HomeMy WebLinkAboutAgenda Report - January 16, 2013 C-08AGENDA ITEM C 0'49
CITY OF LODI
COUNCIL COMMUNICATION
M
AGENDA TITLE: Adopt Resolution Authorizing City Attorney to Amend Professional Services
Agreement with NBS Government Finance Group, of Temecula, to Perform
General BenefitAnalysis of the City's Consolidated Landscape Maintenance
Assessment District No. 2003-1 ($10,525.15)
MEETING DATE: January 16,2013
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolution authorizing City Attorney to amend professional
services agreement with NBS Government Finance Group, of
Temecula, to perform a general benefit analysis of the City's
Consolidated Landscape Maintenance Assessment District No. 2003-1, in the amount of $10,525.15.
BACKGROUND INFORMATION: On October 3, 2012, the City Council approved Resolution
No. 2012-156 authorizing the City Attorney to execute a professional
services agreement with NBS Government Finance Group to perform
a general benefit analysis for the City's Consolidated Landscape Maintenance District No. 2003-1 (District)
in the amount of $16,224.85. The contract amount of $16,224.85 was mistakenly interpreted as the
contract amount when actually, it is the total amount charged for the 2012/13 District annual report.
The correct compensation amount for NBS to perform a general benefit analysis for the District is
$26,750.00, a difference of $10,525.15. Staff is requesting the Council approve an amendment to the
professional services agreement to correct the contract compensation amount to NBS by $10,525.15, for
a total of $26,750.00, as shown in Exhibit A, and appropriate funds.
FISCAL IMPACT: The results of this general benefit analysis may result in a partial allocation
of maintenance costs to Street Fund.
FUNDING AVAILABLE: Funding comes from the various assessment revenue accounts of the Lodi
Consolidated Landscape Mai ntenanceAssessment District No. 2003-1 for
Fiscal Year 2013/14.
C7:>"1AJt2k"-4� —
Jordan Ayers
Deputy City Manager/Internal rvices Director
P.i.1NW §IIrector
Prepared by Chris Boyer, Assistant Engineer
Attachment
FWS/CB/pmf
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APPROVED:
Konradt art am, City Manager
K:\WP\DEV–SERV\LandscapeDistdct\CC–GeneraI BenefitAnalysis LMD- NBS-Amendment.doc 7/7/2013
AMENDMENT NO. 1
NBS Government Finance Group
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made
and entered this day of January, 2013, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY"), and NBS FINANCE GROUP (hereinafter "CONTRACTOR").
WITNESSETH:
WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement
(Agreement) on December 4, 2012, as set forth in Exhibit 1 (attached).
2. WHEREAS, the contract compensation amount needs to be corrected, as set forth in
Exhibit 2;
NOW, THEREFORE, the parties agree to amend the Fee as set forth in the Agreement
as Exhibit 2, for a total contract compensation amount of $26,750. All other terms shall be as
set forth in the Agreement.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 1 on .2013.
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
Attest:
RANDI JOHL, City Clerk
Approved as to Form:
iu
MZ.",,
NBS GOVERNMENT FINANCE GROUP
Hereinabove called "CONTRACTOR"
NAME: MIKE RENTNER
TITLE: President/CEO
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ,�1'Y1�7 2012,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
NBS GOVERNMENT FINANCE GROUP (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for General Benefit
Analysis Report (hereinafter "Project") as set forth in the Scope of Services attached
here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such
services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term O 4 ,
The term of this Agreement commences on Betober-lO, 2012 and terminates
upon the completion of the Scope of Services or on September 6, 2013, whichever
occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
i
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
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Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Wally Sandelin, Public Works Director
To CONTRACTOR: NBS Government Finance Group
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Attn: Greg Davidson, Director
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
1.1
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court,
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
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Section 4.16 Integration and Modification
This- Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
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IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDI
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Funding Source:103021
(Business Unit & Account No.)
CITY OF LODI, a municipal corporation
r
CONTRACTOR:NBS
By:
Name-: Mi14e �e ec.
