October 15, 2024, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 15, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works 1,'\;r
Michael Obermiller, Public Works Operations Manct&,er
(858) 668-4722 or [email protected] ~
CITY COUNCIL
Award of Agreement to NBS Government Financial Group dba NBS for Annual Levy Process for Special Districts and Fire Protection Special Tax; RFP No. 25-003 A request for proposals (RFP) for the Annual Levy Process for Special Districts and Fire Protection Special Tax, RFP No. 25-003, was duly advertised on July 25 and August 1, 2024. Three (3) proposals were received and opened on August 22, 2024. Staff reviewed the proposals submitted and selected NBS Government Financial Group dba NBS as the company providing the best value for the annual levy process for special districts and fire protection special tax services. Staff determined NBS to be responsive and qualified to provide these services. The term of the Agreement is for two (2) years beginning January 1, 2025, through December 31, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Annual Levy Process for Special Districts and Fire Protection Special Tax, RFP No. 25-003 to NBS Government Financial Group dba NBS, and authorize the City Manager to execute the necessary documents.
Discussion:
The City utilizes a consultant to assist with the annual levy process for the City's Special Districts (i.e., Landscape and Lighting Maintenance) and the Fire Protection Special Tax. This includes the preparation of the state required engineer's reports.
The City has six (6) Landscape Maintenance Districts (ten including subzones) and one (1) Lighting District with three zones. The levy process for the City's Landscape and Lighting Maintenance Districts must be completed pursuant to the provisions of the City of Poway's Resolution No. 00-034 and 00- 035 (Policies for Landscape and Lighting Maintenance Districts), and the California Landscape and Lighting Act of 1972 and its amendments (Proposition 218) all of which are hereinafter called collectively "Assessment Law." Assessment Law requires the City to annually prepare an engineer's 1 of22
October 15, 2024, Item #5
report for each of the six (6) Landscape Maintenance Districts and the Lighting District to fund maintenance and operations requirements through assessments. Funding amounts for these reports come from each district and cost varies according to the unique needs and requirements therein. The City contributes General Benefit funding to each district from the General Fund.
The Fire Protection Special Tax, approved by the voters in 1997, is collected annually in accordance with Chapter 3.20 of the Poway Municipal Code. Using information provided by the Fire Department, the firm selected will be responsible for preparation of the Fire Protection Special Tax per parcel, including those parcels that are not listed on the property tax rolls.
Three (3) proposals were received and opened on August 22, 2024. Staff determined NBS best meets the City's requirements. Because of the type of Agreement, the City is not bound by cost alone. Other factors considered were team expertise, statement of services, reference evaluation, consultant information and experience. The bid results from the proposals received are included in the table below:
Webb Municipal NBS Government Willdan Financial Financial Group, dba Finance, LLC NBS Services, Inc.
Landscaping & Lighting $15,000 $16,250 $20,000 Assessment District Fire Protection Special Tax $3,000 $5,800 $4,000
The term of the initial Agreement is two (2) years beginning January 1, 2025, through December 31, 2026. The Agreement may be extended subject to City Council appropriation of funds for a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.
Copies of all proposals are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total fee per year is not to exceed $22,050 for the first two years of the Agreement. Sufficient funds are available in Fiscal Year 2024-2025 Adopted Budget in the 41200 Account in the following Landscape/Lighting Assessment Districts Funds: 2590, 2610, 2620, 2630, 2710, 2740, 2750, 2760, 2770, 2780, 2790, and Fire Protection Fee General Fund 1000.
Public Notification:
None.
Attachments:
A. Standard Agreement
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October 15, 2024, Item #5
Reviewed/Approved By:
t.:bKa~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
October 15, 2024, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of October 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and NBS GOVERNMENT FINANCIAL GROUP OBA NBS (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Annual Levy Process for Special Districts and Fire Protection Special Tax; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of22 ATTACHMENT A
October 15, 2024, Item #5
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it 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 the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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October 15, 2024, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
October 15, 2024, Item #5
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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October 15, 2024, Item #5
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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October 15, 2024, Item #5
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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October 15, 2024, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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October 15, 2024, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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October 15, 2024, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: ------------Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
NBS GOVERNMENT FINANCIAL
GROUP DBA NBS
By:------------
Stephanie Parson, Director
Date: ------------
By: ____________ _
Alan Fenstermacher, City Attorney
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October 15, 2024, Item #5
A. Scope Of Work.
"SPECIAL PROVISIONS"
EXHIBIT "A"
The City is seeking a qualified firm to complete all requirements, including preparation of Engineer's Reports, for the City's Special Districts (i.e., Landscape and Lighting Maintenance) annual levy process and, as a separate project, for the Fire Protection Special Tax annual levy process. The engineer's annual levy report shall be prepared by a registered civil engineer.
