will gather and review data pertinent to the administration of the Community
Facilities District. Data will be obtained from various sources such as assessor's parcel maps, building
permits and county assessor information as determined to be necessary based on the requirements of
the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all
parcels within the districts and relevant parcel information.
Administrative Cost Recovery. NBS will identify all costs associated with the administration of the
Community Facilities District and recover those costs through the levy process as outlined in§53317(e)
and§53340 of the Government Code of the State of California. Such costs may include, but are not be
limited to: bank fees, legal fees, county tax collection fees, and all costs and expenses of the public
agency and its consultants related to district administration.
Cash Flow Analysis. NBS will determine the cash flow requirement, acquire current fund balances and
make recommendations to keep the flow of funds and fund balances in compliance with the bond
documents. Fund transfers might include the transfer of available surplus funds to be used as levy
credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes.
Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.
Special Tax Requirement. NBS will calculate the annual Special Tax Requirement that will include all
necessary components as outlined in the Rate and Method of Apportionment, such as principal and
Interest due, administrative expenses, collection for direct financing of services or facilities, and a fund
credit or replenishment as determined from analysis of the district funds.
Levy Calculation. NBS will calculate the annual special tax levy for each parcel within the Community
Facilities District following the guidelines established in the Rate and Method of Apportionment
Meeting Attendance. NBS will attend district related Council/Board meetings related to district
administration,as requested by the City.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required format and
medium (i.e. e-mail, diskette). Special Taxes rejected by the County Auditor Controller will be
researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted
to the County for collection will be invoiced directly to the parcel owner, with payment submitted to the
__....___--.. _..public agency.
Special Tax Levy Report. NBS will provide an annual Special Tax Levy Report. This report will
include a parcel listing with levy amounts and other parcel information, the details of the annual Special
Tax Requirement, current delinquency information, fund analysis, administrative expenses to be
recovered,status of the project and current issues affecting the districts.
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Delinquency Monitoring. NBS will provide a comprehensive list of delinquencies after each special
tax installment becomes due. The delinquency report will provide the district's overall delinquency
percentage as well as a detailed list of each delinquent parcel, with the name and address of the
delinquent parcel owner,the delinquent amount and penalties.
Prepayment Calculations. NBS will provide special tax prepayment calculations to interested parties.
The party requesting the calculation shall pay the fee of any prepayment calculation.
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 special tax.
CDIAC Reporting. NBS will perform all necessary reporting to the California Debt and Investment
Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the
State of California.
Notice of Special Tax Disclosure. NBS will provide Notice of Special Tax Disclosure notices to
requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure
form.
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
districts and ongoing collection of the special tax, Bilingual staff is available for Spanish-speaking
- property owners.
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 policies 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 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. 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.
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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 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 fors 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.
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OPTIONAL SERVICES
These services will not be performed unless formally requested by the City.
Audit of Community Facilities Districts 2005-1 & 2007.1
Per the City's request, during FY 2012/13 NBS will perform an audit of Community Facilities Districts
i 2005-1 &2007 due to concerns over potential parcel classification &development status discrepancies
identified by NBS during our review of the data provided by the former administrator.
Boundary Review. NBS will research and audit each boundary map (including annexation boundary
maps),to identify any parcels missing from each CFD.
Building Permit Collection. NBS will travel to City to collect building permits for all properties within
each CFD to ensure all properties are being taxed pursuant to each CFD's Rate and Method of
Apportionment.
Building Permit Review. NBS will review each permit and compare it to the information on file for each
parcel within each CFD. NBS will research and reconcile any the discrepancies.
Findings Report. NBS will document all discrepancies found as a result of the audit for review and
approval by the City. The Findings Report will also include detailed information for all parcels as
available.
Corrective Measures. NBS will implement all approved corrective measures in each CFD's parcel
database and ensure that these changes are reflected in future special tax levies beginning with the
2013/14 fiscal year.
Research and Resubmit CSA 152 Levy rejects
Research Levy Submittal Rejects. NBS will research the GSA 152 charges that are initially rejected
by the County Auditor Controller as provided to the City by the GSA 152 administrator. The new parcels
will be identified and a resubmittal file will be prepared.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required format and
medium(i.e.e-mail,diskette).
