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HomeMy WebLinkAboutNBS Governmental Financing - 2014-06-03AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NBS GOVERNMENT FINANCE GROUP FOR FULL COST ALLOCATION AND FEE STUDY ANALYSIS SERVICES This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and NBS Government Finance Group, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated April 3, 2014, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NBS GOVERNMENT FINANCE GROUP FOR FULL COST ALLOCATION AND FEE STUDY ANALYSIS SERVICES," which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect additional compensation, NOW, THEREFORE, IT IS AGREED by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum of Ten Thousand Dollars ($10,000.00), for a total not to exceed amount of Fifty-nine Thousand Three Hundred Fifty-eight Dollars ($59,358.00). RLS 7/l/16/16-5337/139334/MV I 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers. CONSULTANT, NBS GOVERNMENT FINANCE GROUP ME print name ITS: (circle one) Chairman/President/Vice President ►1 CITY OF HUNTINGTON BEACH, a munici 1 porgoration of the State of California City an g vj d wt -3 Z of Financial Officer (Pursuant to HBMC §3.03.10) APPROVED AS TOIAORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer City Date RECEIVE AND FILE: 7�2 COUNTERPART 4� City Clerk � Date ,f RLS 7/l/16/16-5337/139334/MV 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, NBS GOVERNMENT FINANCE a municipal corporation of the State of California GROUP By: City Manager print name ITS: (circle one) Chairman/Presid <t/Vic:P:r siden� Chief Financial Officer (Pursuant to HBVC §3.03.10) =Secre me ITS: (circle oniChief Financial Officer/Asst. Secretary - Treasurer RLS 7/1/16/16-5337/139334/MV 2 APPROVED AS T01 AORA City Agorney Date: Z Z G // RECEIVE AND FILE: City Clerk Date NBSGOVE-01 PA2 CERTIFICATE OF LIABILITY INSURANCE 9/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ( REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ithe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OB23506 (858) 869-8300 'Vanorsdale Insurance Services i 6165 Greenwich Drive, Suite 200 San Diego, CA 92122 ! 1 OM ACT _ NAME Janet Darby PHONE- Ate. No. Ex! 858-869-8300 ;arc. No :8S8-869-8301 Ed.1A1L. _ ADDRESS admin(a'vanorsdale.com INSURERIS) AFFORDING COVERAGE EE I NAIC p INSURER A:Hanover Insurance Company �22292 INSURED NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 INSURER e:Allmerica Financial Benefit 1141840. INsuRER c:Gemini Insurance Company �10833 _ INSURER D: — INSURER E. • ^+ INSURER F I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INISURA14CE LISTED 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 If 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. IL- TYPE OF INSURANCE--_-.�� T R-AJ`JLV I LTR 0f1"Fr V --- �.......-- POLICY EFF POLICY EXP-----�� i POLICY NUMBER MMrDD�YYYY1' (MMrDDrvyyri i LIMITS A X COMMERCIAL GENERAL LIABILITY a -- ( EACH OCCURRENCE $ 2,00000 �OH3A43196301 CLAIMS -MADE X OCCUR X '-DAMAGETO'aENTED 9/24/2015 9/2412016 2 2,000,00 PREMISEa '— i� MED EXP (Any one person) i $ 10,00 — PERSONAL & ADV INJURY I $ 2,000,00 GEN'L AGGREGATE -IMIT APPLIES PER: AGGREGATE 9 $ 4,000,00 POLICY I X LOC JEC _GENERAL PRODUCTS - COMP/OP AGG $ 4,000,00 } _ I$ - AUTOMOBILE LIABILITY - i B X ANY AUTO ' I •ROMBIK1 D SIhNGLE LIMIT $ 1,000,00 (Ea occ',^oM - - �AW3A42745801 9/2412015 9124/2016 I BODILY INJURY (Per person) $ { ALL �-1 SCHEDULED A U OS -i AUTOS OS BODILY INJURY (Per accident) $ _ NON-OWNED HIRED AUTOS AUTOS i I PROPERTY DAMAGE I -(Per a._d9n11 $ � I! I � I i � ► I I$ .I X I UMBRELLA DAB X OCCUR 1 EEACH OCCURRENCE I$ 1,000900 _J (A !EXCESS LIAB CLAIMS-MADEI OH3A43196301 I 9/24/2015 9124/2016 ; AGGREGATE j $ i '-DED RETENTION' $- i WORKERS COMPENSATION ' I i _ X PER i1RE i ORTH- I R AND EMPLOYERS' LIABILITY ,Y ! N A ZANY PROPRIEfORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑' N 1 A I WH3A42745701 9/2412015 912412016 E.L. EACH ACCIDENT $ 1,000,00 - (Mandatory in NH) I ' EA_ DISEASE - EA EMPLOYEE $ 1,000,00 It Yes, describe under DESCRIPTION OF OPERATIONS below _ 1 - EL DISEASE - POLICY LIMIT 11, ,000,00 C Professional Liability F !VCPL063882 j 9/2412015 9/2412016 :Each Wrongful Act $2,000,00 C IProfessional Liability ' I 1I }VCPL063882 9/24/2015 9/24/2016 :Annual Aggregate $2,000,00 II r DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required) ISee attached page. APPROVED AS E. GATES /ICHAEL CITY ATTORNEY CM OF HUNTINGTON BEACH CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main Street Huntington Beach, CA 92648- AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS - NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 NBSGOVE-01 PA2 PAGE 1 OF 1 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- ity of Huntington Beach is named additional insured regarding General Liability for operations of the named insured. lanket forms apply when required by written contract: ENERAL LIABILITY: dditional Insured -Special Broadening Endt: 391-1006 06 09 dditional Insured -Completed Operations: 391-1602 12 11 rimary & Non -Contributory: 391-1331 06 09 /giver of Subrogation: BP0497 07 02 UTO: dditional Insured: 461-0478 12 12 rimary & Non -Contributory: 461-0478 12 12 /giver of Subrogation: 461-0500 11 13 FORKERS' COMPENSATION: laiver of Subrogation: WC040306 4-84 ,ERTIFICATE ISSUED DUE TO POLICY RENEWAL' POLICY #OH3 A431963 BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES limits Page 1. Additional insured by Contract, Agreement or Permit 1 2. Additional insured — Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage -• Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury — Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggreg^ate 3 9. !Unintentional Failure to Disclose Hazards 5 10, Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners CpveWe Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or Permit Under SECTION Ii — LIABILITY, C. Who is An Insured, Paragraph 4, is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The arts or omissions of those acting on your behalf, but only with respect to'. (3) "Your work' forthe additional i,zsured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement Or permit, b. This provision does not apply: (It Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury', "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy', (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage" or "personal and advertising injury" arises out of the sale negligence of the lessor,- (5) To any: (a) Owners or other interests from whom land has beer, leased which takes 391-1006 06 09 includes copyrighted mraleriai of Insurance Servi es Ohice_ Inc, Page 1 of 5 place after the tease for that land expires; or (b) Managers or lessors of premises IF: (i) The occurrence takes place after you cease to be a tenant in that premises; or (it) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION Il -- LIABIUTY, C. Who Is An Insured, paragraph 5. is added as follows. . 