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HomeMy WebLinkAbout2000-09-12; City Council; 15895; NBS Government Financial Group Agreementc- 0 9 P % p 2 6 5 8 4B# 15; Ii395 TITLE: APPROVAL OF AMENDMENT NO. 1 AND EXTENSION TO AGREEMENT WITH THE NBS GOVERNMENT FINANCIAL MTG. 9/I 2100 GROUP FOR APPORTIONMENT SERVICES FOR 191311915 ACT ASSESSMENT DISTRICTS AND APPROPRIATING FUNDS DEPT. ENG RECOMMENDED ACTION: CITY MGR- - T WI f OF CARLSBAD -AGENDA blLL Adopt Resolution No. &-ZS7 approving Amendment No. 1 and Extension to Agreement for Professional Services with The NBS Government Finance Group (NBS GFG). ITEM EXPLANATION: The City Council approved the selection of NBS GFG, in 1997 for professional engineering services for necessary apportionment services for 1913/1915 Act Assessment Districts. NBS GFG possesses the necessary skills and qualifications to provide the services required by the City. The need for such services still exists on an as needed basis. The amended agreement, if approved, would limit the total fee per fiscal year to $50,000, amend the scope of work and extend the contract term by three years rather that the addition of one year terms. Staff recommends approval of this amendment because NBS GFG is uniquely qualified and has provided such services in a satisfactory manner since June 26, 1997. FISCAL IMPACT: The City collects a fee from developers for apportionment services at the time of subdivision map recordation to the cover the City’s costs. The amended agreement is for $50,000 per year. The current year amount was not included in the 2000-2001 adopted budget, therefore staff is requesting an additional appropriation per fiscal year for the life of the extended contract. EXHIBITS: 1. Original Agreement dated June 26, 1997. 2. Resolution No. d7000.d 87 approving Amendment No. 1 and Extension to Agreement for Professional Engineering Services and appropriating $50,000 to fund services. 3. Amendment No. 1 and Extension to Agreement for Professional Services for apportionment for 1913/l 915 Act Assessment Districts. OPTIONAL AGREEMENT FOR PROFESSIONAL SERVICES - THIS AGREEMENT, made and entered into as of the d&* day of June, 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “Ciiy”, and The NBS Government Finance Group (NBS GFG), hereinafter referred to as “Contractor.” RECITALS City requires the services of Contractor to provide the necessary apportionment services for 1913/t 915 Act Assessment Districts; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor will provide apportionment services for 1913/l 915 Act Assessment Districts as requested by the City. Services include: SO-d ADPlications. 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. ApDortionment. Apportion the special assessment according to the method of spread as described in the Engineer’s Report. Notice of ApDortionment. Prepare a notice of apportionment and deliver via certified mail to the issuing underwriter as required by law. 9L6L9L9 606 1 rev. 4/l 9/96 2 6~6 squ dZT’tS0 00-EZ-dew h -- l 0 7 *i 4. FEES TO BE PAID TO CONTRACTOR *O-d 9L6L9L9 606 3 6J6 SWJ dZI:SO OO-EZ-J=Ws l 2. 3. Prepare and Record Amended Assessment Diaaram. Prepare an Amended Assessment Diagram for the apportionment. The diagram will be filed and recorded with the County Recorder. Prepare and Record Notice of Amended Assessment. After recordation of the Amended Assessment Diagram, prepare and record Notice of Amended Assessment that identifies each parcel, the parcel owner, and the Parcel’s correct lien amount. Aoportionment ReDOk Prepare and submit to the City an Apportionment Report showing the finalized apportionment and the amended assessment diagram. CITY 08LlGATlONS City will provide bond and assessment information as requested by Contractor. PROGRESS AND COMPLETION The work under this contract will begin within ten (t 0) days after receipt of notification to proceed by the City. The fees payable for the apportionment services to be performed shall be billed upon completion of each apportionment and shall be in accordance with the fee schedule as follows: Fee Schedule: Apportionment Fee - Four parcels or less ADDOrtiOnment Fee - Five or more parcels Recordation and mailincl expenses - $ 950 $1,900 plus $20 per parcel Actual Cost 2 rev. 4/l 9/96 No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work “. 