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HomeMy WebLinkAbout2001-07-24; City Council; 16286; Assessment District Administrative ServicesAPPROVAL OF AGREEMENT BETWEEN CITY AND MTG. 07/24/01 NBS GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT ADMINISTRATIVE DEPT. FIN SERVICES CITY MGR%@ RECOMMENDED ACTION: Adopt Resolution No. 200 1-2 lb approving an agreement between the City of Carlsbad and NBS Government Finance Group for the provision of assessment district administrative services. ITEM EXPLANATION: On August 1, 1996, the City entered into an agreement with The Government Finance Group (now NBS Government Finance Group) for administration and related services for all 1915 Act Assessment Districts. That agreement was for three (3) years with two (2) additional one (1) year extensions. It is time to renew the contract, and due to the specialized nature of the work, and the initial set up required by a contractor to provide these services, staff believes that it would be in the City’s best interest to re-issue the contract to NBS Government Finance Group. In addition, staff has been very satisfied with the quality of service, which has been provided by the contractor for the last five (5) years. The contractor will provide administrative services for Alga Road, College Boulevard, Carlsbad Ranch, and Ranch0 Carrillo Assessment Districts. Service includes maintaining a data base of property owners and related liens, assessments and payoffs; calculation of annual assessment amounts for each benefiting parcel, delinquency monitoring and reporting, and various other duties related to the administration of the districts. A proposal to provide the needed administrative services has been submitted (Exhibit A) by NBS Government Finance Group. Staff has reviewed the proposal, and determined that NBS Government Finance Group possesses the necessary skills and qualifications to provide these services. Therefore, staff recommends that Council approve the attached agreement (Attachment 1) between the City and NBS Government Finance Group for the provision of administrative services. FISCAL IMPACT: The cost of the contract is not to exceed $13,000 per year for three years. Costs for these consultant services are budgeted for annually in the City’s adopted budget. All costs of the contracts, as well as related City staff costs, will be reimbursed by the property owners within the assessment districts. EXHIBITS: 1. Resolution No. a 1 -d / r p ap roving the agreement between the City and NBS Government Finance Group for the provision of assessment district administrative services. 2. Agreement or 1915 Act Assessment District Administrtion Services (NBS Government Finance Group, NBS/GFG) I- 1 RESOLUTION N0.2001-218 RESOLUTION OF APPROVING THE AGREEMENT BETWEEN 2 THE CITY AND NBS GOVERNMENT FINANCE GROUP FOR THE PROVISION OF ASSESSMENT DISTRICT ADMINISTRATIVE SERVICES 3 4 WHEREAS, the City Council of the City of Carlsbad, California has determined that 5 it is necessary and in the public interest to provide assessment district administrative services 6 for various assessment districts; and 7 WHEREAS, the Purchasing Officer has waived the requirement for multiple 8 proposals as allowed under Section 3.28.150; and 9 WHEREAS, NBS Government Finance Group possesses the necessary skills to 10 provide these services to the City of Carlsbad; and 11 WHEREAS, NBS Government Finance Group has agreed to provide these services 12 under the terms and conditions of the agreement attached hereto. 13 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, 14 California as follows: 15 1. That the above recitations are true and correct. 16 2. That the agreement attached hereto as Attachment 1, and made a part hereof, is 17 hereby approved. 18 /II 19 20 21 22 23 24 25 26 27 28 1 2 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 3. That the Mayor is hereby authorized to execute the attached agreement between the City of Carlsbad and NBS Government Finance Group to provide assessment district administrative services. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 24th day of July I 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaaand Hall. NOES: None. ABSENT: None. CLAUDE A. LEWIS, Mayor 3 ATTAC- 1 AGREEMENT FOR 1915 ACT ASSESSMENT DISTRICT ADMINISTRATION SERVICES (NBS Government Finance Group, NBS/GFG) THIS AGREEMENT is made and entered into as of the 1st day of Auqust 20=, by and between the CITY OF CARLSBAD, a municipal corporation, (“City”), ’ and NBS GOVERNMENT FINANCE GROUP (NBS/GFG), a corporation, hereinafter referred to as “Contractor.” RECITALS A. City requires the professional services of a Contractor to provide the necessary administration and related services for .I915 Act Assessment Districts Alga Road, College Boulevard, Carlsbad Ranch, and Ranch0 Carrillo. B. Contractor has the necessary experience in providing professional services and advice related to assessment districts. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor 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 attached Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor’s profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof in an amount not to exceed thirteen thousand OO/lOO dollars ($13,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 1 City Attorney Approved Version W4.11 .Ol 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-nine thousand 00/I 00 dollars ($39,000), subject to the annual appropriation of funds by the City Council. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A”. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A”. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor’s work unless specifically noted to the contrary in the subcontract and approved in writing by City. 2 City Attorney Approved Version #04.11 .Ol 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services. 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 section, and that this section will survive the expiration or early termination of the Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will 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. 10, l Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. 10.1.1 Commercial 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 will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor’s work for City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3 City Attorney Approved Version #04.11 .Ol 10.1.3 Workers’ Compensation and Emplover’s Liability. Workers’ Compensation limits as required by the California Labor Code and Employer’s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer’s Liability insurance will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative City Attorney Approved Version #tO4.11.01 4 of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: LISA HILDABRAND MIKE RENTNER FINANCE DIRECTOR MANAGING DIRECTOR CITY OF CARLSBAD NBS GOVERNMENT FINANCE GROUP 1635 FARADAY AVENUE (NBSIGFG) CARLSBAD, CA 92008-7314 41661 ENTERPRISE CIRCLE NO., #225 TEMECULA, CA 92590 (760) 602-2430 (909) 296-l 997 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. 5 City Attorney Approved Version #04.11 .Ol 8 Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not othewise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #04.11 .Ol 20. TERMINATION In the event of the Contractor’s failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to 7 City Attorney Approved Version #04.11 .Ol act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 8 City Attorney Approved Version #04.11 .Ol 26. 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. UIUd S&/P&~ (print name/title) ’ f,yp3J-. . * ’ (sign here) LORRAINE M. W@tl 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. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: RONALD R. BALL, City Attorney By: UK. H&h Deputy City Attorney City Attorney Approved Version M4.11 .Ol EXHIBIT A June 252001 Ms. Helga Stover Senior Accountant CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008-73 14 Subject: Agreement to Provide 1915 Act Assessment District Administrution Services Dear Ms Stover: The NBS Government Finance Group (“NBS/GFG”) is pleased to submit this agreement to provide 1915 Act Assessment District Administration Services to the City of Carlsbad (the “City“). Please find attached two (2) copies of our Executed Agreement. Upon signing return one copy to the undersigned and keep one copy for your records. Assessment District Administration Services are to be provided for the following districts: + College Boulevard (A.D. 85-2) + Alga Road (A-D. 88-l) + Carlsbad Ranch (A.D. 95-l) + Ranch0 Carrillo (A.D. 96-l) SCOPE OF SERffCES I1915 Act Assessment District Administration Services I EXPERTRESOURCE. First and foremost, NBS/GFG will act as the City’s “expert resource,” and is available to answer questions and advise the City on particular issues involving the Assessment Districts. DATA COLLECTION. NBS/GFG will gather and review data relevant to the administration of the districts. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information. COST RECOIWW. NWGFG will identify all costs associated with the administration of the Assessment Districts and recover those costs through the levy process as outlined in $8682 and $8682.1 of the California Streets and Highways Code. These costs may include, but not be limited to Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees, and expenses of the City and its consultants related to the administration of the districts. 41661 Enterprise Circle North, Suite 225, Temecula, CA 92590 909.296.1997 800.676.75 16 Fax 909.296.1998 Temecula San Francisco FUN.. ANALYSIS. NBs/GFG will determine the balance requirements and acquire the current cash balances for the districts. We will make recommendations to ensure that the flow of funds and fund balances are in compliance with bond documents. Cash flow analysis will also be performed to determine any levy shortfall or surplus. ANNUAL ASSESSMENTLEVY. NBSIGFG will calculate the annual assessment levy for each parcel in each of the districts and submit the amount for each parcel to the County in the format and medium (i.e. tape, diskette) required by the County Auditor-Controller. RESUBMZSSZON OF REJECTS. WGFG will research the status of any parcels rejected by the County Auditor-Controller, and resubmit corrected data for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection wil1 be invoiced directly, with payment directed to the City. d4WNTm ASSESSMENT DZSTRICT DATA. MWGFG will annually track all parcel changes to ensure that all changes are documented. Historical parcel change and assessment apportionment data will he maintained by MQVGFG. ANZWAL REPORT. NBS/GFG will provide a comprehensive Annual Report that will show a detail listing of the amounts submitted to the levy or directly billed for collection, details of delinquent assessments, fund analysis, paid off parcels and release of hens, all bond call activity, and assessed valuation information. DELZNQUENCY MONITORING. NBs/GFG will provide the City with a comprehensive list of delinquencies after each installment becomes due. This report will show delinquency percentage as well as a detailed list of each delinquent parcel. PREPAYMENT CALCVLATZON/AMORTlZATZON SCREDULE. NBWGFG will provide assessment prepayment calculations and amortization schedules to interested parties. The requester will pay the cost of this service; however, there will be no charge to the City or property owners. BOhll CALLS. NM/GFG will prepare the spread of principal to be called within maturities for all bond calls and coordinate the calf with the Paying Agent/Trustee. ZtEUASE OF LIENS. NBS/GFG will prepare all documents required to release the liens of parcels that have prepaid the assessment or where the City has matured. TOLL-FREE PHONE NUMBER. NBS/GFG will provide a toll-free phone number for use by the City, other interested parties and all property owners. Our staff will be available to answer questions regarding the formation and ongoing collection of assessments for the districts. Bilingual staff is available for Spanish-speaking property owners. COUNTY ASSESSOR REZWRT~G. NBSIGFG will work with the County Assessor to aid in complying with the requirements of Revenue & Taxation Code 163. This includes providing data such as parcel number, original assessment and current principal balance to the County Assessor. NBS Government Finance Group Page 2 Cwlatiid 1915 4-25-01.dw State of California County of Name and Title of Officer (e.g.. “Jarie Doe, Notary Public”) pertonally appeared 9 Name(s) of Signer(s) q personally known to me JGk$roved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) IS P re subscribed to the within instrumen and acknowledged to me that&&he/they executed the same in is her/their authorized capacity(ies), an B 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 mv hand and official seal. 