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury` or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The Insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract of agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; In. Any express warranty unauthorized by You. c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make; or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with; the sale of the product; g. products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h "Bodily injury" or "properly damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5. d. or 5. f. ; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3, Alienated Premises Under SECTION 0 — LIABILITY, R. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION 11 — LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 4. "Bodily injury" means bodily injury, disaoility, sickness or disease sustained by a person, including death resulting from any of these at any time, "Bodily Injury' includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators 391-1006 06 09 Includes copyrighted ma'.erlal of fnsurance, Services Office, Inc. Page 2 of 5 a. Under SECTION 11 — LIABILITY, B. Exclusions, paragraph 1.k., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION 11 — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "Custorners goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insuranoe afforded under this provision Is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. G. Incidental Malpractice — Employed Nurses, ENtT's and Paramedics Under SECTION I1 — LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedlcal, surgical, dental, x- ray or nursing services. T Personal and Advertising Injury— Broad Form Under SECTION 11 — LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only it such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", nor to the employment, prospective employment or termination of any person or persons by an insured. 8, Product Recall Expense a. Under SECTION 11 — LIABILITY, B. Exclusions, Paragraph 1. o, is replaced in its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The exception to the eyclusion does not apply to "product recall expenses' resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (8) Recall of 'your products" that have no known or suspected defect solely because a known or suspected defect in another of 'your products" has been found. b, Under SECTION 11 — LIABILITY, C. Who Is An Insured, paragraph 4.c. is added as follows: e. 'Bodily injury" of "property damage" do not apply to "product recall expense' arising out of any withdrawal 391-1006 06 09 ir: iu�e4 c ry'iwnt +net r;:.i a; 1=it>urance 5ervir�s Uf+ca. Inc_ Pane 3 of 5 or recall that occurred before you acquired or formed the organization. c. Under SECTION 11 — LIABILITY, E, Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph a. is added as follows: e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of `your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that at[ such products are free from defects that could be a cause of loss under this insurance. d. Under SECTION 11 — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: 'Covered recall' means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your producf' has resulted or will result in "bodily injury" or "property damage". "Product recall expense(s)" means: a. Necessary and reasonable expenses fo r: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular 'employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (6) Expenses incurred by °employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily Injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". e. Under SECTION 11 — LIABILITY, D. Liability and Medical Expenses Limits of insurance, the following is added: 5, The Limits of insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection With any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemied to arise out of the same defect or deficiency and considered one "occurrence". (b) Any amount reimbursed for "product recall expenses" in connection with any one `occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by 391-1006 06 09 iqalu-es opyriy ht ci Malaria' of i=zsura cce F rvi;;es D€tic:E, it c, Page 4 of 5 reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence". 9, unintentional Failure to Disclose Hazards Under SECTION 11 — LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: S. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION 11 — LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 391-1ooG oli og Includes copyrighted material of Insurance Services Office, Inc. page 5 of 5 POLICY #OH3 A,431963 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOV1rNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of .Comple;ted.Operations ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRITTEN CONTRACT, WRITTEN AGREEMENT- OR PERMIT. I. Information required to complete this Schedule, if not shown above, will be shown in the declarations,. The following is added to Paragraph C. Who Is An Insured in Section II — Ltabillty: Any person(s) or organization(s) shown in the Sched- ule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement perforcned for that additional in- sured and included in the "products -completed opera- tions hazard". 391-1602 12 11 induces cop rri hwi .