0” 5. DURATION OF CONTRACT !I &I5 This agreement shall extend for a period of three (3) years from date thereof. The contract may be extended by the City Manager for two (2) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. - 7. FINAL SUBMISSIONS The contractor shall deliver to the City a report of finalized apportionment within 30 days of completion. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be fonnrarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by - the City and approved by the City according to the procedures described in Carlsbad 3 rev. 4/l 9/96 SO-d 9L6L9L9 606 6~46 SqU dET:SO 00-BZ--teW v Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render h ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTlNGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and 4 rev. 4119196 90-d 9L6L9L9 606 6~6 Squ dET:SO 00-sz--aew S the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The provisions of Carlsbad Municipal Code sections 3.32.027 and 3.32028 pertaining to false claims are incorporated (Initial) 13. STATUS OF THE CONTRACTOR 3.32.025, 3.32.026, herein by reference. The Contractor shall perform the services provided for herein in Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever, 5 rev. 4/l 9/96 LO-d 9L6L9L9 606 6 6~6 squ dBT:SO cm-Ez-dew The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or his/her employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or his/her employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all final reports to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. Contractor agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Contractor. 80-d 9L 6L9L 9 606 6 rev. 4/l 9/96 7 f5J6 S‘V dtrTtS0 OO-&Z-dew ,- 60-d 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shal have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Contractor shall at his own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. 7 9L6L9L9 606 rev. 4/l 9/96 ?5 6J6 SqU dtiK:SO OO-EZ--l=W 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 01-d 9L6L9L9 606 8 rev. 4/l 9/96 01 6~6 squ dST:IiO 00-EZ--l=w 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to . 9 rev. 4/l 9196 1% 9L6L9L9 606 6J6 SqU dS’I:SO 00-EZ-dew - property which may arise out of or in connection with performance of the work hereunder by the contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coverases and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage 21-d 9L6L9L9 606 10 rev. 4/19/96 v 6#5 S=l’J d9’I:SO 00-EZ-dew - - shall be maintained For a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The contractor shall furnish certificates of insurance to the City before commencement of work. 3. The contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. P 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insurance coverage required herein, then the City will have the option to declare the contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the contractor or deduct the amount paid from any sums due the contractor under this agreement. ,‘-. 11 9L6L9L9 606 rev. 4/l 9196 lZ 6&6 SqU d9T:SO 00-EZ-a=W - 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title: Finance Director Name: Lisa Hildabrand Address: 1200 Carlsbad Villaae Drive Carlsbad. CA 92008 Title: Chief Oneratino Officer Name: Michael S. Rentner Address: 41661 Enterorise Circle North Suite 225 Temecula. CA 92590 20. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. i 29. ENTIRE AGREEMENT This agreement, together with any other wriien document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in VI-d 9L6L9L9 606 12 rev. 4/l 9196 0 643 SW’ d91:90 OO-BZ--l=W - h writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9L6L9L9 606 13 rev. 4/t 9196 h 6&6 SqU d91:90 00-EZ--t=W * Mar-23-00 05:16P nbs afg 909 6_767976 P-16 Executed by Contractor this a&* dayof T&E/P ) 19 97. CONTRACTOR: CITY OF CARLSBAD, a municipal corporation of the State of California The NBS Government Finance Group By: Financial Management Director MlKE JOHNSOaQ ’ President / ATTEST: By: Secretary ALETHA L. RAUTENKRANZ City Clerk Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corpora- tions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPRdVED AS TO FORM: RONALD R. BALL City Attorney BY Deputy City Attorney 14 rev, 4/l 9/96 - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT “r-‘.