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HomeMy WebLinkAbout2003 CON PBS&J - Ongoing Sewer Billing AdministrationAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 18th day of November, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing/Tax Roll Administration and any as needed Financial Services for Sewer rate analysis for Fiscal Year 2004-2005. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Steve Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the hedule given in Exhibit "B" (the Base amount) without prior written authorization from the $40,322. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from the date of signature of agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSUTLANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is notan employee CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub CONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Revised August 2003 nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The 4 Revised August 2003 CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: X❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 Revised August 2003 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. ment. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of 6 Revised August 2003 the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised August 2003 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Steve Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the 8 Revised August 2003 City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such 9 Revised August 2003 f party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY PBS&J (Two signatures required for a corporation) By: By: ° c A..,..A C-cAl-Q , ,,, Nick . z z. , ayor (Nettie) APPROVED AS TO FORM: 3 George H. Eiser, III City Attorney (Title) 10 Revised August 2003 CORPORATE RESOLUTION OF POST, BUCKLEY, SCHUH & JERNIGAN, INC., d/b/a PBS&J At a regularly scheduled meeting of the Board of Directors of POST, BUCKLEY, SCHUH & JERNIGAN, INC., d/b/a PBS&J on January 20, 2001 at which a quorum was present and voting, the following resolution was approved, RESOLVED, that the below named officers are authorized to execute documents on behalf of Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J: John M. Powell Gasper A. Chifici Paul E. Cooley Charles A. Griffin, Jr. Lawrence D. Pierce Date: February 8, 2001 Senior Vice President Vice President Vice President Vice President Vice President Richard M. Grubel, Secretary An employee -owned company October 14, 2003 Steve Kirkpatrick Acting Director of Public Works / Engineering City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY Dear Mr. Kirkpatrick: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services starting Fiscal Year 2004-2005 (FY05). PBS&J is currently providing financial services to the City for Fiscal Year 2003-2004. It is our understanding that the City desires continued assistance with the annual administration of their sewer service billing that has recently been converted to billing on the property tax bills. This includes a yearly update of the customer database and the associated changes to the sewer charges each year. In addition, the City may request as -needed financial services for sewer rate analysis and annual revenue administration. I. SCOPE OF SERVICES Our proposed Scope of Services is outlined in Attachment "A." II. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B." 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Mr. Kirkpatrick October 14, 2003 Page 2 of 2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, Karyn Keese at (760) 753-1120 x427. Respectfully submitted, PBS&J Karyn Keese Financial Services Manager, PBS&J KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc An employee -owned company ATTACHMENT A SCOPE OF SERVICES SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City. I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Sewer Billing / Tax Roll Administration Task 1 Mid year Database Record Additions and Deletions At mid -year (starting in January), review changes in business license, ownership, and building permits as provided by the City and water billing records from Sweetwater Authority and make the necessary changes to the billing database. It is assumed that data will be provided in digital format for ease of corrections. This task includes field verification, data