-aerial o; insur an e Services Cf f r:es, Inc., w i ;is PwM' s sk% n Page 1 of 1 0 POLICY #OH3 A931953 OTHER INSURANCE ; PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to SECTION III — COMMON POLICY CONDITIONS,. M. Other insurance (b) Tnat is Fire insurance for 1. Additional Insureds premises rented to t`}_ Additional insured or temporarily occupied If you agree in a written contract, written by the Additional Insured with agreement or permit that the insurance permission of the owner, provided to any person or organization (c) That is insurance purchased by included as an Additional Insured under the Additional Insured to cover the SECTION lI - LIABILITY, Part C — Who is An Additional Insured's liability as a Insured, is primary and non-contributory, the tenant for "property damage" to following applies: premises rented to the Additional If other valid and coltectibie insurance is Insured or temporarily occupied available to the Additional tnsured for a loss by the Additional Insured with we cover under SECTION it — LIABILITY, permission of the owner, or Part A_ Coverages, Paragraph 1., Business (d) If the loss arises- out of the Liability our obligations are limited as follows; maintenance or use of aircraft, a, Primary Insurance "autos" or watercraft to the extent This insurance is primary to other not suo ect to Exclusion g. of II — LtAi3ilITY, Part A, insurance that is available to the Coveres, 4. Business Coverages, C Additional Insured which covers the Liability, Additional Insured as a blamed Insured. We will not seek contribution from any When this insurance is excess, we will other insurance avaitable to the Additional have no duty under SEC71ON It — Insured except-, LIABILITY, Part A. Coverages, 1. (1) For the sole negligence of the Business Liability to defend the insured "suit" against any if any other insurer has Additional Insured; a duty to de{end the insured against that (2) When- the Additional Insured is an "suit", If no rattier insurer defends, we vain Additional Insured under another undertake to do so, but we will be entitled primary Liability policy; or to the insureds rights against all those (3) Wheri b.(2) below applies. other insurers. If this Insurance is primary, our obligations When this insurance is excess over other are not affected unless any of the other insurance, we will pay only our share of insurance is also primary, Then, we will the amount of the loss, if any, that exceeds the seam of., share with all that other insurance by the method described in b.(3) below. (2) The total amount that all such other b, Excess Insurance insurance would pay for the loss in the absence o, this insurance; and This insurance is excess over. (3) The total of all deductible and self- (1) Any of the other insurance, whether insured amounts under all that other primary, excess, contingent or on any insurance, other basis: We will share the remaining loss, if any, (a) That is Fire, Extended Coverage, with- any-- other insurance that is, -root Buitder's Risk, Installation Risk or described in this Excess Insurance similar coverage for "your work"; provision and was not bought specifically to apply in excess of the Limits of 391-1331 or, 09 IndudLs ,m.Pyrig.l C rnairia of tnsurantx. aim Of:icez. tnr:_ with i:s perrrtis_= Page 1 of 2 Insurance shown in the Declarations of thts Coverage Part. C. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we, will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391-1331 016 09 Includes copyrighted material of Insurance Services Offices, Inc., with Its permi,sion Page 2 of 2 POLICY #OH3 A431963 AH24nover :nsu ante GsouP_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SUSINESSOWNERS COVERAGE FORM SCHEDULE' Name Of Person Or Drganization: ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT. Information required to complete this Schedule, if not shown on this endorsement, will -be shown in the Decf arations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section fit - Common Poi - icy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization. shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing op- erations or "your work" done under a contract with that person or organization and Included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above_ SP 04 97 07 02 Coovrioht. tSQ Prooerties, Inc.. 20-31 Page 1 of 1 POLICY #AVV3 A427458 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following Is added to SECTION II - LIABILITY COVERAGE, Paragraph A.i. Who Is An Insured: Additional Insured if Required by Contract tf you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, such person or organization is an "insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.9.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "insured" is the lesser of: (1) The Limits of Insurance for liability coverage specified In the written contract, written agreement or written perrnit; or (2) The Limits of Insurance for Liability Coverage shown in the Oeclarations applicable to this Coverage Part. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiurrts paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations.. B, The following is added to SECTION IV - BUSINESS AUTO CONOITIONS, Paragraph B. General Conditions, subparagraph 5. Other Insurance: Primary and Non -Contributory It you agree in a written contract, written agreement or written permit that the insurance provided to a person or organization who qualifies as an additional "insured" tinder SECTION it - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured, subparagraph Additional Insured If Required by Contract is primary and non- contributory, the following applies: The liability coverage provided by this Coverage Part is primary to any other insurance available to the additional "insured" as a Named Insured, We will not seek contribution from any other insurance available to the additional "insured" except: (1) For the sole negligence of the additional 'Insured'; or (2) For negligence arising out of the ownership, maintenance or use of any "auto" not owned by the additional "insured" or by you, unless that "auto" is a 'traller" connected to an "auto' owned by the additional, "insured' or by you; or (3) When the additional "insured" is also an additional `insured" under another liability policy. C. This endorsement will apply only if the "accident" occurs: 1. During the policy period; 2. Subsequent to the execution of the written contract or written agreement or the issuance of the written permit; and 3. Prior to the expiration of the period of time that the written contract, written agreement or written permit requires such insurance to be provided to the additional "insured'. D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other "insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 4S 1 •D478 12 12 n s. .v a - rin.