HomeMy WebLinkAboutC-4359 - PSA for Recovering Unclaimed Funds&WR
PROFESSIONAL SERVICES AGREEMENT WITH
THE LOCATOR SERVICES GROUP, LTD.
FOR RECOVERING UNCLAIMED FUNDS
THIS AGREEMENT is made and entered into as of this aL day of August, 2009, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
THE LOCATOR SERVICES GROUP, LTD., a Massachusetts Subchapter S
Corporation, whose address is 316 Newbury Street, Suite 32, Boston, MA 02115
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to recover unclaimed funds in the approximate amounts of
$11,420.48, $13,098.05, $33,887.51 and $20,588.70 due to the City of Newport
Beach Fire Department.
C. City desires to engage Consultant to assist in obtaining the benefit of unclaimed
funds or an outstanding obligation, by way of collection or receiving credits, in the
above amounts due to the City of Newport Beach Fire Department (`Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Brian
Budlong.
F. City has received a proposal from Consultant, has reviewed the previous
experience and evaluated the expertise of Consultant, and desires to retain
Consultant to render professional services under the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate when the above mentioned unclaimed funds or outstanding obligations
are received by the City and Consultant is provided its service fee, or, by July 1,
2010, whichever occurs first, unless terminated earlier as set forth herein
2. SERVICES TO BE PERFORMED
Consultant shall diligently assist the City in recovering or obtaining credits of
unclaimed funds or outstanding obligations held on behalf of the City of Newport
Beach Fire Department in the amounts of $11,420.48, $13,098.05, $33,887.51
and $20,588.70, respectively.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand- delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant a flat rate service fee equal to twenty percent (20 %) of
the payment recovered for or credited to the City, upon City's receipt of actual
funds in accordance with the proposal attached hereto as Exhibit A and
incorporated herein by reference. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed twenty percent (20 %) of the payment
recovered for or credited to City without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit a final invoice to City describing the work
performed and amounts recovered. Consultant's bill shall include the
name of the person who performed the work, a brief description of the
services performed and the specific task to which it relates and the date
the services were performed. City shall pay Consultant no later than thirty
(30) days after approval of the final invoice by City staff.
4.2 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement.
Locator Services Group, LTD. Page 2
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Brian Budlong to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld
with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Revenue Division. Glen Everroad
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his authorized representative
shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one
copy of all existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
Locator Services Group, LTD. Page 3
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on the
Project (including the negligent and/or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
Locator Services Group, LTD. Page 4
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance as evidence of the insurance coverage required herein.
Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
Locator Services Group, LTD. Page 5
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California and /or Massachusetts. In addition,
Consultant shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or
non - renewal of all Workers' Compensation policies must be
received by City at least thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) prior to such change.
The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($500,000).
E. Endorsements. Each general liability insurance policy shall be endorsed
with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
Locator Services Group, LTD. Page 6
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
Locator Services Group, LTD. Page 7
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including
costs, contained in Consultant's drawings and specifications provided under this
Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
Locator Services Group, LTD. Page 8
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Locator Services Group, LTD. Page 9
Attn: Glen Everroad
Administrative Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3144
Fax: 949 - 644 -3073
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mark K. Warren
Associate Counsel
The Locator Services Group Ltd.
316 Newbury Street, Suite 32
Boston, MA 02115
Phone: (617) 859 -0600, ext 41
Fax: (617) 859 -0640
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information
developed or accumulated in the performance of this Agreement, whether in draft
or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
Locator Services Group, LTD. Page 10
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement or
any other attachments attached hereto, the terms of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
Locator Services Group, LTD. Page 11
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: A,— C
Aaron C. Harp
Assistant City Attorney
ATTEST:
��y
C-t.E�
eilani Brown
City Clerk `yEWPdPK
pRT
u s
Gtfvov Mk "
CITY OF NEWPORT BEACH,
A Municipal Corporation
Glen E
Manager
CONSULTANT: THE LOCATOR
SERVICES GROUP TD.
By:
Title: President & General Counsel
Print Name: Kim Sawyer
By: Lk,
(Financial Officer)
Title: �/t
Print Names6r
EXHIBIT A: Proposal and Statement of Qualifications
Locator Services Group, LTD. Page 12
Exhibit A
Written Proposal & Statement of Qualifications
PROPOSALI
The City of Newport Beach appoints The Locator Services Group Ltd., acting through its General Counsel and staff,
as its lawful Agent for the sole purpose of recovering or obtaining credits of unclaimed funds or outstanding
obligations held on behalf of Newport Beach Fire Dept in the amounts of $11,420.48 and $13,098.05.
The City of Newport Beach grants its Agent the authority to do all things reasonably necessary to recover or obtain
credits of the unclaimed funds or outstanding obligations due Newport Beach Fire Dept. Such acts shall include, but
are not limited to: engaging in verbal or written communication with the holder of the funds or obligations; executing
and filing all documents necessary to facilitate the payments or credits of the unclaimed funds or obligations;
receiving written correspondence and all other documentation relevant to the payments or credits of the unclaimed
funds or outstanding obligations; and receiving possession of the payments of these funds on behalf of Newport
Beach Fire Dept.