review, database update and QA/QC. Task 2 Mid -year tracking and reporting Coordinate with the City's Project Manager to report on the status of the database and any changes made. This includes ongoing coordination with the City during the year. Task 3 Yearly Database Update and Field Verification: Obtain the County of San Diego's property appraiser database and Sweetwater Authority's water billing records. Review service address to property site address in order to match the City's sewer billing account numbers to property assessor parcel numbers (APNs). Assist the City in performing field verifications (up to 20 hours) to reconcile the accounts and 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Attachment A National City Sewer Billing Page 2of3 APNs that do not match. A sewer service billing database and a data tape will be prepared for the City to submit to the County Assessor's office. B. As -Needed Financial / Accounting Tasks: This task provides for as -needed billing database or financial services that are not included in the above -mentioned Tasks. This would be on a task order basis and may include: the assessment of water use data, updated budget information and revenue requirements. Other tasks may include council or public workshops or meetings or written reports. We have included a not to exceed amount of $10,000 for this contingency. II. ADDITIONAL SERVICES PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Attendance to additional meetings beyond those specifically identified in Section I. B. Assistance with public participation and communications, including planning and participation in public outreach programs, attendance to public meetings and workshops, etc. C. Any additional project related services not specifically included in Section I, Scope of Services. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information or data. Attachment A National City Sewer Billing Page 3 of 3 B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc PBS• An employee -owned company ATTACHMENT B FEES AND CONDITIONS SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $40,322 for the first year, FY05. The upper limit for each subsequent fiscal year that the services are authorized will be increased by five percent (5%) to reflect an increase in billing rates. B. The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. KK: jle c: Sara Maples, PBS&J File I \admin\182\Contracts \JE SEP2003 NC Financial Proposal.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Project Name: Sewer Billing /Tax Roll Administration and As Needed Financial Services Client/Owner: City of National City Project Manager: Karyn Keese Prepared By: mpc Proj/Prop No.: Date: October 14, 2003 LABOR ESTIMATE FEE SUMMARY ITEM TOTAL Labor and Outside Services $39,525 Direct Costs $807 ENGINEERING SERVICES Officer - OFF Senior Program Manager - SPG Project Director - PD Principal Engineer III - PRIII Program Manager- PGM Principal Engineer II - PRII Principal Engineer I - PR Senior Project Manager - SPM Senior Engineer III - SEIII Project Manager - PM Senior Project Engineer - SPE Project Engineer II - SEll Project Engineer I - SEI Senior Engineer - SE Engineer II - Ell Engineer I - El Engineering Aide II - EAII Engineering Aide I - EA! ADMINISTRATIVE SERVICES Financial Manager - FM Administrative Manager - AM Senior Administrative Asst II - SAII Senior Administrative Asst I - SAI Project Analyst - PA Administrative Assistant - AA Administrative Clerk - AC OTHER PROFESSIONAL SERVICES Principal Professional, Division Mgr. - PP Sr. Prof. III, Prog Mgr, Sr. Developer III - SPIII Sr. Prof. II, Sr. Analyst III, Sr. Devel II - SPII Senior Analyst II, Sr. Developer I - SAD Sr. Prof. I, Sr. Analyst I, Developer II - SPI Professional II, Analyst II - PII Professional I, Analyst I, Developer I - PI JPA/PBSJ PA400-3/01 $190 $175 $165 $160 $145 $140 $135 $125 $125 $115 $108 $102 $96 $88 $85 $75 $50 $45 $110 $80 $66 $62 $57 $50 $43 $160 $145 $125 $110 $90 $75 $65 TOTAL $40,332 BILLING RATES ENVIRONMENTAL SCIENCE Senior Scientist III - SSIII Senior Scientist II - SSII Senior Scientist I - SSI Scientist III - SIII Scientist II - SII Scientist I - SI Assistant Scientist - AS Research Assistant - RA CONSTRUCTION RELATED SERVICES Senior Construction Manager - SCM Construction Manager - CM Senior Project Engr (Const.) - SPEC Prevailing Wage Field Rep. - PWFR