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HomeMy WebLinkAboutFin Parcel Tax Administration ServicesRev. 08.22 1 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND NBS GOVERNMENT FINANCE GROUP FOR PARCEL TAX ADMINISTRATION SERVICES (MEASURE P AND MEASURE D) This Agreement is made and entered into as of _________________ (the “Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and NBS Government Finance Group, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.” RECITALS A.CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and B.CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C.The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT 1.SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as “Services”) to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled “SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated March 6, 2025 (“Proposal”) set forth in Exhibit A, which constitutes the basis for this Agreement. 2.COMPENSATION. In consideration for CONSULTANT’s complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT a fixed fee, June 12, 2025 v 08.22 2 as further described in Exhibit A, in an amount of $36,000 per year, plus expenses. Annual fixed fees through the Term of this Agreement may be adjusted each October 1 by the applicable Consumer Price Index (April-May, All Urban Consumer for the San Francisco region) published by the Bureau of Labor Statistics. CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City’s receipt of invoice. 3.TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on September 30, 2027. The Agreement may be extended for up to two additional years based on mutual agreement by the CITY and CONSULTANT. 4.PROJECT COORDINATION. A.CITY’S Project Manager. The Finance Director is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B.CONSULTANT’S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Darrylanne Zarate is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5.TERMINATION. A.Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B.Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C.Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D.Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials v 08.22 3 prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 6.OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 7.INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8.ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9.INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10.INDEMNIFICATION. A.Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the “City Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees’ share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT’s work or work product by the CITY or any of its directors, officers or v 08.22 4 employees shall not relieve or reduce the CONSULTANT’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. B.Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C.The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11.NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12.COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13.NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this v 08.22 5 Agreement, to the other party. 14.NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY’s Project Manager: Paul Navazio, Finance Director 1400 Fifth Avenue San Rafael, CA 94901 To CONSULTANT’s Project Director: 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 15.INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16.ENTIRE AGREEMENT -- AMENDMENTS. A.The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B.This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C.No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D.The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E.If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. v 08.22 6 17.SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18.WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19.COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20.CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21.SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 22.APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23.COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, v 08.22 7 each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] v 08.22 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: ________________________________ Cristine Alilovich, City Manager APPROVED AS TO FORM: Office of the City Attorney _________________________________ By: Andrea Visveshwara, Chief Assistant City Attorney ATTEST: City Clerk _________________________________ LINDSAY LARA, City Clerk CONSULTANT: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If CONSULTANT is a corporation, add signature of second corporate officer] __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ Andrea Visveshwara (Jun 3, 2025 12:00 PDT) Andrea Visveshwara ris/ine A'i'*vih (Jun 12, 2025 1ш:5ш PDT) )risWine AOiORviFh indsa4 ara (Jun 1х, 2025 12:33 PDT) 2indsa\ 2ara Rev. 08.22 A-1 EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT’s proposal, which is attached to this Exhibit A. Page 2 SCOPE OF SERVICES The following describes the proposed Work Plan for completion of this Scope of Services. For the new Measure P, we will set up a robust process from the start, anticipated beginning March 2025: AB 2476 Compliance Mailing Project – Notice of New Parcel Tax This scope of services pertains to the Measure P Parcel Tax (“Parcel Tax”) levied by the City of San Rafael. The goal of this mailing project (“Project”) is to help the Client meet the requirements of Government Code 54930 (“Code”), which was added to the Government Code by Assembly Bill 2476 in September of 2016. DATA ANALYSIS NBS will review the most recent County Assessor’s secured roll data to identify parcels that should receive notice of the new Parcel Tax. The Code requires notice be sent to “an owner of a parcel affected by the tax, if that owner does not reside within the [City’s] jurisdictional boundaries.” Such parcels will be identified by comparing the property owner’s mailing address to addresses within the City’s jurisdiction. OWNER LIST NBS will compile the owner name and mailing address information for the parcels identified in the Data Analysis. NOTICE NBS will prepare a Notice in accordance with the Code. NBS may suggest additional wording for the Notice in order to answer common questions typically asked by property owners. The Notice may be in the form of a letter or a postcard as requested by the City. MAILING NBS will coordinate the mailing of Notices. Actual printing