* ted fniwmai n( f: O in u- �-.,ices affri�, in;. , with itt of rr - ion Page 1 of 1 Hanover Insurance C:rnrD_ AVV3A4274455 1001554 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAVER OF TRANSFER OF RIGHTS OF RECOVERY AGANST OTHERS TO US (WAVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NRS GOVERNMENT FINANCE GROUP Endorsement Effective Date: 9124/2015 Name(s) Of Person(s) Or Organizaiion(s): ANY PERSON OR ORGANIZATION WHEN REQUIRED BY A WRIT Information required to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. 4£1-0500 11 13 includes copyrighted material of Insurance Services Office, Inc_, with its perression Paget of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA VVe have the right to recover our payments frorn anyone liable for an injury covered by this policy. Vile wiil not enforce our right against the person or organization named in the Srh^dule. (This agireement applies oniv to the extent that you perform work under a.written contract that requires you to ob?ain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 due on such remuneration. Person or Organization ONLY WHERE REQUIRED BY % of the California workers` compensation premium otherwise Schedule Job Description CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The inforntation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/24120I 5 Policy No. Wli 3 - A 4 2 -7 a ; i - 0 ;. Endorsement No. Insured NBS GOVERNMENT FINANCE GROIJP Premium $ insurance Company THE AANOVER INSURANCE COMPANY Countersigned By r l WC 04 03 D6 (Ed. 04-84) RECEIVED AUG 0 2 201E 32605 Temecula Parkway, Suite 100 Temecula. CA 92592 Toll tree 800.676 7 516 (P) 951.296 1997 nbsgov.com July 29, 2016 0 -V Dahle Bulosan Finance Manager/Accounting City of Huntington Beach - 2000 Main Street :? Huntington Beach, CA 92648 = ca Subject: Amendment No. 1 to Full Cost Allocation and Fee Study Analysis Services Agreement Dear Dahle, Enclosed please find one original copy of the agreement referenced above. Please remit one fully executed copy at your earliest convenience to my attention at: Amanda Mitchell NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Please contact me with any questions at 800.676.7516 or contracts(a nbsaov.com. We look forward to working with you on this project! S7/'' ey, pa1' o Lori Ann Farrell l I.4 Director of Finance Amanda Mitchell (714) 536-5225 Contract Administrator loriann.farrell@surfcity-hb.org amitchell c().nbsgov.com TO; �,fA,� C� DATE: ❑ FOR YOUR INFORMATION ❑ PER YOUR REQUEST ❑ FOR REVIEW AND COMMENT ❑ PLEASE HANDLE ❑ SCHEDULE A MEETING TO DISCUSS ❑ PLEASE SEE QUESTION BELOW ❑ OTHER /T- 3 f �y 7�, helping communities fund tomorrow CONTRACTS SUBMITTAL TO __ CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: NBS Governmental Financing Purpose of Contract: Fee Study and Cost Allocation Review Amount of Contract: $49,358 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. E to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: June 3, 2014 G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NBS GOVERNMENT FINANCE GROUP FOR FULL COST ALLOCATION AND FEE STUDY ANALYSIS SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NBS GOVERNMENT FINANCE GROUP, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide services related to a citywide user fee study and full cost allocation plan; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Greta Davis who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs to $49 10/12 1 of 11 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 4 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 12 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Forty Nine Thousand, Three Hundred Fifty Eight Dollars ($49,358). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will. undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. agree/surfnet/professional svcs to $49 10/12 2 of 11 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professionalsvcs to $49 10/12 3 of 11 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professional Svcs to $49 10/12 4ofII waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professional svcs to $49 10/12 5 of 11 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professional svcs to $49 10/12 6 of 11 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Slobojan 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: NBS GOVERNMENT FINANCE GROUP ATTN: Michael Rentner, President/CEO 32605 Temecula Parkway, Ste 100 Temecula, CA 92592 800-676-7516 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional svcs to $49 10/12 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professional svcs to $49 10/12 8of11 provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional svcsto $49 10/12 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs to $49 10/12 10 of 11 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, NBS GOVERNMENT FINANCE GROUP COMPANY NAME By: 1�avE YT- TCN4-k print name ITS: (circle one) Chairman/Presiden ice President AND By: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California % . d".,• LORI ANN FARRELL, DIRECTOR OF FINANCE (Pursuant To HBMC §3.03.100) AP ROVED AS TO FOR M( City Atto LAnAAEl Date 3 -1 rint name ITS: (circle one Secreta / hief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional svcsto $49 10/12 11 of I I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. Full cost, cost allocation plan, identifying citywide overhead costs to all operating departments. This cost plan will be used in the user fee calculations. 2. OMB A-87 cost allocation plan, compliant with OMB A-87 regulations, identifying citywide overhead costs to state or federally funded programs. 