Senior Field Representative* - SFR Construction Mgmt Rep. II* - CMII Construction Mgmt Rep. I* - CMI (* non -prevailing wage) DESIGN & GRAPHIC SERVICES Senior Design Manager - SDM Senior Designer III - SDIII Senior Designer II - SDII Senior Designer I - SDI Senior Graphics Designer - SGD Designer - DES Graphics Designer - GD Senior CADD Technician - SCT CADD Technician II - CTII CADD Technician I - CTI $160 $124 $116 $106 $98 $85 $70 $50 $118 $108 $96 $92 $89 $82 $75 $110 $105 $95 $85 $80 $75 $75 $71 $66 $60 California Offices in Irvine, Riverside, Encinitas, and San Diego FILE: NC fee est 2003.xls PBS&J TASK Pt DESCRIPTION Task Task/Sub pp pm _ A aa spi LABOR - CODE _ TAFF Labor/Outside HOURS - Services - Page TOTALS HOURS 1 of I FEE A A Task 1 Mid year Database Adds and Drops 2 6 24 0 $0 Field Data verification 2 8 16 32 $3,170 QA/QC and project management 2 4 26 $2,680 Subtotal 6 $780 64 $6,630 Task 2 Mid year tracking reporting 6 6 0 $0 QA/QC and project management 4 8 12 $1,230 Subtotal 12 $1,560 24 $2,790 Task 3 Yearly Database Update 4 15 100 0 $0 Yearly Kickback Verification 4 4 20 119 $11,365 Field Data verification/coord w/City 4 8 20 28 $2,900 QA/QC and project management 4 16 32 $3,360 Subtotal 20 $2,480 199 $20,105 As Needed Financial/Accounting Tasks Subtotal 0 $10,000 0 $10,000 )TAL - THIS PAGE )TAL - ALL PAGES pp pm aa 26 75 0 spi- 186 0 0 0 0 - 0 - 0 - 0 - 0 PAGE 287 TOTALS $39,525 26 75 0 186 0 0 0 0 0 0 0 0 287 $39,525 JPA PA400-2/99 NC fee est 2003.xls - 10/14/2003 PBS&J DESCRIPTION Pt Task Type Quantity Unit Unit Cost Direct Costs TOTALS Cost Tax roll - data tape Photocopies Courier - Same Day Mileage Materials S.D. Property Appraiser TOTAL 1 500 3 120 20 1 VARIES COPIES TRIPS MILES VARIES VARIES $200.00 $0.12 $35.00 $0.35 $5.00 $300.00 $807 $200.00 $60.00 $105.00 $42.00 $100.00 $300.00 JPA PA400-2/99 NC fee est 2003.xls - 10/14/2003 10-03-2003 '2:54pm From —PEW LEGAL MIAMI 305-599-2739 7-288 P.001/003 F-944 Facsimile TR.AINSMITAL to: STEVE KIRKPATRICK fax: (619) 336-4397 re: CITY OF NATIONAL CITY date: October :3, 2003 pages: 3 From the desk of... DEBORAH L. SHIMEL LEGAL ASSISTANT PBS&J 2001 N.W. 107 AVENUE MIAMI, FLORIDA 33172-2507 305,592.7275 EXT. 3288 Fax: 305.599.2739 t E-mail: dlshimel@pbsi.com 10-03-2003 12:54pm Fram-PBS.J LEGAL MIAMI 305-599-2T39 T-268 P.002/003 F-944 ACORla CERTIFICATE Ur LiMrsIL PRODUCER (3053822-7800 FAX 3058270585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. P. 0. Box 9315 Miami Lakes, FL 33014-931S NsuRED Post, Buc ey, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 I II I 1MOIdi\rBS7V1• I .LVIUSILUv:a - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICES CATE OR BELOW. RAC f INSURERS AFFORDING COVERAGE wsLRERA. Continental Casualty Company A KV NELHE¢E. American Casualty Co Reading A 11(V Nc eFRc Lloyds of London A- XV PISURERD: jNSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MIRED NAMED ABOVE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT E CD RIY PDID REIN THEIN AGGREGATE INSURANCEAFFORDEDDESCRIBED PAY ERPERTAIN. EDY HAVE E SEEN POLICIES FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of SUCH P i IRATION uwvs WAR TYPE OF INSURANCE PDDCY R m s** �IS�OySUBJ�ro SATE EFL FECm E 4Ns°L A RIg GENERALLweiLITY X COMMEPCM.GENERALLIABWTY GL241843206 09/30/2003 09/30/2004 EACHOCCLIRRENCE c 1,000,000 S + + 1 004 000 DAMAGETORENIED iV.'+'. tCA nrr,mvm MEDEAF(AnyusePersoM s 25,000 $ 1,006,000 $ 2,000,000 CLA>MSMADE IT OCCUR PERSDNL&AOYIN'uRY X Contractual Liab GENERAL AGGREGATE ■ GEN'L PRODUCTS • COMPAP AOG 1 2, 000, 000 AGGREG�AT�E LIMIT APPLES PER. POUCY LECT M LOC A AUTOMOBILE X X X © X LIABILITY AN V ALPC ALL OWNED AUTOS SCHEDULED AUTOS ,pREDA ms NONLOLNNED AUTOS Contractual Liab BUA247843223 09/30/2003 09/30/2004 C0MBSEDSPIGLE UMTr aaowlet) d 1,000,000 .