FEES
The total fees and expenses for the services and projects that are currently defined for each Fiscal Year
will not exceed the following amounts(future years include projected moderate growth in CFD parcel
counts, as-needed projects, and cost of living increases as defined below):
FY 2012113: $49,000 (includes one-time AD Closeouts and CFD audits)
FY 2013114: $34,000
FY 2014115: $37,000
FY 2015116: $39,000
FY 2016/17: $41,000
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1915 Act Assessment District Administration
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District
AD 161 308 $3,150
AD 162 95 3,150
AD 164 196 3,150
Total Annual Fee $9,450
Community Facilities District Administration
District
CFD 2005-1 $4,000 1,257 $1/parcel $5,257
CFD 2007-1 2,000 14 $1/parcel 2,014
Total Annual Fee $6,000 $7,271
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
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#10 Zone 2 1972 LLD Tax Roll Billing 196 250
SLMD# 12 1972 LLD Tax Roll Billing 11 250
Total Base Fee $2,250
Assessment District Construction Fund Closeout Services
Total for Assessment Districts No. 157 and 158...............................................................................$3,500
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Delinquency Management
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ReminderLetters(1)..............................................................................................................................$15
DemandLetters(1)..................................................................................................................................30
LienholderLetters(1,2)...........................................................................................................................40
jForeclosure Letters..................................................................................................................................50
PaymentPlan Administration.................................................................................................................150
TaxRoll Removal(3,4)...........................................................................................................................75
Noticeof Intent Removal (4)....................................................................................................................25
Subsequent Foreclosure Fees(4) .........................................................................................................100
All fees are based on a per parceklper 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$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 districttper year from the initiation of the foreclosure.
LienholderResearch.........................................................................................................................Hourly
Annual Allowance for Delinquency Management Fees Shown Above...........................................$4,000*
* 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.
OPTIONAL SERVICES
These services will not be performed unless formally requested by the City.
Audit of Community Facilities Districts 2005-1 &2007-1
Audit fee includes NBS to collect building permits onsite...............................................................$18,500
Research and Resubmit CSA 152 Levy rejects
Research and Resubmit CSA 152 Levy rejects................................................................................$2,500
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......................... .............................................................................$1,200
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Annual Fee Increases
Cost of living increases may be applied to the services listed above on October 1 each year, beginning
with October 1, 2013. 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
{ Los Angeles-Riverside-Orange County area, not to exceed 3%annually.
Additional Services
i
The following table shows our current hourly rates. Additional services authorized by the City but not
included in the currently defined scope of services and projects 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
-4 DNB - Page 13
27
6
Terms
i
This proposal is for a three year term, with two one-year extensions as long as it Is agreeable to the
City. 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.
Schedule of Performance
See Appendix"A"for the anticipated Schedule of Performance for the 1915 Act Assessment District
and Community Facilities District Administration services.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NIBS Government Finance Group,
DBA NBSS
Mike Rentner
President and CEO 9/21/2012
Title Date
NBS - Page 14
28
i
Appendix "A"
Schedule of Performance for 1915 Act Assessment District and
Community Facilities District Administration Services
I
Performed
Cate o Action By Date
Building Permit Data City Staff provides building permit data City July 1
for Community Facilities Districts
Cost Recovery Worksheet NBS prepares and delivers the annual NBS July 5
Cost Recovery Worksheet to the City
City Staff reviews the Cost Recovery
Cost Recovery Worksheet Worksheet,provides amounts to be City July is
recovered,fund balances,signs,and
returns the worksheet
NBS will calculate the annual
assessment and special tax levy for
each parcel in each of the Districts
Annual Assessment Levy and submit the amount for each parcel NBS August 10
to the County in the format and
medium(i.e.tape,disk,email)
required by the County Auditor-
. Controller.