and postage costs will be invoiced to the City. CONSULTING SUPPORT NBS will provide consulting support including a toll-free phone number on the Notice. NBS staff will be available to answer property owner questions regarding the Parcel Tax. Bilingual staff is available to assist Spanish-speaking property owners. Measure P Parcel Tax Administration At NBS, we treat these tasks as year-around responsibilities so that there is sufficient time to research any issues and avoid August deadline challenges. For example, we purchase property data and research discrepancies throughout the year. Shown below is our detailed scope of services for this effort. Page 3 KICK-OFF MEETING, PROJECT SCHEDULE NBS will meet with City staff, legal counsel and other interested parties to: • Establish lines of communication. • Clarify the specific goals and criteria that will meet the City’s preference. • Identify and resolve any circumstances that may be involved in the administration of the tax. • Develop a schedule to meet requirements and provide for effective interaction of all parties. • Establish dates consistent with schedule to achieve project milestones. DATA COLLECTION Gather and review data pertinent to the administration of the Parcel Tax. Data will be obtained from various sources such as Assessor’s parcel maps and County Assessor information as determined to be necessary based on the requirements of the tax formula. QUALITY CONTROL Perform cross-reference tests looking at the various data sources, land use codes, and other pertinent information to ensure the best and most accurate tax application. DATABASE MAINTENANCE Maintain and periodically update a database of all parcels within the City and relevant parcel information. TAX CALCULATION Calculate the annual tax levy for each parcel within the City following the guidelines established in the formula. LEVY SUBMITTAL NBS will submit the levy to the County Auditor-Controller in the required format. Parcel taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection may be invoiced with payment to be directed to the City in accordance with authorizing documents as applicable. REPORTING Provide an annual Special Tax Levy Report (Auditor’s Report). The report will include a parcel listing with levy amounts. Parcel and levy data can be provided via an emailed electronic file, and printed if desired. We will also provide reporting to comply with both SB165 requirements as well as the State Controller’s Office reporting requirements. Page 4 CONSULTING SUPPORT Provide a toll-free phone number for use by the agency and all property owners. Staff shall be available to answer questions regarding the ongoing collection of special taxes. Bilingual staff will be available for Spanish-speaking property owners. DELINQUENCY MONITORING NBS will provide a comprehensive list of delinquencies after each installment becomes due. The delinquency report will provide the overall delinquency percentage as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel owner, the delinquent amount, and penalties. MEETING ATTENDANCE At the request of the agency, NBS will attend meetings to discuss the Parcel Tax and related items, subject to additional expenses for time and travel. OPTIONAL SERVICES The City may wish to include the following optional services that could enhance the project’s results. Measure D Parcel Tax Administration | Optional The scope will be designed to mirror the scope for Measure P. The City and NBS will collaborate as needed if this optional service is requested. Exemption Processing – Parcel Tax | Optional EXEMPTIONS FOR SENIOR CITIZENS AND SSI/SSDI RECIPIENTS An exemption will be granted on any parcel owned by one or more persons who are either: (a) Aged 65 years or older as of July 1 for each fiscal year, who occupies said parcel as a principal residence; (b) Receiving Supplemental Security Income (SSI) for a disability, regardless of age, who occupies said parcel as a principal residence; or (c)Receiving Social Security Disability Insurance (SSDI) benefits, regardless of age, whose yearly income does not exceed 250% of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services, and occupying said parcel as a principal residence, upon application for exemption. Applications for such exemptions must be made to City or its designee on or before July 1, OF EACH tax year. Any approved application from a qualified applicant will provide for the parcel tax for the remaining term of the special tax so long as such applicant continues to own and occupy the parcel as his or her principal residence. Page 5 One-Time Set-Up, Process Memo, and Document Preparation DOCUMENT PREPARATION NBS will prepare an exemption application and a cover letter for property owners. The cover letter will explain the qualifications and requirements of the exemption. These documents will then be used when mailing the applications. PROCESS MEMO NBS will provide a summary memo explaining the exemption review process for use by City staff. APPLICATION MAILING NBS will create a mailing database to send the applications and cover letters to property owners within the City’s boundaries. Annual Exemption Processing APPLICATION REVIEW NBS will review the applications and accompanying documentation sent by the City via a secure FTP site. After completing the review, NBS will determine if the application qualifies for the exemption. NBS will then send a confirmation or denial letter to the property owner. DATABASE MAINTENANCE NBS will track the received applications and their approval status. Following review and approval of the annual applications, NBS will apply the approved exemptions to the parcel tax database. NBS will also annually review and inform the City of any ownership changes that may indicate the removal of a previously granted exemption. PROFESSIONAL FEES One-Time AB 2476 Mailing One Time Mailing Fee…………………………….……………..………………………………………..………………………….………..$5,500 Estimated Expenses (Not To Exceed) …....................................................................................................... $250 (excluding printing and postage) Annual Special Parcel Tax Administration Services Measure P Annual Administration Services…....….……………………………………….…………….……..………………..$12,500 Measure P One-Time Setup Parcel Research Fee.………………………………………….…………….……..………………..$2,500 Estimated Annual Administration Expenses (Not To Exceed) ….................................................................. $500 Page 6 Measure D Annual Administration Services | Optional.……..….……………………………………….…………….……..