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HomeMy WebLinkAbout2022 CON NBS Government Finance Group - Landscape Maintenance District No. 1 Admin. ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN TI-IE CITY OF NATIONAL CITY AND NBS GOVERNMENT FINANCE I UP THIS AGREEMENT is entered into this a day of + , 2022, by and between. the CITY OF NATIONAL CITY, a municipal corporation Ole t IFFY"), and NBS GOVERNMENT FINANCE GROUP dba NBS, a California corporation (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONSULTANT shall provide Landscape Maintenance District No., l administrative services as set forth in the attached Exhibit "A". , Length of AgNol_w cr L. The duration of this Agreement is from July 1, 2021 through June 30, 2024. Compensation. The total compensation to CONSULTANT for providing the services set forth herein shall not exceed an annual total cost or $17.71 3.36. The compensation fc.r CONSULTANT'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schednik. CITY will rake payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services ofCONSULTANT. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONSULTANT. 6. Independent Contractor. it is agreed that CONSULTANT is an independent Contractor, and all persons Gorki ng for or under the direction of CONSULTANT are CONSULTANT'S agents, servants and employees, and said persons shall not be deemed agents, servants, o.r employees of CITY. 7. Insurance. CONSULTANT shall obtain: A. fx If checked, Professional Liability Insurance (errors and omissions) with minimum limits of l 000 000 per occurrence. It is agreed that the CONSULTANT has a sel f insured 2,000 retention. B Automobile insurance covering all bodily injury and property damage incurred during the pet•Iorniance of this Agreement,I,vith a minimum coverage of $1,000, 00 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto'). C. Commercial general liability insurance, with minimum limits of 1,000,000 per occurrencef ,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S T' employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for ,thirty days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the 'fretro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key, Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they crust be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have beencomplied with, are filed with, and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all tunes during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City 1243 National City Blvd National City, CA l 0 01 8. Hold Harmless. CONSULTANT shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONSULTANT, or CONSULTANT'S subCONSULTANT, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONSULTANT ULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT. City of National City and NBS Agreement FY 2021-2022 . Business .. License. CONSULTANT must possess or shall obtain business license from National City Finance Demilment before beginning work. 1.1. Miscellaneous Provision.. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instnunent. 4 Captions. Any captions to, or headings of, the section or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligationsto Third Parties. Except as otherwise expressly provided herein,the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules, The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terns of this Agreement may notbe modified or amended except by an instrument in writing executed by each oft . parties hereto. F. Waiver The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed hi accordance with the laws of the State of California. The CONSULTANT shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement This Agreement supersedes any prior agrpements, negotiations and ommunicati ns, oral or written, and contains the entire agr rent between the parties -as to the subie-cirm-attertebsequent agreement,. representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shad be of any effect unless it is in writing and executed by the party to b . bound thereby. Successors and Assigns, This Agreement shall be binding upon .and shall inure to the benefit of the successors and assigns of the parties hereto. 1 l l l 1 1 1 l 1 1 City of National City and NBS Agreement FY 1- 3 J. Construction. The parties acknowledge and agree that i each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONSULTANT on the date and year first above written. City of National City and NBS greement FY 2021-2022 - SIGNATURE PAGE TO FOLLOW 4 w CITY OF NATIONAL CITY By: Brad Raulston City Manager APPROVED 'I.O FORM: Jennifer K Gilman Assistant City Attorney CONTACT INFORMATION CITY OF NATIONAL L CITY Brad Raulston, City Manager 1243 1 ational Cif,,, Boulevard National City, CA 919 0- 30I Phone: (619) 336-4240 Fax: (619) 336-4286 ntact: Martin Reeder Title: Principal Planner Dep.: Planniag Email: mreeder nationaleityea. ov City of National onal City and NBS Agreement FY 2021-2022 NBS GOVERNMENT FINANCE I C I O P dba NBS (Corporation -- signatures of two corporate officers required) Michael Rentner (Print) -- President., CEO & Secretary (Title)' By: (Name) Dave Ketcham (Frini) Vice President (Tit l) NBS GOVERNMENT FINANCE GROUP dba NBS Michael Rentner, President, CEO 8z Secretary 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Phone: (951) 296-1997 Fax: (951) 296-1998 Contact: Dave Ketcham Title: Vice President Email: dketcham@nbsgov.com Taxpayer I.D. No.: 3 3 - 712 12 5 CITY OF NATIONAL C By: Bra City Manager APPROVED AS TO FORM: Jennifer K Gil Assistant City' ttorney ^w ti CONTACT INFORMATION CITY OF NATIONAL CITY Brad Raulston, City Manager 1243 ation.aFCity Boulevard National City, CA 91950-4301 Phone: (619) 336-4240 Fax: (619) 336-86 Contact: Martin Reeder Title: Principal Planner Dep.: P l n ng Email: mreeder@nationalcityca.gov City of National Clay and NEIS Agreement FY 202 l -20 2 NBS GOVERNMENT FINANCE GROUP dba BS (Corporation - signatures of two corporate officers required) By: ' (Name). By: Michael entner (Print) President, CEO & Secretary (Title) (Name) Dave Ketcham (Print) Vice President (Title) NBS GOVERNMENT FINANCE GROUP dba NBS Michael Rentner, President, CEO & Secretary 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Phone: (951) 296-1997 Fax: (951)296-1998 Contact: Dave Ketcham Title: Vice Presi dent Email: dketchaxn@nbsgov.com Taxpayer I.D. o.: 3 3-01 51 EXHIBIT "A" IONBS 32605 Temecula ParlioAdray Suite WO O Temecula CA 925.92 T .Ml free 0 676 5' 6 T P' 51 nbsgov.com June 16, 2022 Martin Reeder, AICP Planning Manager City of National City 1243 National City Blvd. National City, CA 91950 Subject: Scope and Fee Exhibit for the Renewal of Landscape Maintenance District ("LMD") Administration Services for the City of National City LMD No. 1(Mile of Cars) Dear Mr. Reeder, NB5 is pleased to provide this Scope and Fee Exhibit for the renewal of the City of National City ("City") Landscape Maintenance District ("LMD") Administration Services for LMD No. 1(Mile of Cars). We look forward to continuing our professional relationship. Scope of Work Landscape Maintenance District Administration DATABASE MAINTENANCE NBS will access current information from various data sources to verify that all parcels within District boundaries are included in the database. NBS will also verify that all land use designations and assessment benefit factors are correct. NHS will update the database with current County Assessor's information including property owner names and addresses, and any other available data that will augment the existing database. BUDGET PREPARATION NBS will meet with City staff to establish the District budget for the coming fiscal year. This budget will be based on historical costs and actual and/or projected changes in costs and/or improvements to be maintained. Cost categories may include but are not limited to capital improvements and maintenance costs, incidental costs (engineering, legal, District administration and reserve funds. helping communities fund tomorrow ASSESSMENT COMPUTATION AND RATE ANALYSIS NBS will compute the assessment for each parcel within the District according to the Method of Assessment. NBS will provide an assessment summary which will include a comparison of current year rates versus prior year rates, separate by zone and land use, if applicable, and fund balance information, ENGINEER'S REPORT PREPARATION NBS will prepare the annual Engineer's Report and provide to City staff, The Report will consist of: A discussion of the background of the District A detailed and technically su x orted Method of Assessment A description of the improvements and services that are being funded by the District a A cost estimate for the improvements and services being funded a Copy or reference to original District Diagram a A table showing assessed rates by zone and land use An Assessment Roll listing assessments by parcel or reference a complete roll on file with the City MEETING ATTENDANCE NBS will meet with City staff to review the Engineer's Report for modifications and approval NOTICING AND RESOLUTION COORDINATION NBS will coordinate activities to ensure that required tasks are completed within the scheduled time frame. NBS will assist the City (or the City's legal counsel) with preparation of any notice of assessments, public hearings, or other meetings requiring publication. NBS will assist the City for the City's legal counsel) with preparation of the staff report, all legal notices and the associated resolutions ed below: Resolution describing improvements, initiating proceeding, and ordering the engineer to prepare and file a report for the City Resolution preliminarily approving the Engineer's Report Resolution of Intention declaring the intention of the City Council to levy and collect assessments and setting a date for the public hearing(s) • Resolutionauthorizing the placement of assessments on the property tax bills LEVY SUBMITTAL NBS will submit the levy to the County Auditor -Controller in the required format. Assessments 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 for payment directly to the City. SUMMARY ANNUAL LEVY REPORT NBS will prepare a summary report containing a listing of the final assessments, applied to the County Tax Roil. li N BS Page := CONSULTING SUPPORT NBS shall provide a toll -free phone number for use by the City, other interested parties and all property owners. NBS will be available to answer questions regarding the District and the ongoing collection of assessments. Bilingual staff is available to assist Spanish-speaking property owners. CITY RESPONSIBILITIES The City shall furnish NBS with any pertinent information that is available to City and, applicable to the Services, The City shall designate a person to act with authority on its behalf in respect to the Services. The City shall promptly respond to NBS' requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that NBS is entitled to rely on all information and documents supplied to NBS by City or any of its agents or contractors and other government sources or proxies thereof as being accurate and correct and NBS will have no obligation to confirm that such information and documentation is correct and that NBS will have no liability to City or any third party if such information is not correct. Engineer's Stamp and Signature NBS will have a Registered Professional Engineer signature. Fee Structure PE review the Engineer's Report for stamp and Landscape Maintenance District Administration CHID No. 1(Mile of Cars) Administration Services Annual Fee(1) Engineer's Stamp & Signature Estimated Expenses2 Not to Exceed for Each Year FY 2021/22 FY 2022/23 FY 2023/24 3 Year Total 3,546.98 1,500.00 3,653.39 1,500.00 750.00 3,762+9'9 L500.00 750.00 5,903.39 6,312.99 10,963.3 4,500.00 2,250.00 17,713.361 2) Fees increased by an estimated 3% but will not exceed the annual percent change in the Consumer Price Index. See description of expenses below ANNUAL FEE INCREASES Cost of living increases may be applied to the Administration services listed above on October 1 each year, beginning with the invoices issued on October 1, 2022. The COLA would be the actual cost of living increase based on the 1 -month change from May to May in the U S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the applicable region for National City's location. ONBS Page 3 EXPENSES Customar ► out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to travel, postage, mailing fulfillment, telephone, reproduction, meals and various County or third -party charges for data, maps, and recording fees. ADDITIONAL SERVICES The following table shows ouur current hourly rates. Additional services not included in the scope but authorized by the City will be billed at this rate or the then applicable hourly rate. Director Associate Director Senior Consultant / Engineer / Manager Consultant Analyst Clerical/Support $225 $210 $175 $155 $130 $105 TERMS Administration services will be invoiced 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_i_s_prematurely terminated__ by either_ party, BS. shall receive payment for_work completed. Payment shall be made within 30 days of submittal of an invoice. Either party can cancel administration contracts with 30 days written notice. CNBS Page 4