Title: Q*sGtsr. Pres{des+ >; CEO
Doc ID:WP\DEV—SERV\LandscapeDistrict\NBS General Benefits Contract
CA:rev.01.2012
8
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870 Market Slreel, Suite 1223
San Francisco, CA 94102
Toll free; 800.434.8349
nbsgov.com
COVER LETTER AND EXECUTIVE SUMMARY
July 5, 2012
D. Stephen Schwabauer
City Attorney
City of Lodi -
P.O. Box 3006
Lodi, CA 95241
RE: NBS' ability to support the City of Lodi with a General Benefit Analysis for the 17 Total
Zones (16 existing zones plus i annexation zone) of the City's Consolidated Landscape
Maintenance District (LMD) No. 2003-1
Dear Mr. Schwabauer and colleagues,
From our discussions, we understand that the City of Lodi is interested in a General Benefit Analysis for
the 17 Total Zones (16 existing zones plus 1 annexation zone) of the City's Consolidated Landscape
Maintenance District (LMD) No. 2003-1.
NBS is a firm with over 15 years of history with directly applicable experience in property -related fees,
special assessments and taxes, and we work closely with the legislative options available in California as
well as limitations set by Propositions 218 and 26.
We purposefully are submitting this brief letter -format proposal but we are happy to provide further
information as desired.
How would NBS proceed?
Nick Dayhoff, the City's assigned Financial Analyst, and myself, would dedicate time to understand your
specific needs and quantify the data and parameters. We have included a sample scope to demonstrate
our typical approach, but we would work with you to hone the final tasks and commensurate timeline. The
goals are to identify areas of the Engineers Report that can be strengthened and supported in accordance
with Proposition 218 and recent case law. The report will provide analysis and numerical support for the
breakdown of special vs. general benefit. The City will be able to use the report to determine the amount of
the general benefit contribution and the amount of the budget that should be assessed for special benefit
What would be our First steps?
We would provide a thorough review of the proposed improvements and maintenance services, budgets,
location and type of improvements, analyze Proposition 218 special benefit, general benefit and recent case
law to separate and quantify special vs. general benefit Meet with City staff to develop a general benefit
contribution and approach for Consolidated Landscape Maintenance District No. 2003-1. Provide staff with
related support for the duration of the project.
helplagoommunitlee fund tomorrow
4.
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RE: NBS' ability to support the City of Lodi with a General Benefit Analysis for the 17 Total
Zones (16 existing zones plus i annexation zone) of the City's Consolidated Landscape
Maintenance District (LMD) No. 2003-1
Dear Mr. Schwabauer and colleagues,
From our discussions, we understand that the City of Lodi is interested in a General Benefit Analysis for
the 17 Total Zones (16 existing zones plus 1 annexation zone) of the City's Consolidated Landscape
Maintenance District (LMD) No. 2003-1.
NBS is a firm with over 15 years of history with directly applicable experience in property -related fees,
special assessments and taxes, and we work closely with the legislative options available in California as
well as limitations set by Propositions 218 and 26.
We purposefully are submitting this brief letter -format proposal but we are happy to provide further
information as desired.
How would NBS proceed?
Nick Dayhoff, the City's assigned Financial Analyst, and myself, would dedicate time to understand your
specific needs and quantify the data and parameters. We have included a sample scope to demonstrate
our typical approach, but we would work with you to hone the final tasks and commensurate timeline. The
goals are to identify areas of the Engineers Report that can be strengthened and supported in accordance
with Proposition 218 and recent case law. The report will provide analysis and numerical support for the
breakdown of special vs. general benefit. The City will be able to use the report to determine the amount of
the general benefit contribution and the amount of the budget that should be assessed for special benefit
What would be our First steps?
We would provide a thorough review of the proposed improvements and maintenance services, budgets,
location and type of improvements, analyze Proposition 218 special benefit, general benefit and recent case
law to separate and quantify special vs. general benefit Meet with City staff to develop a general benefit
contribution and approach for Consolidated Landscape Maintenance District No. 2003-1. Provide staff with
related support for the duration of the project.
helplagoommunitlee fund tomorrow
What is NBS' experience?
As mentioned above, we at NBS have a wealth of experience with Special Financing Districts across
California, which includes working through legal issues on fees, assessments and special taxes. As a
quick primer on NBS, we are proud of our 15 year history of assisting cities, counties, and local
government entities with specific consulting and analysis projects.
Please review this very brief statement, our comprehensive scope and additional information. We would
appreciate the opportunity to work with you all on this effort. Please call me with any questions at
800.676.7516 or email at adavidson aOnbsuov.com.
Sincerely,
Greg
Director
NBS Page 2
SCOPE OF SERVICES
General Benefit Analysis
Project Schedule. NBS will communicate with City staff, legal counsel and other interested parties to:
• Establish lines of communication.
• Clarify the specific project goals, components and criteria that will meet the .City s preference.