The City has six Landscape Maintenance Districts (ten including subzones) and one Lighting District with three zones. The breakdown of each District for Fiscal Year 2024-25 is as follows:
District Type of Assessment Number of Total Assessments Parcels FY 2024-25
83-1 Zone A Residential 1,391 $164,805.68
83-1 Zone B Commercial 15 $23,226.00
83-1 Zone C Residential 26 $12,900.16
86-1 Zone A Residential 950 $230,888.00
86-2 Zone A Residential 110 $20,477.60
86-2 Zone B Residential 168 $61,081.44
86-3 Zone A Residential 159 $25,917.00
86-3 Zone B Commercial 15 $16,211.64
87-1 Zone A&B Commercial/Residential 196 $41,293.28
19-1 Commercial 317 $778,393.66
Zone Lighting A Commercial/Residential 11,802 $329,950.02 Zone Lighting B Commercial/Residential 3,218 $14,542.40 Zone Lighting C Commercial/Residential 15,021 $350,250.32
1. Annual Levy.
The levy process for City's Landscape and Lighting Maintenance Districts must be completed pursuant to the provisions of the City of Poway Resolution Nos. 00- 034 and 00-035 (Policies for Landscape and Lighting Maintenance Districts), and the "Landscape and Lighting Act of 1972," applicable provisions of "Proposition 218," all of which are hereinafter called collectively "Assessment Law." Assessment Law requires the City to prepare annually Engineer Reports for each of the six Landscape Maintenance Districts (ten including subzones) and one Lighting District (three zones) to fund maintenance and operations requirements through assessments. Funding amounts for these reports come from each District and cost varies according to the unique needs and requirements of the District. The City contributes General Benefit funding from its General Fund. The scope of work for each of the Districts would include:
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a. Research the Districts history.
b. Preside over an annual kick-off meeting with City staff to review the existing District information
October 15, 2024, Item #5
c. Prepare an annual levy timeline to meet County Assessor deadlines. d. Review and finalize the District budgets provided by the City and coordinate with City staff to assist with accurate cost-recovery accounting. e. Maintain and update a parcel levy database by using the county parcel information.
f. Provide an Annual Levy Engineer's Report prepared by a registered civil engineer for each District, including:
i. Compliance with current legislation
ii. Improvements authorized by the 1972 Landscape and Lighting Act
iii. Description of the District:
1. Boundaries of the District
2. Description of the District improvements
3. Properties benefiting from improvements
iv. Method of apportionment:
1. General Benefit Analysis
2. Special Benefit analysis
3. Assessment methodology
4. Maximum assessment rate
v. District budgets
vi. District assessment diagram
vii. Assessment roll
g. Prepare for and attend LMDs collection of Levy City Council meetings. h. Submission of assessment rolls to the San Diego County Tax Assessor's office by August 10 of each year.
i. Hand billing for those parcels not on the property tax rolls and delinquent property owner research.
j. Reconciliation of parcels from the County's rejected listings.
The City will supply previous years Engineer's Report(s), assessments rolls and boundary and assessment diagrams in digital format.
