HomeMy WebLinkAbout2000-09-12; City Council; 15895; NBS Government Financial Group Agreementc-
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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
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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.
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*i 4. FEES TO BE PAID TO CONTRACTOR
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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
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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
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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
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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,
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
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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
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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)
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WITNESS my hand and official seal.
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OPtiONAL
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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:
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Signer’s Name: @N&d 5. 4-e. <
i1 Individual
LXorporate Officer
Title(s): SccALM
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tic NBS /g9*
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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
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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
($50,000) per fiscal year.
NBS Government Finance Group (NBS GFG), Consulting Engineer, shall submit invoices to the
City on a monthly basis. A late payment finance charge will be applied to any unpaid balance,
commencing thirty (30) days after the date of the original invoice, at an interest rate of ten (10) percent per annum.
02/04/00 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ally known to me
to me on the basis of satisfactory
evidence
to be the person
subscribed to
signature(g) dn the instrument the person@, or
the entity upon behalf of which the person@)
-ecuted the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent remo ment of this fo another document.
Description of Attached Docum
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited q General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Q 1997 National Notaw Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder Call Toll-Free 1-600-676-6827
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CALIFORNIA ALL-PURPOaE ACKNOWLEDGMENT
State of California
County of Riverside
On August 14, 2000 beforeme, Brenda Sue Visser, Notary Public,
Date Name end Title of Dfficer (e.g., “Jane Doe, Notary Public”)
personally appeared Michael J. Stearns I Name(s) of Signer(s)
73personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persot?@J
whose name@$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
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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:
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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.
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- 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
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