+ BODO INJURY (Per Pa*om BODILY INJURY (Pef dCQONRI PROPERTYDAMAGE ORpecomsmi S GARAGELMBILITY AIWA= AUTOONLY-EA ACCOENT S OTI+ER THAN EAACC S AUTOONLY AGE S A EXCESSA,MBRELLA X . X LIABILr'Y OCCUR LiCLAIMSMADE OEWCTmLE RETENTION s 10,000 CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE S 10,000,y00y S 10, 000, 0001 AGGREGATE EGATE S s s B WORKERS COMPENSATION AND EMPLOYERS' LIABIUIY XECLTWE OFFANYICE EMBEERR FACLLUUD C' R»*. a"!Ct%°9U e! SPECIAL PROVISIONS OWow NC247843268 NO 09/30/2003 09/30/20s- JLA 1 r X1T m EL.EACH ACCDEi{T 4 1,000, 000 EL. DISEASE -EA EMPLOYEE $ 1,000.000 S 1,000,000 Limits Aggregate Retrodate EL. DISEASE• POLICY LIMN C OM rofessional/Pollutio Liability P42303 CLAIMS -MADE FORM 09/10/2003 09/30/2004 51,000,000 Ea Claim and Annual _ 11/11/1961 DESORPTION OF OPERA ONEILOCATIONEIVEHXIES I E%CLl1SION$ADDED BY ENDOItlEMeITI SPECIAL PROVISIONS Re: City of National City Standard Agreement Revisions. The City and is officers, agents and employees are named as additional insureds on the General liability; said plicies hall be primary and non-contributory to that of the named additional insureds. Issuing companies will provide 30 days written notice of cancellation, non -renewal and/or material reduction of coverage/limits. CERTIFICATEQLDER City of National City 1243 National City Blvd National City, CA 91950-4301 CANCELLATION SHOULDANY OF THEABOVEDESCRIES PONCIEB RE CANCELLED BEFORE THE EXPIRARONDATETNEREOP,THE ISSUING INSURERWILL ENDEAVOR TO MALL 10 DAYS WRITTEN NOTCETDTHE CERTIFICATE HOLDER NAMED TOTNE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLISNIION OR LIABILITY OF ANT KNDUPONTHE INSURER, RS AGENTS OR REPRESENTATIVES. AV TNORIEO REPREEEMTATNE Meade Collinsworth/EEC��' • ACORD 25 (2001/00) (ACORD CORPORATION 1988 10-03-2003 12:54pm From —PBS&! LEGAL MIAMI 305-599-2739 T-268 P.003/003 F-944 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the poticy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACORD 25 (2001/Oa) An employee -owned company October 14, 2003 Steve Kirkpatrick Acting Director of Public Works / Engineering City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY Dear Mr. Kirkpatrick: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial services starting Fiscal Year 2004-2005 (FY05). PBS&J is currently providing financial services to the City for Fiscal Year 2003-2004. It is our understanding that the City desires continued assistance with the annual administration of their sewer service billing that has recently been converted to billing on the property tax bills. This includes a yearly update of the customer database and the associated changes to the sewer charges each year. In addition, the City may request as -needed financial services for sewer rate analysis and annual revenue administration. I. SCOPE OF SERVICES Our proposed Scope of Services is outlined in Attachment "A." II. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B." 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Mr. Kirkpatrick October 14, 2003 Page 2 of 2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, Karyn Keese at (760) 753-1120 x427. Respectfully submitted, PBS&J Karyn Keese Financial Services Manager, PBS&J KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc a- An employee -owned company ATTACHMENT A SCOPE OF SERVICES SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City. I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Sewer Billing / Tax Roll Administration Task 1 Mid year Database Record Additions and Deletions At mid -year (starting in January), review changes in business license, ownership, and building permits as provided by the City and water billing records from Sweetwater Authority and make the necessary changes to the billing database. It is assumed that data will be provided in digital format for ease of corrections. This task includes field verification, data review, database update and QA/QC. Task 2 Mid -year tracking and reporting Coordinate with the City's Project Manager to report on the status of the database and any changes made. This includes ongoing coordination with the City during the year. Task 3 Yearly Database Update and Field Verification: Obtain the County of San Diego's property appraiser database and Sweetwater Authority's water billing records. Review service address to property site address in order to match the City's sewer billing account numbers to property assessor parcel numbers (APNs). Assist the City in performing field verifications (up to 20 hours) to reconcile the accounts and 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Attachment A National City Sewer Billing Page 2 of 3 APNs that do not match. A sewer service billing database and a data tape will be prepared for the City to submit to the County Assessor's office. B. As -Needed Financial / Accounting Tasks: This task provides for as -needed billing database or financial services that are not included in the above -mentioned Tasks. This would be