3. User fee analysis, for the following departments: • Building & Planning • City Clerk • Community Services • Finance • Fire • Library • Police • Public Works B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: I. Mandatory Project Specifications: FULL COST ALLOCATION STUDY Project tasks shall include, but are not necessarily limited to the following: A. Work and meet with City staff to define and refine the project scope, purpose, uses and goals of the City's Cost Allocation Plan to ensure it is accurate and appropriate to the City's needs. B. Meet with various departmental staff to conduct interviews as needed to gain an understanding of the City's practices and operations. C. Develop a Full Cost Allocation Plan that: • Establishes a full cost allocation methodology for specific administrative overhead costs that will properly reimburse the City's General Fund and estimate the anticipated reimbursements to the General Fund. • Allows for additions, revisions or removal of direct and indirect costs so the cost allocation plan can be easily adapted to a range of activities both simple and complex. EXHIBIT A • Provides the ability to continuously update the plan from year to year to accommodate organizational changes. D. Assist the Finance Department in presenting the draft cost allocation plan to selected City staff and the City Council. It is expected that comments and concerns will be collected during the draft presentation phase for inclusion in a final cost allocation plan and model. E. Provide the City with fifteen bound and one unbound copy of the final cost allocation plan; as well as an electronic copy of the final version, including related schedules and cost documentation in Excel format so it can be updated and/or edited by City staff. II. Desirable Project Specifications: FULL COST ALLOCATION STUDY OMB Circular A-87 Cost Allocation Study The City currently has an OMB Circular A-87 intergovernmental cost recovery plan in place. However, it would be desirable, as a supplemental part of the cost allocation study proposal, for qualified bidders to provide the following: A. A methodology appropriate for the calculation and allocation of an overhead cost rate complying with OMB Circular A-87. B. A study of each program with overhead costs that are borne in whole or in part by the General Fund and that can receive overhead cost reimbursement from State or Federal governments and/or other sources. Software Application for Cost Allocation Plan The City of Huntington Beach desires a software application program which would enable staff to add, delete, or update the final cost allocation plan as needed. The software program should be Windows Operating System compatible with a GUI interface. In addition, consultants would provide the necessary training on the software program to selected staff in the Finance Department. III. Mandatory Project Specifications: COMPREHENSIVE USER FEE AND RATE STUDY Project tasks shall include, but are not necessarily limited to the following: A. Conduct a review of the current comprehensive fee schedule and rate structures for all departments to determine whether the current schedule in place is consistent, objective, and encompasses all areas where fees could be charged. EXHIBIT A B. Meet with staff and conduct interviews where appropriate to gain an understanding of the City's practices and operations. C. Compare service costs with existing recovery levels; identify and report on all current fee and rate levels that are lower than total cost recovery, and determine the necessary and appropriate rate of recovery for all fees by type of fee. D. Survey comparable cities in California as well as neighboring cities; recommend adjustments to current fee levels and/or propose new fees based on the surveys as well as on the consultant's expertise. E. Prepare a draft Comprehensive User Fee and Rate Study and assist the Finance Department in presenting it to selected City staff and the City Council. It is expected that comments and concerns will be collected during the draft phase for inclusion in a final version of the fee and rate study. F. Provide the City with fifteen bound and one unbound copy of the final comprehensive user fee and rate study; as well as an electronic copy of the final version, including related schedules and cost documentation in Excel format so that it can be updated and/or edited by City staff. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Assign a project manager who will provide oversight and guidance throughout the project. This may include scheduling meetings, assistance with gathering financial and statistical information, monitoring project status, overall review of project results, and assistance with preparation of study findings. 2. Provide budget and staffing information, current fee schedules, and other statistical information as needed. 3. Assist in the development of reasonable timeframes for CITY personnel to gather information necessary for the analyses, understanding that CONSULTANT will need this information in order to develop and complete the study. 4. Facilitate reviewing study results, and providing comments back to CONSULTANT within reasonable and mutually agreed to timeframes. 5. Understand that this project is a partnership between the CITY and CONSULTANT and that participation is necessary from both parties in order to ensure successful results. EXHIBIT A D. WORK PROGRAM/PROJECT SCHEDULE: CONSULTANT recommends that during the first site visit, the CITY's designated project manager works with CONSULTANT's project director to develop proposed dates for meeting specific tasks, and determining responsibility of those tasks, i.e. CITY responsibility, CONSULTANT responsibility, or a combination of both. Task De�kn , Week 2 9 11 23 30 71 141111 28 4 11 18 25 3 8 15 22 29 6 13 20 27 3 10 17 20 PROJECT IOO60R MEETM (CAP A FEE) COST ALUX067Oq PILM I_. 2_Proromme ) t Cor c weft / Or¢animbonal Raew d ® I I I I_ _ 3 Datecollectim _ _ - -. _ ____ aCMtMomtionModelDevdopnmt 5 DulvatbnofOat Fdl Cost cu 6 Domentation & Preserttatlan of OlAcasees 7 - 8 Prgsare OMB A$7 5aftwarcasd A-V CAP i_-_. - _. I- _---_ _ _I MASTER FEE REVIEW- 1 FrejcctCommmarnent 2 Fee DesW=dor8a.WM0rel Analysis_ 4Ti=VAxI;t6 I- I - sCostofsevviceAnelys6 - - - -- ---.