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nam-ed Above: Capacity(ies) Claimed by Signer Signer’s Name: Cl Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here Q 1999 Nsticml Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsw~. CA 91313-2402 * www.na!halrwtary.og PWJ. No. 590, Rem&c Call Toll-Free l-8094376-6827 State of California Ei$ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) is/w subscribed to the within instrument and acknowledged to me that he/N executed the same in his/+mMlu& authorized capacity- and that by hi&u&hair signature(s) on the instrument the person(e), or the entity upon behalf of which the person(+ acted, executed 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual El Corporate Officer - Title(s): Cl Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Assc&tion - 9350 De Solo Ave.. P.O. Bax 2402 - Chakworth. CA 913i324GZ * wvm.na”cdnoiaryoq Prod. No. 5997 ACORD, CERTIFICATE OF LIABILITY’INSURANCE D*=(um D9/21/2000 PR- c909)587-6800 (909)587-6001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Accurate & Divine Inturanct Service ; ONLY AND CONFERS NO RlGHTS UPON THE CERTIFICATE R P 0 Box 890760 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE FOLlClES BELOW. Tcmccul a, CA 92589-0760 1NSURERS AFFORDING COVERAGE INSURED NBS Govtrnmtnt Finance Group 41661 Enterprise Circl t North, Suite 22s INsuRERk Northern Ins..Ct of Ntu York INSURER Bz Golden Eagl t Insurance Corp. INSURERC: Ttmtcula, CA 92590 I INSURERR INSIJRER t c :OVERAGES THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE - PERIOD INDICATED. NOIWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCWENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE HSURAME AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALLTHE TERMS. EXCLLlSlDNS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAlD -. TYPE Oc INSURANCE aENERu.wLm I PQUCV NUMBER PAS36809920 Al I I GEN’L AGGREGATE UMIT AF’PLlES PER PQLICY PRO. JUT AUTOMOllLE LlASUJlY - LCC ps36809920 tl ANYAUTO ALL OWNED AUTOS x NQN.WVNEQAUTQS 1 OARAOELUslllTY , MYAUTO I I IESCRIPTION OF OPERA~~!JNSJL~~~ONS~VEH~CLES~EXCLU~~S ACOED BY ENWRSEN Except 10 days notxt of canctllatlon for non-pa! I I 1 PRcPEmYQAMAoE B-W S I AUTQCULY-EA- 1 S l?i!iFsY EAAcc(s AGG S EACHOCCURRENCE IS AGGREGATE IS I CERTlFlCATE HOLDER 1 1 AQWIQNAL INSURER INSURER LEITERz CANCELlATlON I SH0W.Q AI)KOf THE ABQVE DESCRIBED PCUCIES BE CANCeLLDDEEFORllHE I -IAL PROVISIONS tnt. THEREQP, ml? lsslJlNo COMPANY WILL ENQEAVQR TO Mm City of Carlsbad Attn: Htlga Stovtr 1635 Faraday Avt Carlsbad, CA 92008-7314 OR RdRE@3WATlVE& REFRESENTATIVE I I I I ACORD 25-S (7/97) @WORD CORPORATION 1933 amco-Calzona Ins. Service, Inc. iO51 Canyon Crest Dr. #ZOO Liverside, CA 92507 41661 Enterprise Cir N X 225 Temecula, CA 92590 F* j nP8oFlNuJRMa m!!-- ki:cAyz ;...,.., OWNERS6 co-s PRol : : : i . . . ...! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : j..+r- UMnJTY i......, ANr- i......; Au-- : -Aulo8 i ; . . . . . ..I i . . . . . . . i -- i ~Nc#wmEo- z...... < : i ; . . . . . . 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FalcYerennra~PMYDarumm~ MTe(wwonv) i MTEV ; uMIr8 ~OEMML-lS 1 . . is . . . . ..e.................................... +.. . . . . . . . . . . . . . . . . ..,. . . . . . . . . . . . . . . . ~P8owcTs.ConrPuoPAooK#iil .y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . ..I..................... :Pm8oMuLAwsuJl?Y is : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p ,................................... ~Ma-l- ; IS . . . ...” . . . . . . . . . . . . . . . . . . . . . . . ..-........ * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :FmEoAMAo8@nyomllw is i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !. . . . . . ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iMB)uP@nyocwPamon) is ~CtOMlHOS8JE8uIT i$ i8UXYNJURY i (prpma) is i...“.” . . . . . . . . . . . . . . . . . . . . . ..-........... i . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . ;~eo#vlNJlJlW j6r- i EEAMMx#M :$ > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . ~ .-........... 2!F!E?z:..E.F i s . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . i a#LIEA(IE-EAEMPwYEEi s i $2,000,000 Each Wrongful Act og/04/20~ i 09/04/2001 i $2 ,OOO,O~ Annual Aggregate 8HWlBWOTlWMOVEDPOlES8~CNlCEUO88FORE~ cxPmmoNM~-, ml88lm8cawbNYwxLerwAMlrro~ CITY OF CARLSBAD 30 CUVI-mnmmnw canF#MlEHoum-loTn8LEFc Al-TN: HELCA STOVER 8lJTFNLURETOwAlL8UCRROllCE8HAUlhlPO8ENO-TlONoII~ 1635 FARADAY AVE. CARLSBAD, CA 92008-7314