-,‘;C~~~~~~~~~~:~~~~.~-~~~~~~~~~.~~*~~;~~~.~~.~~‘;‘.:’.’..;‘:‘;‘.‘-;~,.;:,.5-‘..~‘.i, . . . . .q ‘.-; -..; . . :. ..; ..; ..I ..; ..:, ..;:.<..i;-++; ,.; ,;2,: u.z‘...r.. ‘a ; e. ; .A ,:: ,\ :; > t ? .A’ 5 .- .\ )‘. -7 r( ;! i , ‘2 A’ .5 ,” ,5 c t ‘\ . . . -1 ? ? ,*, -i q ;$ ‘2 5 A 7 .; c.3 . .I 5 -I ‘. ‘j d, i ,:> ? :J (4, i ‘, ‘4. ;. ‘. - ,.. ‘I ? State of county of OJti3)+ ,997 beforeme, Z&L& L %ws , Dam Name and litb d Ollur (e.g.. *Jana OCO. Ndaty PubW) personally appeared @7/k& ;/pkM Son) &Nb mlhAr/ ..-s 9 4&fVm/c;fe, -J Name(a) al Ogner@) _ personally known to me :.I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. ,,gG . gonUurs d Notary P&c OPtiONAL Though the iniormation bebw is not required by law, it may pmve vahrable to persons relj4ng on the document and could mvent hudld8nt femOVa/ Nld f88&iCht7l8ilt Of this fOom, t0 amfh8f dOCUfn8flf. Description of Attached Document . Title or Type of Document: u / / Document Date: c a-97 ._ Number of Pages: /q Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: m,,& %L, J - Individual ~3Corporate Officer Title(s): P#Qi?rrpe;Jt - Partner - .I - Limited 0 General Z Attorney-in-Fact 3 Trusted Z Guardian or Conservator - Other: - Signer Is Representing: w N43s 4 f&l/we 3- rhwcc L&G II Signer’s Name: @N&d 5. 4-e. < i1 Individual LXorporate Officer Title(s): SccALM 1 Partner l-l Attorney-in-Fact ! I Trustee ;7 Guardian or Conservator I ; Other: 1 Signer Is Representing: tic NBS /g9* -. _.. ,,x,I. ;r;;E,;,,;CiCi’;~~~~,~~~~~~~~~~~~~:~~~~~ . ..# -- ~-,~~~i~~=;;~~~,,;,~~~~~~~~~~~~~~ Q W~~NWCWUI NOW ASSCCI~~~ l 621 Rammat Ave.. P.O. Bon 7lIy l Carqa Pan. CA ~309.7184 Prod. No. 5907 Rawdot: Call 1ctlCFrw 1.800476.6&27 20-d SL6LSLS 606 636 SqU dII:SO 00-EZ-a=W A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO.1 AND EXTENSION TO AGREEMENT WITH THE NBS GOVERNMENT FINANCIAL GROUP, FOR PROFESSIONAL SERVICES FOR 1913/l 915 ACT ASSESSMENT DISTRICTS. WHEREAS, the City Council of the City of Carlsbad has reviewed the continuing need for professional engineering services for apportionment services for 1913/l 915 Act Assessment Districts; and WHEREAS, the City Council selected The NBS Government Financial Group, for professional engineering services for apportionment services for 1913/l 915 Act Assessment Districts; and WHEREAS, The NBS Government Financial Group has been working consistently with the City since June 26, 1997 and is intimately familiar with the apportionment process and procedures, making them uniquely qualified to perform additional support and professional engineering services for apportionment services for 1913/1915 Act Assessment Districts; and WHEREAS, the Finance Director is requested to allocate $50,000 from the General Fund Contingency account to the Engineering Operating Budget and is authorized to allocate $50,000 for each year of the contract extension term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 1 to the consultant agreement with The NBS Government Financial Group for additional professional engineering services for apportionment services for 1913/l 915 Act Assessment Districts as described in the attached amendment is hereby approved and the Mayor is hereby authorized and directed to execute said amendment. Ill I/l I/! Ill I!/ iil Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 c 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III 3. That the amount of $50,000 is appropriated to the Public Works Department, Engineering Services, to fund the services. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th dayof September , 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin 9TTFl: -* h?.mr~ OOD, City Clerk w=L) EXHIBIT “A” COMPENSATION RATES AND PAYMENT PROVISIONS AGREEMENT BETWEEN CITY OF CARLSBAD AND NBS GOVERNMENT FINANCE GROUP (NBS GFG) City shall pay NBS Government Finance Group (NBS GFG), Consulting Engineer, for the performance of all services rendered pursuant to this agreement, in accordance with the following schedule of billing rates: 1. Apportionment fee, four parcels or less $950 2. Apportionment fee, five or more parcels $1,900 plus $20 per parcel 3. Recordation and mailing expenses Actual cost 4. The total fee to be paid to the Contractor shall not exceed fifty thousand ($50,000) per fiscal year. NBS Government Finance Group (NBS GFG), Consulting Engineer, shall submit invoices to the City on a monthly basis. A late payment finance charge will be applied to any unpaid balance, commencing thirty (30) days after the date of the original invoice, at an interest rate of ten (10) percent per annum. 02/04/00 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ally known to me to me on the basis of satisfactory evidence to be the person subscribed to signature(g) dn the instrument the person@, or the entity upon behalf of which the person@) -ecuted the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remo ment of this fo another document. Description of Attached Docum Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited q General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Q 1997 National Notaw Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder Call Toll-Free 1-600-676-6827 22 - CALIFORNIA ALL-PURPOaE ACKNOWLEDGMENT State of California County of Riverside On August 14, 2000 beforeme, Brenda Sue Visser, Notary Public, Date Name end Title of Dfficer (e.g., “Jane Doe, Notary Public”) personally appeared Michael J. Stearns I Name(s) of Signer(s) 73personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persot?@J whose name@$is&Wsubscribed to the within instrument and acknowledged to me that heActWt$qKexecuted the same in his?HWBMKauthorized capacity@$$ and that by his#iJMtiPlircsignature(Pq on the instrument the person&), or the entity upon behalf of which the person#zacted, executed the instrument. BRENDA SUE VISER Commission # 1136257 Wtary Public - CaOtornlo Rivelslcle county / in,! ‘-7-m Expires h4ay 1,200l OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ratification of Extension and Amendment No. 1 to Title OrType ofDocument: Agreement for PrOfeSSiOnal Engineering Services the NBS Government Finance Group (NBS GFG) Document Date: August 9, 2000 Number of Pages: 3 Signer(s) Other Than Named Above: Michae1 S l Rentner Capacity(ies) Claimed by Signer(s) Signer'sName: Michael J. Stearns 0 Individual C% Corporate Officer Title(s): President 0 Partner - 0 Limited Cl General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: NBSGFG Top of thumb here Signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Part& - Cl Limited 0 General Cl Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Q 1995 National Notary Association l 6236 Remmel Ave., PO. Box 7164 - Canoga Park. CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 RATIFICATION OF EXTENSION AND AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THE NBS GOVERNMENT FINANCE GROUP (NBS GFG) This Ratification of Extension and Amendment is entered into the 74 day of 8 2000, but effective as of the 26” day of June, 2000, ratifying the extension and amending the Agreement dated June 26, 1997, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City” and NBS Government Finance Group (NBS GFG), hereinafter referred to as, “Contractor” for professional engineering services. REClTALS WHEREAS, the Agreement, as amended, expired on June 26, 2000 and the Contractor continued to work on needed services without benefit of agreement; and WHEREAS, the City and Contractor desire to ratify the extension of the term of the Agreement and any amendments thereto for a period of three (3) years ending on June 30,2003, and WHEREAS, the Agreement, identified a scope of work which includes the apportionment services for 1913/l 915 Act Assessment; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties and is attached hereto and incorporated herein by reference as Exhibit “A” Scope of Services and Fee; and WHEREAS, the City and Contractor desire to ratify any amended scope of work already performed; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. The term of the Agreement shall end on June 30,2003. 