NBS will research the status of any
pamels rejected by the County
Auditor-Controller,and resubmit
Resubmission or Rejects corrected data for collection on the NBS Middle of August
County Tax Roll.Any parcels that are
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
percentage as wall 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 l Oth installment. The NBS - January
purpose of the letter is to Inform and
educate the property owner of their
obligation to pay assessments. -
N BS Page 75 29
Performed
Category Action By Date
At the City's direction,send a demand
letter to the property owner of each
delinquent parcel for the April 101h
installment. This letter will be mailed
Demand Letter to any properly owner who remains NBS May
Assessment District delinquent for both installments or who
is delinquent for April I Oth 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
Foreclosure Letter been removed from the tax roll. The
Assessment District letter delineates what amount must be NBS When Required
paid directly to the City to forestall the
turnover of documents to the
foreclosure attomey.
NBS will provide the information
required to remove parcels from the
tax roll and coordinate with the County
Auditor Controller to verify the
Tax Roll Removal removal. This step is in preparation of NBS and
Assessment District turning the parcels over for County When Required
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 NBS When Required
Assessment District lieu of turning parcels over to the
City'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
Subsequent Foreclosure additional information throughout the
Services foreclosure process. We will continue NBS When Required
Assessment District 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 tailed within matudlies NBS and. September and March
Assessment District for all bond wile and coordinate the Trustee When Required
call with the Paying Agent/Trustee.
Release of Liens NBS will prepare all documents
Assessment District required to release the[lens of parcels NBS When Required that have prepaid the assessment.
NBS will apportionment services to
Apportionments ensure the assessment lien is
Assessment District apportioned to any parcel that NBS When Required
reconfigures.
t3 001W. - Page 16
30
i
Performed
Category Action B Date
NBS will perform an analysis of all
Construction Fund remaining funds to determine their
Closeout appropriate disposition in accordance NBS October
Assessment District 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 answerqueslions regarding the NBS All Year
formation and ongoing collection of
assessments and special taxes for the
Districts.Bilingual staff is available for
Spanish-speaking property owners.
NB Page 17
31
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)
12 - ReAs d:611 Gil
_7205".1 32
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain 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 procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of 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 extensions. Such insurance shall not be cancelable
without thirty(30) days advance 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.
2. Minimum Scope of Insurance. The minimum amount of insurance required
under this Agreement 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 and two
million dollars($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00)per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
required
is not required;
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. If Consultant has no employees, Consultant shalt complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the 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
13 aevaed:W6110
7205.".1 33
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and 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 in
the amount required by this Agreement for at least three years after completion of 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.
5. Sufficiency of Insurers. Insurance required in this Agreement 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.
6. 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.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all
workperformed with the City"maybe included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or ' or any
and all workperformed with the City"may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
14 Revised:6/16/10 720599.1 34
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
i
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or(2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. 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.
720599.1 _ 15 Revised:6/16/10 35
Q N BS
32605 Temecula Parkway,Suite 100
Temecula,CA 92592
Toll free:800.676.7516 (P)951.296.1997
(f)951.296.1998 7)'
nbsgov.com
September 21, 2012
Mr. Geoffrey S. Kiehl
Director of Finance and Treasurer
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Proposal to Provide District Administration,Tax Roll Billing and Related
Services
Dear Mr. Kiehl:
NBS would like to thank you for the opportunity to continue providing 1915 Act Assessment District and
Community Facilities 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 Proposal outlining our scope of services and fees for the City of Palm Springs.
NBS PROFILE
NBS is a special purpose firm providing the exact types of services required by the City. NBS provides
Special Financing District (SFD) consulting and administration services. These practices focus on the
formation and ongoing administration of Community Facilities Districts (CFDs), Landscape Maintenance
Districts (LMDs), Assessment Districts (ADs), Business Improvement Districts(BIDs), property-related fee
districts, and special parcel tax districts. Ongoing administration services include tasks such as cost
recovery, fund analysis/budget preparation, tax roll preparation, and telephone/email support.
In addition to the annual administration, NBS is also responsible for the formation of SFDs which have
funded a wide range of public improvements and services. Unlike all of our competitors, we provide these
services exclusively for local governmental agencies. NBS has been providing these services across
California since its inception.