The Locator Services Group Ltd., as Agent, may not make any expenditure or incur any costs on behalf of The City
of Newport Beach
Signed thi f 200
g sZY
City of Ne port Beach
By:
omer Bludau
City Manager
State of 04AL i EM -N A.
County of O, -ANF_
Tax ID No. 95-6000251 (Federal)
800-9814-8 (State)
On U U� �� , 200 before me, i
LjLLA-d— Notary Public, personally
appeared tijy Manager Homer Bludau who proved to me on the basis of satisfactory evidence to be the person(
whose name is/a�Qsubscribed to the within instrument and acknowledged to me that he executed the same in is
authorized capacity(ies), and that by his signature( on the instrument the person(l'-"3r entity upon behalf of which
the personcted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of that the forgoing paragraph is
true and correct.
WITNESS my hand and o c'al eal.
Notary Signature:
My Commission Expires: 6�)—O A���J
5L. WASHINGTON
Commission # 1840150
ZNotary Public - California
a 2
Orange County
My Comm. Ex ires Mar 12, 2013
NOTARY SEAL
TLSG Reference Number: 8888NewportBeachFD
PROPOSALII
The City of Newport Beach appoints The Locator Services Group Ltd., acting through its General Counsel and staff,
as its lawful Agent for the sole purpose of recovering or obtaining credits of unclaimed funds or outstanding
obligations held on behalf of Newport Beach Fire Dept in the amounts of $33,887.51 and $20,558.70.
The City of Newport Beach grants its Agent the authority to do all things reasonably necessary to recover or obtain
credits of the unclaimed funds or outstanding obligations due Newport Beach Fire Dept. Such acts shall include, but
are not limited to: engaging in verbal or written communication with the holder of the funds or obligations; executing
and fling all documents necessary to facilitate the payments or credits of the unclaimed funds or obligations;
receiving written correspondence and all other documentation relevant to the payments or credits of the unclaimed
funds or outstanding obligations; and receiving possession of the payments of these funds on behalf of Newport
Beach Fire Dept.
The Locator Services Group Ltd., as Agent, may not make any expenditure or incur any costs on behalf of The City
of Newport Beach
Signed this of 200 y
City of Newport Beach
Homer Bludau
City Manager
State of 11 %.,n ZM l
County of OP -4 Ili r.E
Tax ID No. 95-6000251 (Federal)
800-9814-8 (State)
On A4,r " O! , 200 before me, L4L-4--;AN WASHIW6Notary Public, personally
appeared Ci Manager Homer Bludau who proved to me on the basis of satisfactory evidence to be the person
whose nam* is/)(p subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity0q, and that by his signature on the instrument the person or entity upon behalf of which
the person(1acted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of CAOr-O ftthat the forgoing paragraph is
true and correct.
WITNESS /re:
f ficial seal.
Notary Sign
My Commission Expires: d3 �� 3
CL. WASHINGTON
Commission # 1840150
Notary Public - California
4AOrange
a County
My Comm. Ex fres Mar 12, 2013
NOTARY SEAL
TLSG Reference Number: 8888NewportBeachFD
STATEMENT OF QUALIFICATIONS
Professional Affiliations
TLSG has an A+ rating with the Better Business Bureau and has been a member since 1994.
TLSG is certified as a Women's Business Enterprise.
TLSG is an active member and has been a sponsor of the Unclaimed Property Professionals Organization ( "UPPO ");
an association dedicated to educating businesses about unclaimed property law and best practices..
TLSG's Principal was a featured speaker on unclaimed property recovery at the UPPO's 2009 Annual Conference.
TLSG's Principal is a member of the International Women's Insolvency & Restructuring Confederation.
TLSG's Principal is a member of the Women's President's Organization.
Legal Expertise
TLSG's has prevailed in litigation against the Commonwealth of Massachusetts resulting in TLSG's clients receiving
an additional $1,768,007 in payments from the State.
TLSG has prevailed in numerous public record cases against multiple government agencies concerning TLSG's right
to receive information on outstanding payments owed to TLSG clients.
TLSG's Principal is an attorney with more than 16 years of asset recovery experience.
TLSG's Principal Assisted the Commonwealth of Massachusetts' Department of Treasury with the drafting of the
Commonwealth's 2000 Unpaid Check Fund Regulations.
TLSG's Principal attended drafting sessions of the 1995 Uniform Unclaimed Property Act.
TLSG's Principal is a member of multiple bars.
Proven Track Record
TLSG has been in business for more than fifteen years.
TLSG has assisted in the recovery of over 150 Million Dollars
TLSG has represented more than half of the Fortune 100.
Additional Qualifications
TLSG caries professional liability insurance & is fidelity bonded.
TLSG has developed "proprietary" processes and procedures for identifying and recovering funds.
TLSG's Recovery Associates undergo an extensive training program before they may assist clients.