3. Contractor shall provide services as outlined on the attached Exhibit “A”. 02/04/00 4. City shall pay Contractor for all work associated with Paragraph 1 above, on a time and materials basis not-to-exceed $50,000 per fiscal year. Contractor shall 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. 5. All other provisions of the Agreement and any amendments thereto shall remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement and any amendments thereto shall be extended to include coverage for the extension period. Acknowledged and Accepted: CONTRACTOR: NBS GOVERNMENT FINANCE GROUP Michael J. Stearns, President (print name/title) CITY OF CARLSBAD. a municipal --. ATTEST: City Clerk 9 -# ‘0-D DATE (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: 02/04/00 EXHIBIT “A” COMPENSATION RATES AND PAYMENT PROVISIONS AGREEMENT BETWEEN CITY OF CARLSBAD AND NBS GOVERNMENT FINANCE GROUP (NBS GFG) City shall pay NBS Government Finance Group (NBS GFG), Consulting Engineer, for the performance of all services rendered pursuant to this agreement, in accordance with the following schedule of billing rates: 1. Apportionment fee, four parcels or less $950 2. Apportionment fee, five or more parcels $1,900 plus $20 per parcel 3. Recordation and mailing expenses Actual cost 4. The total fee to be paid to the Contractor shall not exceed frfty thousand ($50,000) per fiscal year. NBS Government Finance Group (NBS GFG), Consulting Engineer, shall submit invoices to the City on a monthly basis. A late payment finance charge will be applied to any unpaid balance, commencing thirty (30) days after the date of the original invoice, at an interest rate of ten (10) percent per annum. 02/04/00 Ily known to me to me on the basis of satisfactory evidence to be the person -ecuted the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu Title or Type of Document: Document Date: Signer(s) Other Than Name Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): C Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee c! Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Sob Ave., P.0. Box 2402 * Chatsworth, CA 913152402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 CALIPORNIA ALLPURPO,L ACKNOWLEDGMENT State of California County of Riverside On August 14, 2000 before me, Brenda Sue Visser, Notary Public, me Name and Title of Oflicer (e.g.. -Jane Doe, Notary Public”) personally appeared Michael J. Stearns , Name(s) of Signer(s) 753personally known to me - OR - Cl proved to me on the basis of satisfactory evidence to be the perso@@ whose nameJ@JisJW&subscribed to the within instrument and acknowledged to me that he&WM!eryrexecuted the same in hisixauthorized capacitym and that by his#‘WUWWsignature(PL) on the instrument the person&), or the entity upon behalf of which the person&$acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ratification of Extension and Amendment No. 1 to TitleorTypeofDocument: Agreement for PrOfeSSiOnal Engineering Services. the NBS Government Finance Group (, NBS GFG) Document Date: August 9, 2000 Number of Pages: 3 Signer(s) Other Than Named Above: Michae1 s l Rentner Capacity(ies) Claimed by Signer(s) Signer’s Name: Michael J. Stearns Cl Individual Qt Corporate Officer Title(s): President 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: NBSGFG lillwNa Top of thumb here Signer’s Name: Cl Individual Cl Corporate Officer Title(s): Cl Partner - q Limited 0 General 0 Attorney-in-Fact q Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here 0 1995 National Notary Association * 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6627 NOT- BUS. NUMBER P%$J DATE i&l0 :‘ 05f2~ <.’ p+, _‘- s,c DEscRlm& ” % ,,‘: 6”” _- 8999 -&-k _. services, Not ElBewhere maped ,qi j . : ._ T ii::, ‘~ ,s__ _- *- Ii” -,..a OwNEli nRM,~+. STEARNS, MlCtii .