For 15 years, NBS has assisted these agencies with specific public finance tasks and engineering
projects related to the use of SFDs, which include special assessment and special tax districts. This is
the primary focus at NBS, and we are committed to providing on-going administration, assessment
engineering, and other related services.
helping communities fund tomoffow 36
From a public agency's perspective, we believe the following four points are the most important qualities
of NBS:
1. Differentiation—The unique qualities of NBS include:
Working solely for local public agencies, without the inherent conflict of interest
Development of D-FAST software,which incorporates the latest in technology for
administration efficiency
Focus on the needs of local agencies who use SFDs
2. Benefits- By using NBS, a public agency gets:
• Quality of work and attention to detail
High level of service
Real stewardship, offering solutions that make sense for the public
Value and reasonable fees
3. Base Infrastructure and Systems—The backbone of NBS includes:
Robust information and data technology systems
• Quality control systems to ensure accuracy
An emergency preparedness and business back-up plan
• Options for enhanced data availability via D-FAST proprietary software
4. Strong Track Record: Most importantly, NBS has a proven track record of delivering services on
time, as demonstrated by:
Continuous growth of client base
High client retention rate
Strong client references
Company Literature
Navigating the laws, codes and regulations affecting local governments requires a guidebook. And so
we wrote one, coining new industry phrases and capturing definitions that have become a ready
resource for local government professionals. The NBS Special Financing Districts (SFD) primer,
available online at the following URL link: http://www.nbsgov.com/expertise/publications has been
credited as the best publication on SFD's in a decade by prominent industry professionals.
NBS University—Continuing Education
Every year NBS keeps things fresh by sponsoring content-rich workshops that bring
industry insiders together to learn, share ideas and meet with their peers. Our topics
qualify for continuing education (CE) units for the California Board of Accountancy.
This year's seminar theme is "Extreme Revenue Makeover". The Southern California
workshop was most recently held in Rancho Cucamonga, California on May 24, 2012. NBS
For more information, you can visit www.nbsgov.com/nbs-workshops. UNIVERSITY
4 I NBS Page 2
37
STAFF QUALIFICATIONS
NBS is staffed with seasoned experts who are dedicated to providing our clients with the best possible
results. The NBS staff is fully conversant with all changes to laws, codes, and regulations affecting local
governments. Recognized as leaders in their field, they are often asked to teach continuing education
courses, serve as expert witnesses, and participate in workouts for troubled agencies. In addition, NBS
staff works with our clients as partners by developing an intimate knowledge of their needs and
responding with strategic and timely solutions. NBS certifies that the following individuals have the
ability to perform the work for the City of Palm Springs:
DAVE KETCHAM, CLIENT SERVICES DIRECTOR
Responsibilities: Mr. Ketcham will be responsible for obligating NBS to all commitments, schedule,
and pricing for the project. He will ensure that the City's fundamental objectives are being met at all
times.
Experience: Dave Ketcham is a Director at NBS. He possesses over 15 years of experience in public
finance and management. Dave provides consulting around the country to agencies with Special
Financing Districts (SFDs), including those that are in default or that face other unique issues. Dave
also directs the design and implementation of the D-FAST software, which is being used to manage
special assessments on over 2 million parcels throughout the United States.
DAVID SCHROEDER, PROJECT MANAGER
Responsibilities: Mr. Schroeder will work closely with the City s designated project manager to monitor
the project schedule and delivery of work products to the City's satisfaction. He will serve as an
additional primary contact for City staff and will provide senior-level technical analysis as warranted
throughout the project.
Experience: David Schroeder is a Manager at NBS where he and his staff administer special
financing districts including Property-Based Business Improvement Districts, 1913/1915 Act
Assessment Districts, Mello-Roos Community Facilities Districts and Landscape and Lighting Districts.
David has experience working with all aspects of special district administration including continuing
disclosure and delinquency management. He is actively involved in the daily administration of district
administration operations.
JASON ROTH,ANALYST
Responsibilities: Under the direction of the Project Manager, Mr. Roth will serve as the primary point of
contact for City staff. Mr. Roth will perform all day-to-day activities related to the project.