--- -I- I_ -- --- --I -- ----I 6 D_mft_F i and Rnisloa,i__ ----- _- 7 Conduct Live Cwm4M Fee SV— .i -- _._ i _ _ T s Ilo� I. _ _ 9 Master Fees/Preservation of Results Imdbr _ Cal ahe _ - 10AdditlonalLe�slativeProoessA�poRI�6,•�?7.ftff I - EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: NBS applies the following hourly rates to derive the overall not -to -exceed pricing for the City's requested scope of services. These hourly rates will apply for the duration of our contract with the City, are inclusive of all costs for expenses such as printing, travel, etc. - Project Manager, $205 per hour - Senior Consultant, $160 per hour - Analyst, $120 per hour Cost Allocation Plan PROJECTCOSTOETAIL Consultant Labor (Hours) Grand Totals Task Plan Project Project Senior Manager Consultant Consultant Labor (Hours) Consultant Costs (5) Houdy Rate $205 $160 $120 1 Preliminary Data Collection - 3.0 - 3A) 480 2 Project Commencement/Organizational Review - 12.0 2.0 14A) 2,160 3 Data Collerdan I - 12.0 B.0 20A) 2.880 4 CostAllocatian Model Development 1.0 8.0 12.0 2IA) 2,925 S Derivation of Outcomes - Full Cost 1.0 6.0 7.0 14.0 2,005 6 Documentation & Presentation of Outcomes 2.0 16.0 4.0 22A 3,450 7 Software and Training - 4.0 - 4.0 640 Ful I CAP Report Cc pies (IS) 0 315 8 Prepare OMB A-87 CCR - 4.0 4A 640 GRAND TOTAL HOT TO EXCEED - Full CAP only 4.0 61.0 33.0 98A) S 14,8SS GRAND TOTAL NOT TO EXCEED - Full & OMB ICR 4.0 65.0 33,0 F 102A S 15,495 Exhibit B Fee Study Services PROJECT COST DETAIL. Consultant Labor (Hours) Grand Totals Task Plan Project Senior Analyst Consultant Consultant Manager Consultant Labor (Hours) Costs (S) HauA Rote $205 $260 $120 1 Project Commencement 2.0 2.0 - 4.0 730 2 Fee Design and'Organir<ationaI Analysis 1.0 24.0 8.0 33.0 5,005 3 'rime and Service Analysis - 24.0 16.0 40.0 5.760 4 Time Valuation, - 10A 12D 22.0 3,040 S CostofServiceAnalysis 1.0 16.0 8.0 2SA 3,725 5 Draft Review and Revision 4.0 3.9 7.8 1,090 7 Comparative5urvey 6A 32.0 38.0 4.900 8 Documentation 1.0 12Au 4.0 17A 2,605 Fuli CAP Report Cc pies (15) 369 9 Master Fee Schedule I Presentation of Results 4.0 24A 12.0 40A 6,100 10 Additional LPgislativeProcess Support (optionof,Pei ineeav) - - 11 Training iia Use of Fee Models - 4.0 - 4.0 640 GRAND TOTAL NOTTO O(CEED 9.0 126A 95.8 230.8 $ 33 63 B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; 2 Exhibit B D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 3 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) NBS will complete the scope of services required for year one of this engagement, including a Comprehensive User Fee Study and Cost Allocation Plan for a total cost not to exceed $49,358. 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 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 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NBS GOVERNMENT FINANCE GROUP FOR FULL COST ALLOCATION AND FEE STUDY ANALYSIS SERVICES Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................11 Attachment # 3 CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES LISTING FISCAL YEAR 2013/14 Non -Departmental and Auditina Services /y�;:l It: GTCt o _ TtiQ r0uki��Yif _ Amount Requested Vendor Requester __Date _ 070 85,000.00 Jim Slobajan 2/10/2014 30,000.00 NBS Gov Fin Jim Slobajan 5/5/2014 Debt Service & Transfers Professional Services - Debt Services and Auditing Fees $15,725 RORF Administration (350) 1ADDraisaVEconomic Analvsis/ LeaaMousina Comoliance and Other Professioil $325.000 Avail Balance 2,083,795 City of Huntington Beach FY 13/14 Funds Available by Business Unit Report 5/5/2014 Object FY 13/14 FY 13/14 FY 13/14 FY 13/14 Account Revised Actual Encumbrance Available 10040101 - Non -Departmental 51000 - PERSONAL SERVICES 4,414,954.00 290,356.81 4,124,597.19 61200 - Electricity 3,528,000.00 2,078,082.04 1,448,595.01 1,322.95 61300 - Natural Gas 252,072.13 111,952.89 93,119.24 47,000.00 61600-Water 1,147,000.00 590,275.70 556,724.30 61000 - Utilities 4,927,072.13 2,780,310.63 1,541,714.25 605,047.25 63495 - Gasoline 214,000.00 96,974.66 118,519.34 -1,494.00 63545 - Other Fuel -134.94 134.94 63445 - Fuel 214,000.00 96,839.72 118,519.34 -1,359.06 64230 - Awards and Presentations 5,000.00 500.00 0.00 4,500.00 63000- Equipment and Supplies 219,000.00 97,339.72 118,519.34 3,140.94 67740 - 800 MHZ Maintenance 1,000,000.00 1,000,000.00 64520 - Repairs and Maintenance 1,000,000.00 1,000,000.00 69365 - Other Professional Services 535,102.32 12,400.00 98,702.32 424,000.00 69375 - Prof Svcs - Attorney Fees 31,004.67 74,434.20 9,574.97 -53,004.50 69380 - Prof Svcs - Litigation Cost 82,261.21 160,583.08 139,953.88 -218,275.75 69370 - Prof Svcs - Legal 718,695.00 718,695.00 69370 - Prof Svcs - Legal 831,960.88 235,017.28 149,528.85 447,414.75 / 69300 - Professional Services 120,000.00 120,000.00 69300- Professional Services 1,487,063.20 247,417.28 248,231.17 991,414.75 69505 - Cont Svcs - Other 18,000.00 24,431.34 23,318.66 -29,750.00 69520 - Cont Svcs - Advertising 20,000.00 20,000.00 69520 - Cont Svcs - Advertising 20,000.00 0.00 20,000.00 69450 - Other Contract Services 775,000.00 775,000.00 69450 - Other Contract Services 813,000.00 24,431.34 23,318.66 765,250.00 75350 - Taxes 504,999.67 -504,999.67 75000 - Payments to Other Governments 0.00 504,999.67 -504,999.67 78000 - Expense Allowances 0.00 0.00 79075 - Bad Debt Expense 947,317.00 257,155.83 690,161.17 79100 - Contingency 728.86 -728.86 79150 - Discounts Lost -13,989.39 13,989.39 79500 - CAL -Card - Dispute Charge 2,485.84 -2,485.84 79000 - Other Expenses 947,317.00 246,381.14 700,935.86 60000 - OPERATING EXPENSES 9,393,452.33 3,900,879.78 1,931,783.42 3,560,789.13 83000 - Equipment 1,085,133.65 1,085,133.65 83000 - Equipment 1,085,133.65 0.00 0.00 1,085,133.65 86100 - Capital - Purchase Software 140,000.00 140,000.00 0.00 86000 - Capital - Software 140,000.00 ,140,000.00 0.00 80000- CAPITAL EXPENDITURES 1,225,133.65 0.00 140,000.00 1,085,133.65 88010 - Debt Service Expenses 0.00 0.00 0.00 0.00 88000 - NON -OPERATING EXPENSES 0.00 0.00 0.00 0.00 50000-EXPENDITURES 15,033,539.98 4,191,236.59 2,071,783.42 8,770,519.97 Attachment # 3 CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES LISTING FISCAL YEAR,2013/14 Non -Departmental Division/Fund Citywide Expenses I Claims, Litigation and Auditing Services $1,833,070 Debt Service & Transfers I Professional Services - Debt Services and Auditing Fees $15,725 RORF Administration (350) jAppraisaVEconomic Analysis/ LegaMousing Compliance and Other Professio $325,000 Housing Authority (220, 233 & 352) 1 Professional Services 1 $25.000 Total Avail Balance 2,113,795 Amount Requested Vendor Requester Date _ 85,000.00 Jim Slobajan 2/10/2_014 R55BUDGET 2/10/2014 14:16:57 City of Huntington Beach HB0001 Available Budget Page - 1 As of September 30, 2014 Description 10040101 Non -Departmental 00100 General Fund 50000 EXPENDITURES 51000 PERSONAL SERVICES 54000 Termination Pay Outs 55000 Benefits 51000 PERSONAL SERVICES 60000 OPERATING EXPENSES 61000 Utilities 63000 Equipment