on a task order basis and may include: the assessment of water use data, updated budget information and revenue requirements. Other tasks may include council or public workshops or meetings or written reports. We have included a not to exceed amount of $10,000 for this contingency. II. ADDITIONAL SERVICES PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Attendance to additional meetings beyond those specifically identified in Section I. B. Assistance with public participation and communications, including planning and participation in public outreach programs, attendance to public meetings and workshops, etc. C. Any additional project related services not specifically included in Section I, Scope of Services. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information or data. Attachment A National City Sewer Billing Page 3 of 3 B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. KK:jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc S An employee -owned company ATTACHMENT B FEES AND CONDITIONS SEWER BILLING / TAX ROLL ADMINISTRATION AND AS -NEEDED FINANCIAL SERVICES FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $40,322 for the first year, FY05. The upper limit for each subsequent fiscal year that the services are authorized will be increased by five percent (5%) to reflect an increase in billing rates. B. The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. KK: jle c: Sara Maples, PBS&J File I:\admin\182\Contracts\JE SEP2003 NC Financial Proposal.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com LABOR ESTIMATE Project Name: Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: Sewer Billing /Tax Roll and As Needed Financi City of National City Karyn Keese mpc October 14, 2003 Administration al Services FEE SUMMARY ITEM TOTAL Labor and Outside Services $39,525 Direct Costs $807 ENGINEERING SERVICES Officer - OFF Senior Program Manager - SPG Project Director - PD Principal Engineer III - PRIII Program Manager - PGM Principal Engineer II - PRII Principal Engineer I - PR Senior Project Manager - SPM Senior Engineer III - SEIII Project Manager - PM Senior Project Engineer - SPE Project Engineer II - SEll Project Engineer I - SEI Senior Engineer - SE Engineer II - Ell Engineer I - El Engineering Aide II - EAU Engineering Aide I - EAI ADMINISTRATIVE SERVICES Financial Manager - FM Administrative Manager - AM Senior Administrative Asst II - SAII Senior Administrative Asst I - SAI Project Analyst - PA Administrative Assistant - AA Administrative Clerk - AC OTHER PROFESSIONAL SERVICES Principal Professional, Division Mgr. - PP Sr. Prof. III, Prog Mgr, Sr. Developer III - SPIII Sr. Prof. II, Sr. Analyst III, Sr. Devel II - SPII Senior Analyst II, Sr. Developer I - SAD Sr. Prof. I, Sr. Analyst I, Developer II - SPI Professional II, Analyst II - PII Professional I, Analyst I, Developer I - PI JPA/PBSJ PA4003/01 $190 $175 $165 $160 $145 $140 $135 $125 $125 $115 $108 $102 $96 $88 $85 $75 $50 $45 TOTAL $40,332 BILLING RATES ENVIRONMENTAL SCIENCE Senior Scientist III - SSIII Senior Scientist II - SSII Senior Scientist I - SSI Scientist III - SIII Scientist II - SII Scientist I - SI Assistant Scientist - AS Research Assistant - RA CONSTRUCTION RELATED SERVICES Senior Construction Manager - SCM Construction Manager - CM Senior Project Engr (Const.) - SPEC Prevailing Wage Field Rep. - PWFR Senior Field Representative* - SFR Construction Mgmt Rep. II* - CMII Construction Mgmt Rep. 1* - CMI (* non -prevailing wage) DESIGN & GRAPHIC SERVICES $110 Senior Design Manager - SDM $80 Senior Designer III - SDIII $66 Senior Designer II - SDII $62 Senior Designer I - SDI $57 Senior Graphics Designer - SGD $50 Designer - DES $43 Graphics Designer - GD Senior CADD Technician - SCT CADD Technician II - CTII $160 CADD Technician I - CTI $145 $125 $110 $90 $75 $65 $160 $124 $116 $106 $98 $85 $70 $50 $118 $108 $96 $92 $89 $82 $75 $110 $105 $95 $85 $80 $75 $75 $71 $66 $60 California Offices in Irvine, Riverside, Encinitas, and San Diego FILE: NC fee est 2003.xls 1 I_a u..,iv a•YC eryIce g TASK DES RIPTION LABOR CODEFSTAFF HOURS TOTALS Pt Task Task/Sub pp pm aa spi - - - - - - - - HOURS FEE Task 1 0 $0 Mid year Database Adds and Drops 2 6 24 32 $3,170 Field Data verification 2 8 16 26 $2,680 QA/QC and project management 2 4 6 $780 Subtotal 64 $6,630 Task 2 0 $0 Mid year tracking reporting 6 6 12 $1,230 QA/QC and project