Experience: Jason Roth is a Financial Analyst at NBS, where his daily responsibilities focus around the
ongoing administration of over 40 special assessment/tax districts within the state of California. His
administration functions include calculation of annual levies, analysis of district finances, calculation of
redemption of bonds from prepayments, bond tenders, apportionment of liens and annual report
preparation. In addition, he plays an active role in creating and maintaining effective delinquency
management policies, ensuring that continuing disclosure requirements and arbitrage rebate obligations
are met. Jason deals with County agents including the Auditor Controller's Office, Treasurer Tax
Collector, and County Assessors Office. He understands county timetables and requirements for
transmittal and processing of data critical to the successful administration of special districts. Jason offers
assistance to district property owners and provides explanations of bond covenants and government code
in a manner understandable to professionals and the lay person.
P
4 NBS age 3
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REFERENCES
The following are recent similar project descriptions of work performed in the last three (3) calendar
years:
The CITY OF CHULA VISTA utilizes special tax Community Facilities Districts, Landscape Maintenance
Districts, 1913/1915 type Assessment Districts and Open Space Assessment Districts to fund
infrastructure and maintenance projects citywide. The City currently has 56 districts (34 of them
Landscape Maintenance Districts) representing over 28,000 parcels. New districts continue to be
formed, and development continues.
In 2005, the City conducted an RFP (Request for Proposal) process and selected NBS to replace the
incumbent administration firms. Prior to this point, the City had a number of firms involved in the
administration and was unhappy with the level of service and the system overall. The City conducted
another RFP process in 2010 and retained NBS as the City's consultant. The full range of administration
services includes handling the day-to-day management, data maintenance and updates, preparing and
disseminating Continuing Disclosure Reports, performing Apportionments of assessment district liens,
responding to payoff calculation and other informational requests, monitoring and following up on
delinquencies, submitting the correct levy information to the County, etc. NBS has also installed its
proprietary software, D-FAST Online, at the City for enhanced access. This cutting edge solution allows
the City access to their data but allows for expert outsourced administration.
Contact.
Eric Adachi, Special District Accountant
276 Fourth Avenue, MS E-100
Chula Vista, CA 91910
(P)619.476.5376
(E) eadachi@ci.chula-vista.ca.us
The CITY OF LONG BEACH in Los Angeles County utilizes a number of special financing districts.
Since 2002, NBS has been the City's trusted administrator performing annual ongoing services related
to the City's 1915 Act Assessment Districts, Benefit Improvement Districts, and Community Facilities
Districts totaling over 3,000 parcels. Annual services include data collection, policy review, cost
recovery, cash and equivalents analysis, fund analysis, levy calculation and submittal, resubmission of
rejects, annual reports, prepayment calculation/amortization schedule, bond calls, release of liens,
notice of special assessment, and a toll free number for property owners and third party inquiries. NBS
also provides County Assessor Reporting to aid in complying with the requirements of Revenue and
Taxation Code 163.
For the 2011/12 fiscal year, NBS placed a combined $3.94 million on the Los Angeles County property
tax roll, for the City's districts.
Contact
David Nakamoto, Treasurer
333 West Ocean Blvd., 61" Floor
Long Beach, CA 90802
(P) 562.570.6845
(E)david.nakamoto@longbeach.gov
4 NBS Page 4
39
The CITY OF SAN JACINTO in Riverside County utilizes a number of special financing districts to
support infrastructure and services. NBS provides formation, administration and support services to the
City for numerous assessment and special tax, Community Facilities Districts (CFDs). NBS also
administers the City's 1972 Act Landscape & Lighting Districts, including over 65 zones used mainly for
maintenance of the City's many neighborhood parks. NBS has been instrumental in helping the City
tackle delinquency issues. This includes performing delinquency data analysis for 1915 Act assessment
districts with high delinquency rates and/or defaulted bonds for which workout plans were prepared.
NBS has participated with legal counsel in preparation of judicial foreclosure cases and analysis of bond
tender programs used in foreclosure workouts. In addition to administration services, NBS also assists
the City in the formation of various Special Financing Districts.
Contacts:
Tom Prill,Acting Finance Director
City of San Jacinto
595 S. San Jacinto Avenue, Building B
San Jacinto, CA 92583
(P) 951.537.6352
(E)tprill@sanjacintoca.us
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, Assessors parcel maps, and County
Assessor information and establish a database for the Assessment Districts.
Policy Review. NBS will review policies 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.