2. Fire Protection Special Tax.
The Fire Protection Special Tax, approved by the voters in 1997, is collected annually in accordance with Chapter 3.20 of the Poway Municipal Code (see Appendix B). The firm selected will be responsible for preparation of the Fire Protection Special Tax per parcel, including those parcels that are not listed on the property tax rolls. The Fire Chief shall determine the use of the parcel and calculate the fire flow and supply the records of the calculation for all commercial, institutional, irrigated and vacant acreage subject to the Fire Protection Special Tax. Parcels not on the list will be hand billed. In past years there have been less than 50 parcels in this category. The breakdown of the Fire Protection Special Tax is as follows:
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October 15, 2024, Item #5
District Points Unit Price Number of Total
per Point Parcels Assessments
Fire Protection Special Tax 225,695 $3.12 15,077 $647,039.98 The scope of services for the Fire Protection Special Tax project would include:
a. Preside over an annual kick-off meeting with City staff to review the existing district information (may coincide with meeting for Project #1 if applicable)
b. Prepare a fire protection timeline to meet County Assessor deadlines. c. Maintain and update a parcel levy database by using the parcel information.
d. Prepare assessment roll using the per-parcel special tax amounts to be provided by the City.
e. Submission of assessment rolls to the San Diego County Tax Assessor's office by August 10 of each year.
f. Hand billing for those parcels not on the property tax rolls. g. Report Preparation.
h. Reconciliation of parcels from the County's rejected listings. i. Prepare for and attend City Council meetings.
The City will supply previous years' assessments rolls in digital format.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated August 22, 2024, which are included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. 15 of 22
October 15, 2024, Item #5
C.
Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
January
1,
2025,
and
ending
December
31,
2026,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
three
(3)
additional
one-year
periods
upon
approval
in
writing
of
the
City
Manager
and
Contractor.
Award
of
the
Agreement
and
any
Agreement
extensions
are
subject
to
City
Council
appropriation
of
funds.
Each
renewal
period
(fiscal)
after
the
first
term
of
the
agreement,
the
Contractor's
costs
shall
be
adjusted
based
on
the
annual
change
in
the
previous
calendar
year's
Consumer
Price
Index
for
the
San
Diego-Carlsbad
area
(All
Urban
Consumers
CPI-U)
or
5%,
whichever
is
less.
The
first
adjustment
would
occur
no
earlier
than
January
1,
2027.
Upon
expiration
or
termination
of
this Agreement,
Contractor
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Contractor's
Insurance.
1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability.
including
premises-
operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract with
City."
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October 15, 2024, Item #5
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
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City of Poway
P.O. Box 789
Poway, CA 92074
NBS Government Finance Group,
OBA NBS
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
October 15, 2024, Item #5
Item No.
1 2
3 4
5 6
7 8
9 Total
Item No.
10 11
12 13
14 15
16 17
18 19
Total
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ATTACHMENT 1
FEE SCHEDULE
Annual Le~~-Plio&ess foli Special Districts Rates
Task
Research District History/ Kickoff Meeting
Prepare Annual Levy Process Timeline
Review and Finalize Budgets
Provide Parcel Levy Database
Benefit Assessment & Prepare Engineer's Report
Council Meeting
Submit Rolls to County
Delinquent Property Owner Research & Prepare Hand Bills Research Rejected Parcels
Fire Protectiom Special Tax Project Rates
Task
Kickoff Meeting
Prepare Fire Protection Special Tax Timeline
Provide Parcel Levy Database
Prepare Assessment Roll
Submit Rolls to County
Prepare Hand Bills & Delinquent Property Owner Research Report Preparation
Research Rejected Parcels
Council Meeting Preparation and Attendance
Property Owner Inquires
(Remainder of page intentionally left blank)
Fee
$750
$500
$3,500
$3,500
$3,500
$1,000
$500
$1,500
$1,500
$16,250
Fee
$250
$250
$1,000
$1,000
$250
$500
$750
$300
$500
$1,000
$5,800
October 15, 2024, Item #5
Professional Staff Hourly Rates
Item No. Position Fee
20 Managing Director $250
21 Vice President/Principal Consultant NIA
22 Engineer $225
23 Project Engineer $225
24 Senior Manager $250
25 Manager $200
26 Senior Project Analyst $200
27 Senior Assoc./Senior Analyst N/A
28 Associate/Analyst $150
29 Research Associate/ Assistant Analyst NIA
30 Customer Service Representative $110
31 Support Staff $100
32 GIS/Database Support $200
Total $1,910
(Remainder of page intentionally left blank)
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October 15, 2024, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans> Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions {a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
{d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. {e)
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{1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received October 15, 2024, Item #5
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
October 15, 2024, Item #5
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 o(the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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