$7,500 Estimated Annual Administration Expenses (Not To Exceed) ….................................................................. $500 Exemption Processing – Measure P and D Parcel Tax | Optional One-Time Set-Up, Process Memo, and Document Preparation Fee ……………….…………….……..………………..$TBD Annual Processing Fee …............................................................................................................................ $TBD Estimated Expenses (1) NBS will bill actual printing and mailing costs estimated at $1.00 per piece (1) See description of expenses below EXPENSES Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees. ANNUAL FEE INCREASES Cost of living increases may be applied to the services listed above on October 1 each year, beginning with the invoices issued on October 1, 2026. The Cost-of-Living Adjustment (COLA) would be the actual cost of living increase based on the 12-month change from April/May to April/May in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the applicable region. ADDITIONAL OPTIONAL SERVICES – HOURLY RATES The following table shows our current hourly rates. Optional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate. This may include attendance at additional meetings, notice and ballots, etc. Title Hourly Rate Senior Review $275 Director $250 Associate Director / Engineer $225 Senior Consultant / Manager $200 Consultant $175 Financial Analyst $150 Clerical / Support $110 TERMS Administration services fees are for the first year, with possible COLA in subsequent years, as referenced above. Such fees will be invoiced at the beginning of each quarter. Expenses will be itemized and included Page 7 in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submission of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel administration contracts with 30 days’ written notice. Rev. 08.22 B-1 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A.Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1.Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2.Automobile liability. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3.Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4.Workers’ compensation. If it employs any person, CONSULTANT shall maintain workers’ compensation insurance, as required by the State of California, with statutory limits, and employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT’s workers’ compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B.Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1.Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2.The additional insured coverage under CONSULTANT’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies shall be at least as broad as v 08.22 B-2 ISO form CG20 01 04 13. 3.Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4.By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5.If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6.The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7.The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY’S own insurance or self-insurance shall be called upon to protect it as a named insured. 8.It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9.CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10.CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08.22 B-3 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C.Deductibles and SIR’s. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses. D.Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org Click here to enter a date. Click here to enter a date. ☐ ☒ 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 6/2/2025 6/2/2025 ☒ NT ☒ NT 3 Department Director Approval of final agreement form to send to contractor Click or tap to enter a date. ☒ _PN_ 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4/8/2025 ☒ 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval ☒ N/A Or Click here to enter a date. ☒ PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Finance Project Manager: Paul Navazio Extension: 415.485.3602 Contractor Name: NBS Gov’t. Finance Group Contractor’s Contact: Tim Seufert Contact’s Email: tseufert@nbsgov.com. ☐ FPPC: Check if Contractor/Consultant must file Form 700 PSA - NBS Government Finance Group - Parcel Tax Administration Services Final Audit Report 2025-06-16 Created:2025-06-02 By:Nataly Torres (nataly.torres@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAnzFmE31_AX_YUv_00kK6BI5jOHyCKry3 "PSA - NBS Government Finance Group - Parcel Tax Administra tion Services" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2025-06-02 - 11:20:21 PM GMT- IP address: 199.88.113.8 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2025-06-02 - 11:23:16 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-06-03 - 6:51:51 PM GMT- IP address: 104.47.65.254 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2025-06-03 - 6:52:39 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) for signature 2025-06-03 - 6:52:40 PM GMT Email viewed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) 2025-06-03 - 7:00:10 PM GMT- IP address: 104.47.65.254 Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-06-03 - 7:00:52 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to city.clerk@cityofsanrafael.org for approval 2025-06-03 - 7:00:54 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-06-03 - 7:27:00 PM GMT- IP address: 199.88.113.8 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2025-06-03 - 7:27:16 PM GMT- IP address: 199.88.113.8 Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org) Approval Date: 2025-06-03 - 7:27:18 PM GMT - Time Source: server- IP address: 199.88.113.8 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-06-03 - 7:27:20 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2025-06-13 - 2:47:20 AM GMT- IP address: 104.47.64.254 New document URL requested by cristine.alilovich@cityofsanrafael.org 2025-06-13 - 2:47:23 AM GMT- IP address: 71.198.110.147 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-06-13 - 2:59:06 AM GMT- IP address: 71.198.110.147 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-06-13 - 2:59:08 AM GMT - Time Source: server- IP address: 71.198.110.147 Document emailed to city.clerk@cityofsanrafael.org for signature 2025-06-13 - 2:59:10 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2025-06-13 - 2:32:49 PM GMT- IP address: 104.47.64.254 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2025-06-16 - 7:33:55 PM GMT- IP address: 199.88.113.8 Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2025-06-16 - 7:33:57 PM GMT - Time Source: server- IP address: 199.88.113.8 Agreement completed. 2025-06-16 - 7:33:57 PM GMT