',I NBS Page 5
40
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 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 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.
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.
P
4 NBS age 6
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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.
Community Facilities 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 Community Facilities District.
Data Collection. NBS will gather and review data pertinent to the administration of the Community
Facilities District. Data will be obtained from various sources such as assessor's parcel maps, building
permits and county assessor information as determined to be necessary based on the requirements of
the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all
parcels within the districts and relevant parcel information.
Administrative Cost Recovery. NBS will identify all costs associated with the administration of the
Community Facilities District and recover those costs through the levy process as outlined in §53317(e)
and §53340 of the Government Code of the State of California. Such costs may include, but are not be
limited to: bank fees, legal fees, county tax collection fees, and all costs and expenses of the public
agency and its consultants related to district administration.
Cash Flow Analysis. NBS will determine the cash flow requirement, acquire current fund balances and
make recommendations to keep the flow of funds and fund balances in compliance with the bond
documents. Fund transfers might include the transfer of available surplus funds to be used as levy
credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes.
Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.
Special Tax Requirement. NBS will calculate the annual Special Tax Requirement that will include all
necessary components as outlined in the Rate and Method of Apportionment, such as principal and
interest due, administrative expenses, collection for direct financing of services or facilities, and a fund
credit or replenishment as determined from analysis of the district funds.
Levy Calculation. NBS will calculate the annual special tax levy for each parcel within the Community
Facilities District following the guidelines established in the Rate and Method of Apportionment.
Meeting Attendance. NBS will attend district related Council/Board meetings related to district
administration, as requested by the City.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required format and
medium (i.e. e-mail, diskette). Special Taxes rejected by the County Auditor Controller will be
researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted
to the County for collection will be invoiced directly to the parcel owner, with payment submitted to the
public agency.
Special Tax Levy Report. NBS will provide an annual Special Tax Levy Report. This report will
include a parcel listing with levy amounts and other parcel information, the details of the annual Special
Tax Requirement, current delinquency information, fund analysis, administrative expenses to be
recovered, status of the project and current issues affecting the districts.
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Delinquency Monitoring. NBS will provide a comprehensive list of delinquencies after each special
tax installment becomes due. The delinquency report will provide the district's overall delinquency
percentage as well as a detailed list of each delinquent parcel, with the name and address of the
delinquent parcel owner, the delinquent amount and penalties.
Prepayment Calculations. NBS will provide special tax prepayment calculations to interested parties.
The party requesting the calculation shall pay the fee of any prepayment calculation.
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 special tax.
CDIAC Reporting. NBS will perform all necessary reporting to the California Debt and Investment
Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the
State of California.
Notice of Special Tax Disclosure. NBS will provide Notice of Special Tax Disclosure notices to
requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure
form.
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
districts and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking
property owners.
Assessment District Construction Fund Closeout Services
Funds Analysis. NBS will perform an analysis of all remaining funds to determine their appropriate
disposition in accordance with applicable laws, District documents, and Agency preferences.
Delinquencies. NBS will prepare a detailed delinquency report for the District.
Parcel List. NBS will prepare a detailed list of property owners (as shown on the most recent secured
roll), along with mailing addresses, and refund amounts for the processing of any refunds by the
Agency.
Notice of Completion. NBS will prepare or obtain a Notice of Completion of Public Work.
Findings Report. NBS will prepare a detailed Closeout Analysis and Findings Report.
Arbitrage. NBS will determine if arbitrage rebate calculations have been performed and funds have
been cleared for disbursement by the Agency.
Resolutions. NBS will prepare any necessary resolutions regarding the closeout of the district.
Work Plan. NBS will help the Agency develop a long term work plan to provide for the proper
expenditure of any funds to be retained for maintenance of improvements.
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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 policies 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 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. 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 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.
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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.
OPTIONAL SERVICES
These services will not be performed unless formally requested by the City.
Audit of Community Facilities Districts 2005-1 &2007-1
Per the City's request, during FY 2012/13 NBS will perform an audit of Community Facilities Districts
2005-1 & 2007 due to concerns over potential parcel classification & development status discrepancies
identified by NBS during our review of the data provided by the former administrator. The scope of the
project is to resolve the following issues:
• There appears to be numerous properties that are being taxed at the higher rate of single
family but according to County data appear to be multi-family residences. In order to confine
this we would need to have the past building permits for each of these properties.