Exhibit A
Written Proposal & Statement of Qualifications
PROPOSALI
The City of Newport Beach appoints The Locator Services Group Ltd., acting through its General Counsel and staff,
as its lawful Agent for the sole purpose of recovering or obtaining credits of unclaimed funds or outstanding
obligations held on behalf of Newport Beach Fire Dept in the amounts of $11,420.48 and $13,098.05.
The City of Newport Beach grants its Agent the authority to do all things reasonably necessary to recover or obtain
credits of the unclaimed funds or outstanding obligations due Newport Beach Fire Dept. Such acts shall include, but
are not limited to: engaging in verbal or written communication with the holder of the funds or obligations; executing
and filing all documents necessary to facilitate the payments or credits of the unclaimed funds or obligations;
receiving written correspondence and all other documentation relevant to the payments or credits of the unclaimed
funds or outstanding obligations; and receiving possession of the payments of these funds on behalf of Newport
Beach Fire Dept.
The Locator Services Group Ltd., as Agent, may not make any expenditure or incur any costs on behalf of The City
of Newport Beach
Signed this day of 200
City of Newport Beach
By:
Homer Bludau
City Manager
State of
County of
Tax ID No. 95- 6000251 (Federal)
800 - 9814 -8 (State)
On . 200 _ before me, , Notary Public, personally
appeared City Manager Hamer Bludau who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity(ies), and that by his signature(s) on the instrument the person(s) or entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of
true and correct.
WITNESS my hand and official seal.
Notary Signature:
My Commission Expires:
that the forgoing paragraph is
NOTARY SEAL
TLSG Reference Number: BSSSNewponBeachFD
PROPOSALII
The City of Newport Beach appoints The Locator Services Group Ltd., acting through its General Counsel and staff,
as its lawful Agent for the sole purpose of recovering or obtaining credits of unclaimed funds or outstanding
obligations held on behalf of Newport Beach Fire Dept in the amounts of $33,887.51 and $20,558.70.
The City of Newport Beach grants its Agent the authority to do all things reasonably necessary to recover or obtain
credits of the unclaimed funds or outstanding obligations due Newport Beach Fire Dept. Such acts shall include, but
are not limited to: engaging in verbal or written communication with the holder of the funds or obligations; executing
and filing all documents necessary to facilitate the payments or credits of the unclaimed funds or obligations;
receiving written correspondence and all other documentation relevant to the payments or credits of the unclaimed
funds or outstanding obligations; and receiving possession of the payments of these funds on behalf of Newport
Beach Fire Dept.
The Locator Services Group Ltd., as Agent, may not make any expenditure or incur any costs on behalf of The City
of Newport Beach
Signed this—day of 200_
City of Newport Beach
By:
Homer Bludau
City Manager
State of
County of
Tax ID No. 95- 6000251 (Federal)
800 - 9814 -8 (State)
On 200 _ before me, Notary Public, personally
appeared City Manager Homer Bludau who proved tome on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity(ies), and that by his signature(s) on the instrument the person(s) or entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALITY OF PERJURY under the laws of the State of
true and correct.
WITNESS my hand and official seal.
Notary Signature:
My Commission Expires:
that the forgoing paragraph is
NOTARY SEAL
TLSG Reference Number: 8888NewportBeochFD
STATEMENT OF QUALIFICATIONS
Professional Affiliations
TLSG has an A+ rating with the Better Business Bureau and has been a member since 1994.
TLSG is certified as a Women's Business Enterprise.
TLSG is an active member and has been a sponsor of the Unclaimed Property Professionals Organization ( "UPPO ");
an association dedicated to educating businesses about unclaimed property law and best practices..
TLSG's Principal was a featured speaker on unclaimed property recovery at the UPPO's 2009 Annual Conference.
TLSG's Principal is a member of the International Women's Insolvency & Restructuring Confederation.
TLSG's Principal is a member of the Women's President's Organization.
Legal Expertise
TLSG's has prevailed in litigation against the Commonwealth of Massachusetts resulting in TLSG's clients receiving
an additional $1,768,007 in payments from the State.
TLSG has prevailed in numerous public record cases against multiple government agencies concerning TLSG's right
to receive information on outstanding payments owed to TLSG clients.
TLSG's Principal is an attorney with more than 16 years of asset recovery experience.
TLSG's Principal Assisted the Commonwealth of Massachusetts' Department of Treasury with the drafting of the
Commonwealth's 2000 Unpaid Check Fund Regulations.
TLSG's Principal attended drafting sessions of the 1995 Uniform Unclaimed Property Act.
TLSG's Principal is a member of multiple bars.
Proven Track Record
TLSG has been in business for more than fifteen years.
TLSG has assisted in the recovery of over 150 Million Dollars.
TLSG has represented more than half of the Fortune 100.
Additional Qualifications
TLSG carries professional liability insurance & is fidelity bonded.
TLSG has developed "proprietary" processes and procedures for identifying and recovering funds.
TLSG's Recovery Associates undergo an extensive training program before they may assist clients.