and Supplies 64520 Repairs and Maintenance 69300 Professional Services 69450 Other Contract Services 79000 Other Expenses 60000 OPERATING EXPENSES 80000 CAPITAL EXPENDITURES 83000 Equipment 86000 Software -Capital 80000 CAPITAL EXPENDITURES 88000 NON -OPERATING EXPENSES 88000 NON -OPERATING EXPENSES 50000 EXPENDITURES 00100 General Fund 1.0040101 Non -Departmental BA-YTD AA-YTD 3,531,764.00 883,190.00 203,373.29 7,277.73 4,414,954.00 210,651.02 4,927,072.13 1,633,525.62 219,000.00 63,188.86 1,000,000.00 1,547,063.20 133,950.25 813,000.00 21,480.71 947,317.00 189, 934.43 9,453,452.33 2,042,079.87 Funds PA-YTD Available 3,328,390.71 875,912.27 4,204,302.98 2,446,601.32 846,945.19 150,958.96 4,852 1,000 284,698.20 1 128,414.7 - 26,269.29 765,250.00 757,382.57 2,908,527.77 4,502,844.69 2,065,228.98 140,000.00 140,000.00 2,065,228.98 2,205,228.98 140,000.00 2,065,228.98 16,073,635.31 2,252,730.89 3,048,527.77 10,772,376.65 16,073,635.31 2,252,730.89 3,048,527.77 10,772,376.65 16,073,635.31 2,252,730.89 3,048,527.77 10,772,376.65 SU 'i INSURANCE AND INDEMNIFICATION, WAIVER ,;r o MODIFICATION REQUEST 1. Requested by: Jim Slobojan 2. Date: 5-14-4 3. Name of contractor/permittee: NBS Governmental Finance Group 4. Description,of work to be performed: User Fee Study & Cost Allocation Plan Services 5. Value and length of contract: 49,358 over 3 years 6. Waiver/modification request: Retention from $10K to $25K 7. Reason for request and why it should be granted: Vendor has SIR at $25K 8. Identify the risks to the City this waiver/modification: None ZaIpprovig 5-14-2014 epa-ftme,vff Head Signature Date: APPROVALS ........... Approvals must be obtained in the order listed on this form. --Two approvals are required -- fora request -to be granted. Approval. from the City Administrator's Office is only required if .-...Risk Management and t e City Attorney'soffice disagree.: - - 1. isk Management Approved ❑ Denie n, ,f � A 51_� { Signature l6ate 2. ,City Attorney's Office `' __❑.,Approved ❑ Deniecf,� ,�_r :f _. Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date .........if approved, th.e.completed waiver/modification request -is to be. submltte.d..to..the_::'_ .-.: City Attorney's Office along With_.the. contract €or.approval:.. Once. the. contract: has been. .approved, ..... this form.is to be filed with the. Risk Management Division of Human.Resources Insurance Waiver Fonn.doc 5/16/2014 1:12:00 PM NBS Balance Sheet CONFIDENTIAL NBS As of period 1213112013 Balance Petty Cash 300.00 Mission Oaks May 2007 92,829.18 Mission Oaks Money Market Sav 5,033.50 Wells Fargo Savings 48,469.67 Wells Fargo Checking - 3,630.94 Mission Oaks PayPai 680.00 Mission Oaks Alliant Tax Research 646.00 Accounts Receivable 936,864.48 Refunds Receivable 1,289.00 Furniture and Fixtures 75,562.44 Equipment 480,178.35 Automobile 2010 150,902.00 Leasehold Improvements 9,736.00 Software 148, 378.03 Trademarks 51,664.82 Non -Compete 103,329.61 Goodwill 89,896.78 Accum. Depre - Furniture (75,562,44) Accum. Depre. - Equipment (454,116,12) Accum. Depre -Auto 2010 (49,090.36) Accum. Depre. - Leasehold (5,835.00) Deposits 15, 383.00 Organization Costs 3,000.00 Accum. Amort. - Organization (3,000.00) Accum. Amort. Non -Compete (102, 936.97) Accum. Amort. Trademarks (51, 278.82) Accum. AmorL Goodwill (89, 896.78) Accum. Amore. Software (148,378.03) Total Assets 1,237,669.28 Accounts Payable 48,566.53 Mission Oaks Auto Loan Payable 27,984.60 Salaries Payable 390,794.41 Sales and Use Tax Payable 3,524.66 Refund of Overpayment 80.00 Unearned Revenue 741,632.37 _ Total Liabilities 1,212,472.47 - ._ etz .oit Common Stock Retained Earnings Current Net Income Owner Tax Disbursements Owner Cash Disbursements Total Net Worth Total Liabilities and Net Worth 413,450.00 (174,12.2.88) 466,169.68 (396,560.04) (283, 749.96) 26,196.81 1,237,669.28 v7.1.500 (KOLIVA) - Page 1 of 1 Slobojan, Jim From: Williams, Patti Sent: Wednesday, May 14, 2014 9:07 AM To: Slobojan, Jim Subject: RE: Contract with Huntington Beach Good morning, I am OK with the SIR at $25K. Let me know when City Attorney has approved the language revision and then we can proceed with the waiver for both issues. Thanks, JaW `tDiffiama, ARM, WCCP, CPQM Risk Manager City of Huntington Beach 714/536-5290 From: Slobojan, Jim Sent: Wednesday, May 14, 2014 8:44 AM To: Williams, Patti Subject: FW: Contract with Huntington Beach Patti, see attached fmancials for our Fcc Study vendor, Jim Slobojan Fiscal Services Manager City of Huntington Beach - Finance Department 714-960-8820 From: Geralin _Reyes [maiito:greyes(&nbsQov.com] Sent: Wednesday, May 14, 2014 8:26 AM. To: Slobojan, Jim Subject: RE: Contract with Huntington Beach Hi Jim, Attached our the NBS financials. Thank you, GERALIN REYES sr. marketing coordinator 800.676.7516 1 greyes@nbsgov.com -�q Qll NE3 helping communities fund tomorrow 1 Bid Results for Project Fee Study and Cost Allocation (2014-0206) Issued on 02/06/2014 Bid Due on March 6, 2014 4:00 PM (Pacific) Bidder Info Vendor Name Address City State ZipCode Respondee Respondee Title Respondee Phone Respondee Email Bid Submit Date Responsive MGT of America, Inc. 2001 P Street, Suite 200 Sacramento CA 9S811 J. Bradley Burgess Vice President 916-595-2646 Ext. bburgess@mgtamer.com 3/6/2014 8:12 Yes NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula CA 92592 Danielle Wood Associate Director 800-676-7516 Ext. dwood@nbsgov.com 3/6/2014 15:23 Yes BPR Concepts 2597 Pine St 203 San Francisco CA 94115 Ani Saldana Principal Consultant 415-340-2745 Ext. anisaldana@bprconcepts.com 3/6/201414:54 Yes Matrix Consulting Group, Ltd 201 San Antonio Circle, Suite 148 Mountain View CA 94040 Richard Brady President 650-858-0507 Ext. rbrady@matrixcg.net 3/6/2014 14:00 Yes - CITY OF HUNTINGTON BEACH Professional Service Approval Form PART RECEIVED ' FEB 10 2014 Date: 2/6/2014 Project Manager Name: Jim Slobojan Finance Department Requested by Name if different from Project Manager: Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Conduct a Fee Study and Cost Allocation Plan review. 2) Estimated cost of the services being sought: $ 85,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer is question is "No," the contract will require approval from the City Council.) Yes / ❑ No Fiscal Services S&Afure (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): i/ Date Account number Contractual Dollar Amount Business unit. object # Year 1 (estimate) Year 2 (estimate) Year 3(estimate) 10040101.69300 $85,000 $ $ $ $ $ Budget provat Department Head Signature(s) of FinNnce's Signature Assis�'artt- i y Manager's Signature APPROV s Signature Ito jbGA Date 2 Date �11i1 Date 2-1.?