• Secondly, there are some parcels that are listed as "entitled," but appear to be developed as
the County Assessor has assigned a structure value to the parcel. We need to confirm there
have not been any building permits issued for any of these properties.
• Thirdly, there are concerns about the general accuracy of the CFD 2005-1 & 2007-1 parcel
database that need to be resolved via a boundary review.
The scope of the Audit is thus as follows:
Boundary Review. NBS will research and audit each boundary map (including annexation boundary
maps),to identify any parcels missing from each CFD.
Building Permit Collection. NBS will travel to City to manually collect building permits from City
records for all properties within each CFD to ensure all properties are being taxed pursuant to each
CFD's Rate and Method of Apportionment.
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Building Permit Review. NBS will review each permit and compare it to the information on file for each
parcel within each CFD. NBS will research and reconcile any the discrepancies.
Findings Report. NBS will document all discrepancies found as a result of the audit for review and
approval by the City. The Findings Report will also include detailed information for all parcels as
available.
Corrective Measures. NBS will implement all approved corrective measures in each CFD's parcel
database and ensure that these changes are reflected in future special tax levies beginning with the
2013/14 fiscal year.
Research and Resubmit CSA 152 Levy rejects
Research Levy Submittal Rejects. NBS will research the CSA 152 charges that are initially rejected
by the County Auditor Controller as provided to the City by the CSA 152 administrator. The new parcels
will be identified and a resubmittal file will be prepared.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required format and
medium (i.e. e-mail, diskette).
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FEES
The total fees and expenses for the services and projects that are currently defined for each Fiscal Year
will not exceed the following amounts (future years include projected moderate growth in CFD parcel
counts, as-needed projects, and cost of living increases as defined below):
FY 2012/13: $49,000(includes one-time AD Closeouts and CFD audits)
FY 2013/14: $34,000
FY 2014/15: $37,000
FY 2015/16: $39,000
FY2016/17: $41,000
See Appendix'B"for a detailed list of projected fees and expenses for each Fiscal Year.
1915 Act Assessment District Administration
District Parcel Count Total Annual Fee
AD 161 308 $3,150
AD 162 95 3,150
AD 164 196 3,150
Total Annual Fee $9,450
Community Facilities District Administration
District Base Fee Parcel Count Per Parcel Fee Total Annual Fee
CFD2005-1 $4,000 1,257 $1/parcel $5,257
CFD 2007-1 2,000 14 $1/parcel 2,014
Total Annual Fee $6,000 $7,271
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
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
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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
Assessment District Construction Fund Closeout Services
Total for Assessment Districts No. 157 and 158...............................................................................$3,500
Delinquency Management
Delinquency Management Fees will vary annually based on actual delinquencies within the Districts,
and based on how the City directs NBS to undertake Delinquency Management tasks, up to an annual
maximum not to exceed $4,000. 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.
ReminderLetters (1)..............................................................................................................................$15
DemandLetters(1)..................................................................................................................................30
LienholderLetters (1, 2)...........................................................................................................................40
ForeclosureLetters..................................................................................................................................50
Payment Plan Administration.................................................................................................................150
TaxRoll Removal (3, 4) ...........................................................................................................................75
Noticeof Intent Removal (4)....................................................................................................................25
Subsequent Foreclosure Fees (4) .........................................................................................................100
Lienholder Research......................................................................................................................... Hourly
All fees are based on a per parcel/per 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$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.
OPTIONAL SERVICES
These services will not be performed unless formally requested by the City.
Audit of Community Facilities Districts 2005-1 &2007-1
Audit fee includes NBS to collect building permits onsite...............................................................$18,500
Research and Resubmit CSA 152 Levy rejects
Research and Resubmit CSA 152 Levy rejects................................................................................$2,500
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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 .......................................................................................................$1,200
Annual Fee Increases
Cost of Living Adjustment (COLA) increases may be applied to the services listed above on October 1
each year, beginning with October 1, 2013. The annual COLA increase will be the lesser of:
• Three percent(3%);
• 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 Los Angeles - Riverside -
Orange County area.
Additional Services
The following table shows our current hourly rates. Additional services authorized by the City but not
included in the currently defined scope of services and projects 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
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Terms
This proposal is for a three year term, with two one-year extensions as long as it is agreeable to the
City. 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.
Schedule of Performance
See Appendix"A"for the anticipated Schedule of Performance for the 1915 Act Assessment District
and Community Facilities District Administration services.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NIBS Government Finance Group,
DBA NBSS
Mike Rentner
President and CEO 9/21/2012
Title Date
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Appendix "A"
Schedule of Performance for 1915 Act Assessment District and
Community Facilities District Administration Services
Performed
Cate o Action B Date
Building Permit Data City Staff provides building permit data City July 1
for Community Facilities Districts
Cost Recovery Worksheet NBS prepares and delivers the annual NBS July 5
Cost Recovery Worksheet to the City
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 and special tax levy for
each parcel in each of the Districts
Annual Assessment Levy and submit the amount for each parcel NBS August 10
to the County in the format and
medium(i.e.tape,disk,email)
required by the County Auditor-
Controller.
NBS will research the status of any
parcels rejected by the County
Auditor-Controller,and resubmit
Resubmission or Rejects corrected data for collection on the NBS Middle of August
County Tax Roll.Any parcels that are
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
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.
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Performed
Cat o Action B Date
At the City's direction,send a demand
letter to the property owner of each
delinquent parcel for the April IOth
installment. This letter will be mailed
Demand Letter to any property owner who remains NBS May
Assessment District 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.
This type of letter is typically sent after
the installments for a parcel have
Foreclosure Letter been removed from the tax roll. The
Assessment District letter delineates what amount must be NBS When 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
Tax Roll Removal removal. This step is in preparation of NBS and
Assessment District turning the parcels over for County When Required
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 NBS When Required
Assessment District lieu of turning parcels over to the
City'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
Subsequent Foreclosure additional information throughout the
Services foreclosure process. We will continue NBS When Required
Assessment District 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 September and March
Assessment District for all bond calls and coordinate the Trustee When Required
call with the Paying Agent/Trustee.
Release of Liens NBS will prepare all documents
Assessment District required to release the liens of parcels NBS When Required
that have prepaid the assessment.
NBS will apportionment services to
Apportionments ensure the assessment lien is NBS When Required
Assessment District apportioned to any parcel that
reconfigures.
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Performed
Cat o Action B Date
NBS will perform an analysis of all
Construction Fund remaining funds to determine their
Closeout appropriate disposition in accordance NBS October
Assessment District 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 and special taxes for the
Districts.Bilingual staff is available for
Spanish-speaking property owners.
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Appendix "B"
Projected & Maximum Cap
on NBS Annual Fees
Option for Option for
NBS Contract Extension Fees: 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017
Assessment District Administration(1) $9,450 $9,734 $10,026 $10,326 $10,636
Community Facilities District Administration (1,2) 7,271 10,218 12,307 14,369 16,431
Tax Data Submittal to Riverside County 0 0 0 0 0
Landscape&Lighting District Tax Rolls(1) 2,250 $2,318 $2,387 $2,459 $2,532
AD 157 and 158 Closeout Services(one-time) 3,500 0 0 0 0
Delinquency Management Services 4,000 4,000 4,000 4,000 4,000
Audit of CFDs 2005-1 &2007-1 (one-time) 18,500 0 0 0 0
Research and Resubmit CSA 152 Levy Rejects(1) 2,500 $2,575 $2,652 $2,732 $2,814
Miscellaneous Projects/New Districts 0 2,000 2,000 2,000 2,000
Miscellaneous Expenses 1,200 1,200 1,200 1,200 1,200
Total NBS Contract Extension Fees $48,671 $32,044 $34,571 $37,086 $39,613
Maximum Cap on All Annual Fees $49,000 $34,000 $37,000 $39,000 $41,000
(1)Assumes maximum 3%COLA.
(2) Fee estimates assume a moderate growth in CFD parcel counts in 2013-2014 through 2016-2017.
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