~ ‘: (‘a, ; _ ~~nih&&E NBS GO~~NM~ FlWNCE GRoljb; __ ,.; . BUSINESS N&E. NBS GOVERNMENT FINANCE GRW@. MAILING AODRBBS 41551 ENTERPRISE CIR N STE 225 ‘-’ CITY AND STAIE TEMECUlA CA, 925904629 KEEP FOR YOUR RECORD BUSINESS TAX RECEIPT BUS. NO. 1204198 DATE PAlo 05/25/2000 08.160 50.0 TOTAL 0.1 TAXES PAID IN ACCORDANC. WITH CKY BUSINESS TA ORDtNANCE CITY OF CARLSBAC . . . . .,.,. ::,::::a:::::::::::::::.::::jj:i:‘:l:::::~:~::::: :::::::::::.:.:.:.:.: .:.:.:(.:.:....... FAX (909) 587-6001 I NSURED ccurate Insurance Associates ’ 0 Box 890760 ‘emecul a, CA 92589-0760 Mn: Susan Wilton Ext: NBS Government Finance Group 41661 Enterprise Ci rcl e North, Suite 225 Temecula, CA 92590 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Assurance Company of America A COMPANY Golden Eagle Insurance Corp. B COMPANY C COMPANY D :OVEWlG&S . . . . ;. j:i,:.:.j;-:. :. :.ii.:..i:~.~~~.l:iir~ ;. :j, .. . . . . . . . . : .,.. ..::....:..::..: . . . . . :.: ._ ,. : i’::ji;: :j.:. - .,,i.:,j:::-;.,lj::~,:_:.,:~:; . ...> .,. :,, ,. f :‘: .y ; : : j :. : : : :.. .:. .:...: :::...:. ..-: ., :. ., j.: . . ; ;.p,: / ‘j.:: j :...I ,.:..j ,j,:::.cj,:..“. . . . . . . : ..: : .: THIS IS TO CERTIFY THAT THE POLICIES OF INSUdANCE LiSiED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 30 .TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION DATE (MMKlDfYY) DATE (MMIODPIY) LIMITS GENERAL LIABILITY x COMMERCIAL GENERAL L1ABILrl-Y :,:, : A .‘..:.:,, CLAIMS MADE x OCCUR. x PPS35482463 OWNER’S 8 CONTRACTOR’S PROT : GENERAL AGGREGATE s 2,000,01 PRODUCTS. COMPlOP AGG 5 2,000,01 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS A SCHEDULED AUTOS x HIRED AUTOS .PPS35482463 09/24/1999 x NON-OWNED AUTOS : GARAGE LIABILITY ANY AUTO : EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM : WORKERS COMPENSATION AND EMPLOYERS LIABILITY ! B THE PROPRIETOR/ &WC63861703 09/24/1999 PARTNERS/EXECUTIVE INCL ; OFFICERS ARE: x EXCLi OTHER - -,---.- FIRE DAMAGE (An;“; lore) 5 1,000,01 MED EXP (Any one person) 5 10,Ol COMBINED SINGLE LIMIT S 1,000,0~ BODILY INJURY (Per person) S 09/24/2000 BODILY INJURY (Per accident) s PROPERTY DAMAGE S AUTO ONLY. EA ACCIDENT S .A\.. i... i..:.: :: OTHER THAN AUTO ONLY: :..;.:::.::‘::::.:,:.. ., ,: :.;:.:.:.:::.::::::::.: . . . . . . . EACH ACCIDENT S AGGREGATE 5 EACHOCCURRENCE S AGGREGATE 5 .is x CSTATU T%RY LIMITi OF ~i~~ii~,i: . . j j : .: 09/24/2000 EL DISEASE. EA EMPLOYEE : S DESCRIPTION OF OPERATlONSlL~ATlONYVEnlCLESISPEClAL ITEMS Except 10 days notice of cancel1 ation for non-payment of premium. :E~:if[&@&&~~ ‘i”.il,~l~~~~:~~~~~:~~~~~~~,~ ; ! c : ij .:.:I :i::> .::I.; ii.,: ;. ;.,:;:jlj: ; :;;.,i:),i.$j :-‘i:$:;:;-j;. i.ii::ii4:i:r~~~~~~~~~~~~~~.~~~~:~.~,~~~.~ $;;:ji :, i::~iii;liiis.ji:~~~~~~ .ii.~~~:~~: : : .., . . . . :.:.:.:.:.:.:.:.:...: ..:.:.,.:.:...:.:.:, ,.,. :.::.. .., ,: .,,.,,..,:,) :,. .,. ..,...,.,. . . . . . :..,...... . . . . . . . . . . . . . . .,.. . . .,.. .., . . . . . . . . . . . . . . . .,...,. :.:.:. .: ,. : :: :.>:.:.:.:.: ):‘.:.:.:.:.:.:.:.:.~.;.:.:.:I~:.:.~~:. :.‘.:.‘. : - City of Carlsbad Attn: Helga Stover THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF- E TO MAIL SUCH NOTICE SHALL--SE NO OBLIQATION OR LIABILITY 1200 Carlibad Village Drive Carlsbad, CA 92008-1989 MPANY, ITS AGENTS 4 R REPRESENTATIVES. btNI tiY;KAMfJU-CALLUNA 1NS. ; ~-1u'uu ; z:u'/PM ; KAMCU-CALLUNA INS. -) YUY lYti IYYo;II 1 RamC;o-Caizonj Ins, Service, Inc. SO@ Canyon f rest Or, X200 Rivprsidc, 92 507 AtW Richard Hesrcr .;;;~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._............... NBS Co rrmont Flnancs Group 41661 k ntcrpriro Clr N Y 225 ~ Temccu a, CA 92590 p MPAUEI - -C j. . . . . ...... co .-. -_.-- .., ... j -~ Crdg+fcE”.;i’iihn Ext: : 4 co. ....... ...... .............................................................. ‘.i‘ . . . . . . icoupANT a ” . ., jootmw ! c -~-_.__ ___- .-.-- . . . . . .a*... . F1 rhci,~~~~~.~“*~~~~~~~~..~ I ............................... ........................ ... ......... ........................ .” ................................ ......... ....... I ; mMPANY I D PUOULOPNYOPMMOWOSWRlwDwutliuW~wD~fwE ExPmAmw MW THensoP, tYIunulNoOOYPM~~vonTowL ~M~wrunor~rOmcCnnrlcAn~rurmlDmE~, 6ulFuLmTow~wollcEEnullwol6No~laAnwDRLlMillrf