• Develop project schedules to meet legal requirements and provide for effective interfacing of all involved
parties.
• Establish meeting points consistent with schedule to achieve project milestones.
• Establish and coordinate with City staff a schedule to assure completion of necessary actions and
compliance with statutes.
Special v. General Benefit Analysis. Review the proposed improvements and maintenance services,
budgets, location and type of improvements, analyze Proposition 218 special benefit, general benefit and
recent case law to separate and quantify special vs. general benefit. Most with City staff to develop a
general benefit contribution and approach for Consolidated Landscape Maintenance District No. 2003=1.
Provide staff with related support for the duration of the project.
Support Determinations. Review the determinations made by the original Assessment Engineer, which
shall include, but not be limited to the Method of Assessment and provide support for those determinations
as information and research allows.
Exempt Parcels. Review all parcels that have been exempted from the annual assessment within the
boundaries of the District and provide recommendations on how each of these parcels should be addressed
in the future.
Findings and Recommendations Report. Prepare a report, summarizing our findings and
recommendations. The main goal of the report is to identify areas of the Engineers Report that can be
strengthened and supported in acaordenoa With Fropoeltion 218 and recent case law. The report will
provide analysis and numeral support for 0% breakdom of special vs. general benefit. The City will be
able to use the report to determine the amount of the general' benefit contribution and the amount of the
budget that should be assessed for special benefit. Support for determinations made by the original
assessment engineer will be provided as available. The identification of parcels exempt from the
assessment will be identified and addressed.
TIMELINE
DATE
DESCWV1011
September 2012
Kickoff meeting to discuss timeline, goals and objectives
November 2, 2012
NBS provides draft general benefit analysis to the City for review and
comment
November 16, 2012
City provides feedback on general benefit analysis. NBS incorporates
any changes
November 30, 2012
NBS provides final general benefit analysis to the City
'�ri� N BS Page 3
PROJECT TEAM
NBS is staffed with nw experts who are dedlcated to providing our clients with the best possible
results. The M staff of over 35 co tsultartts.and engineers has extensive experience in the fields of
finance, rnanagermeK aransering, and toeat governance and combine their knowledge to produce a
synergy that rmsuls M maximum success:and minimum risk.
Professional Biographies
Greg Davidson, Client Services Director
pmo Davidson is a Director viAth NW where he and his staff form and administer special financing
dkbk;ts, Includktg landscape Maintenance Districts, 1913 and 1915 Act Assessment Dlstrtc K M111110
-
Rocs Community FmIlMes Districts, and property -Based Bueness lmpmvemant Districts. Gm.0 is aottvely
involved in mamQft Ow day4o-dray dbW administrallon operatia:ts. tate prepwaltcrt of the annual
special assessment IB A9% and related special proJects. He has worlmd directly with Mona than 100
Agencies administering 300 Districts.
District Formation: Greg has formed Special Financing Districts consisting of:
• Business Improvement Districts
• Community Facilities Districts (CFD, or Mello -Roos)
• Landscape Maintenance Districts
• District Admimstra&n. Greg has over 13 years of experience in actively managing ongoing
administration and annual levy calculations #or 1913/1915 Aet Assessm+t'i►t Districts, Landscape
Maintenance Districts, Mello -Roos Community FWAMas Distrkft, and Propmly-Based Suslitess
Improvement Districts. He has trained numerous staff, and has directly prepared levies for hundreds
of Assessment and Special Tax Districts. He has also provided corpWifing services mbded tO curing
troubled districts which have involved judicial foreclosure, refhta<tcing and property outmet bard
tender programs.
• Financial Pmject. Greg has experience performing revenue audits, parcel audits., tax roll billing
services and the formation of various Special Financing Districts.
Confining Disclooffe. Greg has several yea m of experience in preparitlg and diseet'ttbaft Municipal
Disclosure Reports for numerous Cdhfomla Agent. He currently Is involved with the Phnx don
and approval of more than 160 disclosure reports for 1915 Act, Community. Facilities CU1114 Tax
Allocation and General Obligation Bonds.
1995 Reassessment and Itefime&g. Greg has prepared several Reassessment Reports as required by
the CA Streets and Highways Code §9523, saving parcel owners a significant amount of money.
Proposition 218: Greg provides Proposition 218 consulting services related to the establishment or
increase of charges and assessments.
,,. N B Page 4
Pablo Perez, Project Manager
Pablo Perez is a Director with NBS where he and his staff form and administer various types of Special
Financing Districts (SFD). He has over 19 years of experience, and is actively involved with district
formations and bond issuance/refunding analysis as well as daily management of district administration
operations. He also performs feasibility studies and related financial projects.
• SFD pmjecir. Pablo has significant experience with many types of SFD's including: 1972 Act
Maintenance Districts, Community Facilities Distrds (CFD'e), Standby and other Fees and Charges,
1915 and 1911 Act Assessment Districts, Business Improvement Distr1cla (BUS), Benefit Assessment
Districts (BAD's) and Public Safety Districts including Fire Assesanerft.and Tema. His bxilvement
includes analysis of district finances ae weil as oversight of iah such as awdIB of went tions,
-delinquency management activities, apportionment of liens, continuing dlsdasure, armee rebate
calculations, bond tenders, and distrirtworkouts.
• Continuing Disclarmr: He has been responsible for the preparation and dissemination of disclosure
reports for all types of municipal bonds for over a hundred public agencies.
• Financial Pmjectr Pablo has managed numerous projects relating to assessment and special tax
districts, including apportionments of 1915 Act liens, tax roll billing services, continuing disclosure
reports, arbitrage rebate calculations, human resources consulting, fund analysis and
recommendations, bond tenders, conversion of bonds, delinquency management, and special project
consulting.
• Pr*ad ion 218: Pablo provides Proposition 218 consulting services related 10 the estabUshment. or
increase of fees, charges and assessments. He Is an admowtedged expert In Proposition 218
compliance programs which of particular signifbance wase the My of La Habra He. %hts project. there
were over 2,000 assessment ballots mailed, and the property owners voted to ruin the annual
assessment for street maintenance.
• County Data Procurement. Pablo is on a 'first name basis" with many of the County assessor and
auditor's staff in the State.
• Pablo has 22 years of experience in the private and public finance sectors, including 20 years
specializing in the administration of special financing districts. Prior to working in public finance
administration, he worked for a financial firm in New York.
Nick Dayhoff, Financial Analyst
Nick Dayhoff is a Financial Analyst at NBS, where he administers special financing districts, including
1913/19.15 Act Assessment Districts, Mello -Roos Community Facilities Districts, Landscape and Lighting
Districts, Benefit Assessment Districts, and Property Related Fees and Charges. Nick has experience in
all aspects of special district administration, including continuing disclosure and delinquency
management. He is actively involved in the daily administration of district administration operations.
r DishictAdministration. Nick's administrative functions include calculation of annual levies, analysis of
district finances, calculation of redemption of bonds .from prepayments, apportionment of liens and
annual report preparation. Nick deals with county agents including the Auditor C X trolley's Office,
Treasurer Tax Collector, and County Assessor's Office. He understands county thrtMables .and
requirements for transmittal and processing of data critical to the successful administration of special
districts. In addition, he is available to assist district property owners with questions or concerns and
provide explanations of bond covenants and government code in a manner understandable to
professionals and the layperson.
Special Projects In addition to the above fisted responsibilities, Nick has expea*e In specW projects,
including Proposition 218 compliance and rxditadion, dis61lot daseotft assisting public agencies
with the coordination of public hearings, assisting cities and districts with coda oamptiance on several
topics related to land-based financing, assistarwa with judl*l ftedlosure prom and pre-
formation and pre -bond disclosure analysis.
V� N BS. Page 5
C 4q D&*Ww Mck irM prepared and dismnihaled municipal disclosure reports for several
Camnia agencies. He prepared and disseminated ongoing disclosure reports for special financing
dish indU&V 1915.M-Asessment t)kMcb, Community Facilities Districts, Revenue Bonds and
LIOW Obggation Disclosure ReporUng in compAanoe with Securities Exchange Commission
regulation 15c2-12.
FEES
General Benefit Analysis
BaseFee....................................................................:.........:.......... $9,750 plus $1,000 per zone
Expenses
.Customary out-of-pocket expenses will be billed to the City at actual coat to NOS. These expenses may
include, but not be limited to travel, postage, telephone, reproduction; meals and various third -party
charges for data, maps, and recording fees. Consultant's e*ertWs WU nae arced 10% of the total fee.
Additional Services
The following table shows our current hourly rates. Additional services authorized by the City will be billed
at this rate or the then applicable hourly rate.
Director
HourlyTitle
$190
Senior Consultant/Programmer
150
Engineer
140
Consultant
130
Ainal st
100
ClerlicaYS�
55
Expert Witness
TBD; with minimum fee
Terms
Services will be invoiced monthly until completion of the.projedt. E*xpenees Will the itemized 80 Included
in the need regular invokes Fees for all other ser AM will be invoked upon. compWon of the task, tf .the
pnjf is pmmohrely terrninaW. by el9ter party, INDS sly receive payment far work =nPk ted.
Payrrad shell be made within 30 days of submittal of .an Invoice. If payment Is net readved WOW 90
days simple interest will Is"in to. acerae at the rate of 1.5% per month. Either party can cancel
admIrMtodon contracts with 30 days wrkten notice.
Page 6
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Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractors operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Ea. Occurrence
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$2,000,000 Aggregate $1,000,000 Property Damage - Ea. Occurrence
PROFESSIONAL ERRORS AND OMISSIONS
Not less than $1,000,000 per Claim. Certificate of Insurance only required.
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of thero oiect that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additionai Named InsureA_Endo emelt
Such Insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be included with Contractors policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Workers
Compensation Insurance for all of Contractors employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Workers Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Workers Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
Insurance for the protection of said employees. . A waiver of subrogation is required for workers compensation
insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City,
4DNBS
helping oommunitlen
fund tomorrow i
87D Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800 434,8349
nbsgov.com
October 9, 2012
D. Stephen Schwabauer
City Attorney
City of Lodi
P.O. Box 3006
Lodi, CA 95241
RE: NBS' ability to support the City of Lodi with a General Benefit Analysis for the 17 Total
Zones (16 existing zones plus 1 annexation zone) of the City's Consolidated Landscape
Maintenance District (LMD) No. 2003-1
Dear Mr. Schwabauer and colleagues,
The City of Lodi -requested our pricing for the proposal sent on July 5, 2012 for the General Benefit
Analysis for the 17 Total Zones (16 existing zones plus 1 annexation zone) of the City's Consolidated
Landscape Maintenance District (LMD) No. 2003-1.
This fee schedule will cover the full cost of providing the scope of services described in our original
proposal. We appreciate the opportunity to work with you all on this effort. Please call me with any
questions at 800.676.7516 or email at gdavidson(cDnbsgov.com.
Sincerely,
Greg Davidson
Director
helping communities Fund tomorrow
Exhibit 2
FEES
General Benefit Analysis
Fee............................ ..,........................ ....... .................... ............$26,750
Expenses
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may
include, but not be limited to travel, postage, telephone, reproduction, meals and various third -party
charges for data, maps, and recording fees. Consultants expenses will not exceed 10% of the total fee.
Additional Services
The following table shows our current hourly rates. Additional services authorized by the City will be billed
at this rate or the then applicable hourly rate.
Title
Hourly Rate
Director
$ 190
Senior Consultant/Programmer
150
Engineer
140
Consultant
130
Analyst
100
Clerical/Support
55
Expert Witness
TBD; with minimum fee
Terms
Services will be invoiced monthly until completion of the project. 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
administration contracts with 30 days written notice.
Q N BS Page
RESOLUTION NO. 2013-01
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
CITY ATTORNEY TO AMEND PROFESSIONAL SERVICES
AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP
FOR PERFORMANCE OF GENERAL BENEFIT ANALYSIS OF
THE CITY'S CONSOLIDATED LANDSCAPE MAINTENANCE
DISTRICT NO. 2003-1
WHEREAS, on October 3, 2012, the City Council approved Resolution
No. 2012-156 authorizing the City Attorney to execute a Professional Services
Agreement with NBS Government Finance Group to perform a general benefit analysis
for the City's Consolidated Landscape Maintenance District No. 2003-1 in the amount of
$16,224.85; however, the contract compensation amount was incorrect; and
WHEREAS, the amendment to the Professional Services Agreement will correct
the contract compensation amount to NBS by $10,525.15, for a total of $26,750.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Attorney to amend the Professional Services Agreement with NBS
Government Finance Group, of Temecula, California, to perform a general benefit
analysis of the City's Consolidated Landscape Maintenance District No. 2003-1 to
correct the contract compensation amount by $10,525.15, for a total of $26,750.
Dated: January 16, 2013
-------------------------------------------------------------------
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I hereby certify that Resolution No. 2013-01 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 16, 2013, by the following
vote:
AYES: COUNCIL MEMBERS —Hansen, Johnson, Katzakian, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— Mounce
ABSTAIN: COUNCIL MEMBERS— None
me
City Clerk
2013-01