-/V Date 2- iLf- iti Date part 1 approval form-2014.doc REV: December /2013 CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form MAY 0 5 2014 PART II Finance Department Date: 5/2/2014 Project Manager: Jim Slobojan Requested by Name if different from Project Manager: Jim Slobojan Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: NBS Governmental Finance Group 2) Contract Number: FIN 2014-06 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $49,358 Account number Contractual Dollar Amount Business unit. object # Year 1(estimate) Year 2 (estimate) Year 3(estimate) 10040101.69300 $30,000 $19,358 $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No_ Attach a list of consultants from whom proposals were requested (including a contact telephone number.) Attach Exhibit A, which describes the proposed scope of work. Attach Exhibit B, which describes the payment terms of the contract. er rchasing) Budget Manager o al Signature Ap Di for of Finance (or designee) Signature Date d5A �t ate . 1 ate 2014 3 yr interagency ribs- part 2.doc REV: December /2013 N13SGOVE-01 SBB CERTIFICATE OF LIABILITY INSURANCE DAT516120142DD/ 5isi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # OB23506 (858) 869-8300 Vanorsdale Insurance Services 5165 Greenwich Drive, Suite 200 San Diego, CA 92122 NcANME CT Janet Darby PHONE FAX AIc No ExI :858.869-8300 (AIC. No : 868-869-8301 ADDRE SS: admin vanorsdale.com TNSURERS AFFORDING COVERAGE NAIC9 INSURERA:Maryland Casualty Insurance Company 19356 INSURED NBS Government Finance Group 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 INSURERB:American States insurance Company 19704 INSURERC:Golden Ea le Insurance Corporation 10836 INSURERD:Northern Insurance Company of New York 19372 INSURER E : INSURER F : COVERAGES CERTIFICATE NI IMRFR- 0M1IQInK1 ui TaeDr-D. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. ILTRNR TYPE OF INSURANCE A�II �� POLICYNUMBER MMID YEFF IAAUDD YYYI EXP LIMA A GENERAL LIABILITY X COPAIIERCALGENERAL LIABILITY CLAIPAS-7.1ADE a OCCIki ' X PAS00053837 9/2412013 9/24/2014 EACH OCCURRENCE S 2,00000 PREMISES 'a'_MEoccuence $ 2,000,00 MED EXP (Any one person) S 10,00 PERSONAL &AOVINJURY $ 2,000,00 G£NERALAGGREGATE $ 4,000,00 GENLAGGREGATE LIMIT APPLIES PER X POLICY FRO LOC PRODUCTS -COPAPIOPAGG $ 4,000,00 S B AUTOMOBILE X LIABILITY ANY Auro ALL OWNED SCHEDULED AUTOS HIRED AUTOS AUTOS ED '1 0111316321552. F0JtM 9/2412013 9/24/2014 C,DM$INGLE OMIT lEa I 1,000 S ,00 BODILY INJURY (Per person) $ BODILY INJURY (Per xddent) $ PROPERPeraccider>t AGE S $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAI WAMkAIN 9/24/2013 9/2412014 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DIED RETENTION 1(}'"'*-� Excess over AUtoOnly $ D WORKERS AND EMPLOYERS LIAR U� YIN ANY PROPRIETOPJPARTNERrocEcunvE ONY ERBADABER EXCLUDED? a (Mandatory In NH) Ues, desaibe under SCRSPTION OF OPERATIONS beevv N I A 0429775203 9/2412013 9/24/2014 X WC SiATU- OTH- E.L. EACHACGDENT $ 1,000,00 E.LDISEASE- EAEMPLOY£ S 1,000,00 EL DISEASE - POLICY LIMB I s 1,000,00 DESCRIPTION of OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) "Except 10 days notice of cancellation for non-payment of premium. City of Huntington Beach Is named additional insured regarding General Liability for operations of the named insured per CG2010 07104. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All riahts ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PAS00053837 COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEIMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED _OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGAN IZATION This endorsement modifies insurance provided under the following: CO'N tERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s ; Location(s) Of Covered Operations City of Huntington Beach Huntington Beach, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omssions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0704 Copyright, ISO Properties, Inc., 2004 Page I of 1 NBSGOVE-01 SBB at% R CERTIFICATE OF LIABILITY INSURANCE 9AT5/612I20DlYYY () 014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER License # OB23506 (858) 869-8300 Vanorsdale Insurance Services 6166 Greenwich Drive, Suite 200 San Diego, CA 92122 { WhEACT Janet Darby AV N,, Ext:858-869-8326 AIC No: 858-869.8301 E-MAIL ADDRESS: JDarby@Vanorsdale.com INSURER(S) AFFORDING COVERAGE NAIL # INSURERA:Gemini Insurance Company INSURED NBS Government Finance Group - 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 INSURERS: INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RPMRInN N11MRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. 'LTR TYPE OF INSURANCE INSR Vivo POLICY NUMBER POLICY EFF POLICY !EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea ocavrerice $ C(WMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY $ GENERALAGGREGATE S GENL AGGREGATE ul,lrr APPLIES PER POLICY PRO- LOC PRODUCTS-COMPIOP AGG S t� !� r OVED AS TOk1kU $ AUTOMOBILE LABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 1'1• 2�' Q A �+ COMBINED�tSINGLE LIMIT $ BMLY INJURY (Per persm) $ BODILY INJURY (Per amdVil) S Fi1REDAUTOS AUTOS�NED PPROPaaT-'d M,AGE S $ UMBRELLA LIAS OCCUR - EACH OCCURRENCE S EXCESS LIAS CLAfI,!S-P.ADE AGGREGATE $ DELI I I RETENTION S $ - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETCRJPARTNERS(ECUnVE OFFiCEPUMEMiBER E(CLUDED? ❑ plandatoryinNH) NIA V CSTATU OTH M TORY ITS EL EACH ACCI DENT s E.LDISEASE- EAEMPLOYEd S it yyes, descnbetWer DESCRIPTION OF OPERATOONS becw E.L. DISEASE - POLICY LIMIT S A Professional Liability IVCPLO62314 912412013 9/24/2014 JEach Wrongful Act $2,000,00 A Professional Liability IVCPLO62314 9124/2013 9/24/2014 Annual Aggregate $2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS]VEMCLES (Attach ACORD 1Dt,Addt!Ional Remarks Schedule, If more space ls.requlred) *Except 10 days notice of cancellation for non-payment of premium. Proof of Insurance _v 1rrivfl, c"WLNGR VAIVVCLLA 1iVIX City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19BU-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD