HomeMy WebLinkAboutNBS Government Finance Group, dba NBS; 2015-06-29;AMENDMENT NO. 1 TO AGREEMENT FOR LOCAL GOVERNMENT
FEE CONSULTING SERVICES
NBS GOVERNMENT FINANCE GROUP, DBA NBS
m~dment No. 1 is entered into and effective as of the I (l}1A-day of ---*~~1.--U-<~/...!....V, 2015, amending the agreement dated June 29, 2015 (the "Agreement") by and
e een the City of Carlsbad, a municipal corporation, ("City"), and NBS GOVERNMENT
FINANCE GROUP, DBA NBS (NBS), a California corporation, ("Contractor") (collectively, the
"Parties") for local government fee consulting services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to conduct further
financial analysis to simplify the City's fees related to development; and
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed twenty thousand dollars ($20,000).
Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include
hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by June 28, 2016.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
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5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
By:
(print' name/title) ·
By~ •.. £; ~:-
(sign here)
{!\;d~e.Yd R~p~~f'~a~~~Ti~~)~ Ct~y
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
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Task 1:
Task 2:
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Detailed Financial Analysis for Fee Simplification
NBS will conduct the necessary financial analysis to implement
recommendations developed in the original scope of work of the Agreement to
simplify the city's development related fees. NBS will conduct the financial
analysis for planning, building and land development engineering fees.
City will provide NBS with past fee and cost of service studies, as well as any
data necessary for NBS to complete the financial analysis. This financial analysis
will be the justification for any proposed changes to fees and as such, will provide
enough detail to comply with any local, state and federal regulations related to
local government fees for service.
NBS will write and deliver to the city a Detailed Fee Simplification Financial
Analysis Memo summarizing the information in their analysis and presenting the
city with financially justifiable options for a new development fee schedule.
New Development Fee Schedule
Based on the analysis in Task 1 of this Amendment, NBS will create and format a
new development fee schedule that can be presented to City Council for
approval. The fee schedule will include the simplified fee categories and amounts
based on all previous analysis work conducted by NBS as part of this
Agreement. NBS will assist the City by reviewing a summary memory that will be
written for City Council once the new fee schedule has been developed. NBS will
be available for up to one City Council meeting or workshop to present the
summary memo. NBS will be available for up to two City Council meetings once
the City presents the new fee schedule for adoption in alignment with the city's
implementation of the new online permitting system in the spring of 2016. NBS
will review any agenda bills related to adoption of the new fee schedule to ensure
city staff has included all necessary information, analysis and justification.
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AGREEMENT FOR LOCAL GOVERNMENT FEE CONSULTING SERVICES
NBS GOVERNMENT FINANCE GROUP, DBA NBS
THIS AGREEMENT is made and entered into as of the o2^'^ day of
tJL>Ag- 2015, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NBS GOVERNMENT FINANCE GROUP, DBA NBS (NBS), a California
corporation, ("Contractor").
RECITALS
City requires the professional services of a financial consultant that is experienced in local
government fee analysis and fee studies. Contractor has the necessary experience in providing
these professional services, has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effecfive for a period of one (1) year from the date first above written. The
City Manager may amend the Agreement to extend it for up to one (1) addifional one (1) year
period or parts thereof. The parties will prepare a written amendment indicating the effective date
and length of the extended Agreement.
3. COMPENSATION
The total fee payable for the Services to be performed during the Agreement term and as further
described in Exhibit "A" will not exceed ten thousand dollars ($10,000). Payment will be made on
a time and materials basis and Contractor will provide City, on a monthly basis, copies of invoices
sufficienfiy detailed to include hours performed, houriy rates and related acfivifies and costs for
approval by City. No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention unfil City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone direcfiy or
indirecfiy employed by any of them or anyone for whose acts any of them may be liable.
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The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this secfion, and that this
section will survive the expirafion or eariy termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rafing of not less than "A-:Vir';
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rafing in the latest Best's Key Rafing Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Associafion of Insurance Commissioners (NAIC) latest
quarteriy lisfings report, in an amount of not less than one million dollars ($1,000,000) each,
unless othenwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written nofice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibifing
discriminafion and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalfies for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Secfions 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdicfion for resolufion of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
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due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR, NBS GOVERNMENT
FINANCE GROUP, DBA NBS
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
Dave Ketcham, Vice President
ity Monogor or Mayor or Director
Glen Van Peski
(print name/title)
ATTEST:
By:
(sigiSriere)
Michael Rentner, Secretary
BARBARA ENV3LES0N
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolufion certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
City Attorney Approved Version 4/1/15
EXHIBIT "A"
I. SCOPE OF SERVICES
Task 1: Review Existing Development Related Fees
NBS will review the existing list of adopted development related user and
regulatory fees provided by the city as well as data from five fiscal years on
development related revenue. The City is looking to simplify fees that are
redundant, overiy itemized, or inconsistent with practices of similariy-sized
California communities in terms of development acfivity and locafion. NBS
understands that fees linked to impact fees, districts, or other assessment
calculations that have been historically conducted to fund community infrastructure
or provide public benefits are not a priority in this scope of work. City will provide
data to NBS including but not limited to:
• List of fees to be reviewed
• Report of revenue by GL account type for current and past four (4) fiscal
years
• Report of revenue by permit type for current and past four (4) fiscal years
• Past fee studies conducted by the City
NBS will interview city staff as necessary, by email, telephone, or one on-site visit,
regarding existing development fees to inform their analysis within this task.
Task 2: Comparative Review of Fees from Other California Communities
NBS will utilize their industry expertise to assess best practices related to
development fees in neigiiboring and comparable communifies. These
communifies include:
• Oceanside
• San Marcos
• Vista
• Escondido
• Riverside
• Santa Monica
• Newport Beach
• Santa Barbara
NBS will review these cifies' practices of fee assessment related to development
activity to identify areas where the city could further simplify fees. In general, NBS
will download the respecfive fee schedules from the Internet. If schedules are not
available on the Internet, NBS will make a reasonable attempt contact the agency
to obtain a copy of their current fee schedules. NBS will then compile a comparison
of fee categories and amounts, for the most readily comparable fee items that
match the City of Carisbad's fee structure, and make a reasonable attempt to
contact each agency for clarification regarding fee categories and amounts. The
City may also provide contact informafion to individuals known in each agency that
may be available to assist NBS in confirming information regarding fee schedules
and amounts.
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Task 3: Preliminary Findings Memo
Assuming a project commencement date of no later than June 15, 2015, NBS will
deliver to the city no later than August 1, 2015 a draft memorandum based on the
findings in Tasks 1 & 2. Any delay to the project commencement date will result in
an equivalent delay to the delivery of the draft memorandum. The memorandum
will highlight which fees could be simplified and identify and recommend any
changes to the basis of existing fees. Recommendations will be backed by data
and professional experience that implies an ability of the City to implement the
recommendations in accordance with cost of service and other applicable legal
regulafions governing local government fees. City understands that any actual
cost-of-service calculations are not included in this scope of services.
II. COMPENSATION FOR SERVICES
The following houriy rates would be applied to the project budget for the requested scope of
services, as services are performed. Houriy rates for NBS are inclusive of all costs associated
with professional fime, such as travel, document producfion, and incidentals. The rates will apply
for the duration of our contract:
NBS HOURLY FIATES:
• Director, $205 per hour
• Associate Director, $190 per hour
• Manager, $160 per hour
• Financial Analyst, $120 per hour
At no time will NBS invoice for charges in excess of the fee to which the City of Carisbad and
NBS mutually agree. Should the City specifically request addifional services beyond those
described in this document, we will discuss those requests and associated costs at that later fime
and only invoice for addifional fees upon subsequent amendment to this Agreement NBS
proposes to invoice the City on a monthly basis, following recorded consultant time on the project,
paralleling our completion of the work.
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