management 4 8 12 $1,560 Subtotal 24 $2,790 Task 3 0 $0 Yearly Database Update 4 15 100 119 $11,365 Yearly Kickback Verification 4 4 20 28 $2,900 Field Data verification/coord w/City 4 8 20 32 $3,360 QA/QC and project management 4 16 20 $2,480 Subtotal 199 $20,105 As Needed Financial/Accounting Tasks 0 $10,000 Subtotal 0 $10,000 pp pm aa spi - - - - PAGE TOTALS TOTAL - THIS PAGE 26 75 0 186 0 0 0 0 0 0 0 0 287 $39,525 TOTAL - ALL PAGES 26 75 0 186 0 0 0 0 0 0 0 0 287 $39,525 f ° NC fee est 2003.xls - 10/14/2003 JPA PA400-2/99 f ° NC fee est 2003.xls - 10/14/2003 JPA PA400-2/99 PBS&J Direct Costs DESCRIPTION Pt r Task Type Quantity Unit Unit Cost TOTALS Cost Tax roll - data tape Photocopies Courier - Same Day Mileage Materials S.D. Property Appraiser 1 500 3 120 20 1 VARIES COPIES TRIPS MILES VARIES VARIES $200.00 $0.12 $35.00 $0.35 $5.00 $300.00 $200.00 $60.00 $105.00 $42.00 $100.00 $300.00 TOTAL $807 JPA PA400-2/99 9 NC fee est 2003.xls - 10/14/2003 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2T39 '-298 P.001/003 F-944 Facsimile TRANSM1TAL to: STEVE KIRKPATRICK fax: (619) 336-4397 re: CITY OF NATIONAL CITY date: October 3, 2003 pages: 3 From the desk of... DEBORAH L. SHIMEL LEGAL ASSISTANT PBS&J 2001 N.W. 107 AVENUE MIAMI, FLORIDA 33172-2507 305.592.7275 EXT. 3288 Fax: 305.599.2739 II E-mail: dlshimel@pbsj.com 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2T39 T-268 P.002/003 F-844 AC©Ra CERTIFICATE VI- LIAbIL PRODUCER (105)822-7800 FAX 3058270585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. P. O. Box 9315 Miami Lakes, FL 33014-9315 .asuRED Post, Buc ey, Schuh, & 3ernigan, Inc. d/b/a PBS&3 2001 NW 107 Avenue Miami, FL 33172-2507 11 I crisavBVABlunes. l iV/w/cvw - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL H INSURER A. Continental Casualty Company A XV NSURERa. American Casualty Co Reading A XV NSURERC Lloyds of London A- XV INSURER!" NSURER E COVERAGES NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ANY REOU;REMENT. TERM OR CONDITION OF ANY CONTRACT OR OPHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECrTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES. NSR ADOT. TYPE OF INSURANCE POLICY NUNHER POL11CYEFFECTIVE OAiEmWODlM POLICY IRATON HATE LDS I TR 1T', n CENERALLIABILITY GL247843206 09/30/2003 09/30/2004 EACHOCCLRRENCE % 1,000,000 X COMMERCIAL GENERAL LIABLL�TY DAMAGE O RE E DAMA DAMAGE IFA 'Bl 1TED 000 OOD S . S CLAWSMAOE n OCCUR row EYP(AM oeA ovum) 25,000 A X Contractual Liab PERSONRL&AOY,NJURY s 1,000,000 GENERAL AGGREGATE S 2, 000.00N GENL AGGREGATELCAIAPPLES PER. PRORS- COAPIOP AOG ICT S 2,000,000 7 POLCY m 7a n LOC - AUTOMOBILE To LIABILITY ANYAUrO BUA247843223 04/30/2003 09/30/2004 COA®AE09,4LEUMR (Conners) 1,000,000 X ALL WYNED AUros SCHEDLKED AUTOS BOOLYWIURY (Par S A X X oseo.nUros NON AUTOS BODILY%LRY (RH acme) T X -OWNED Contractual Liab FTpPERTY DAMAGE -AI S (pawpaw GA AGE LIABILITY .. TOON-Y-GA ACCtOENT S ANYAJTO OTr€RMAN EAACC S -- AUTOOM.Y. AGO S EXCEBBAIMBRELLAUABILRY C11P2068179760 04/30/2003 09/30/2004 EACHOCCURRENCE s 10,000,000 IlDC C.R n CLAIMS MADE AGGREGATE S 10, 000, 000 A s DEDUCTeLE T X RETENTION $ 10,000 S WORMERS COWENOATION AND WC247843268 09/30/2003 09/30/2004 X �i'c01 Bin"n ER EWLOYERS'LUBILIIT ELEACHACCOENT S 1,000,000 B OCERKTOxWTME OFFICER/MEMBER R/MEMMBER ENCUD NO EL. DISEASE BA EWLDYSE f 1,0005000 RPECIA PRA SIO SPECIAL PROVISION9 OGIM EL. OISEAGE .POLCYLINUT $ 1,000,000 C OTHE Professional/Pollutio n Liability P42303 CLAIMS -MADE FORM 09/10/2003 04/30/2004 S1,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate DEBCRBTION OF OPERATION5ILOCATIDN'l1VEHICLES I EXCLUSIONS ADDED EYENDORSEMENTI VITOAL PROVISIONS Re: City of National City Standard Agreement Revisions. The City and is officers, agents and employees are named as additional insureds on the General liability; said plicies hall be primary and non-contributory to that of the named additional insureds. Issuing companies will provide 30 days written notice of cancellation, non -renewal and/or material reduction of coverage/limits. CERTIFICATF,J gLDFR City of National City 1243 National City Blvd National City, CA 91950-4301 AGORD 25 (2001l00) CANCELLATION SHOULD ANT OF THE ABOVE DESCRIBED POLICE® DE CANCELLED DEF ORE THE EXPIRATION DATE TFEREOF,THEISSUINOINSURERWILL ENDEAVOR TO MAIL 30 DAYS WRIniEV NOTICETO THE CERTIFICATE HOLOnt NAMED TO THELEPT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ORLIABILIT ( OF ANY KIND UPON THENBURER, ITS AGENTS OR REPRESENTATIVES. PosoiORRED RWAOSENTATNE Meade Collinsworth/EEC QACOROCORPORATION T988 If 10-03-2003 12:54pm From-PBS&J LEGAL MIAMI 305-599-2739 T-266 P.003/003 F-944 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies fisted thereon. AGORD 2S (2001i00) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 18th day of November, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing/Tax Roll Administration and any as needed Financial Services for Sewer rate analysis for Fiscal Year 2004-2005. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. )3 3. PROJECT COORDINATION AND SUPERVISION. Steve Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the $40,322. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific period of one year from the date of signature of agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the. CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSUTLANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 )v Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is notan employee CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub CONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Sr Revised August 2003 nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The 4 Revised August 2003 CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT 's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: XL] A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 I / Revised August 2003 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of 6 Revised August 2003 the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 l� Revised August 2003 be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Steve Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the 8 aG Revised August 2003 City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such 9 oL d Revised August 2003 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: rL_..._Sz Nick Inzunza, Mayor (Nah e) APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) (Title) 10 Revised August 2003 .IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT NnvPmher 1 . 2003 AGENDA ITEM NO. 4 /ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-2005 PREPARED BY Joe Smith 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering On June 17, 2003, Council approved a resolution authorizing PBS&J to create a database that was used in transferring the collection of wastewater billing to the County of San Diego Tax Rolls. The City will need continued assistance with annual administration of our sewer service billing. This will include the updating of any change that may have occurred to the customer database and the associated charges of these changes. This will also include a mid -year database review and tracking reports of our records with water billing records provided by Sweetwater Authority. PBS&J will then create a sewer billing data tape and provide it to the County Assessor's office. This Agreement will also provide any additional "as needed" financial services for sewer rate analysis that may not be included in the above -mentioned tasks which would include updating budget information, assessing water use data and council or public workshops. This "as needed" Agreement will supercede the previous "as -needed" Agreement with PBS&J, Resolution No. 2002-159. r - Environmental Review N/A Financial Statement Approved By:r�. The contract is for $30,322 for sewer tax roll administration and $10,000�in n a Drector for "as needed" contract for a total of $40,322. Funds are budgeted for this work in Account No. 125-422-222-299. Account No. STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to enter into thgreement. Si/i( BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement A-200 9;99) Resolution No. 2003-159 RESOLUTION NO. 2003 — 159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE ON -GOING SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-2005 WHEREAS, the City desires to employ a contractor to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2004-2005; and WHEREAS, the City has determined that PBS&J is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with PBS&J to provide on -going sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2004-2005. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 18th day of November, 2003. ATTEST: Mich el Dalla, C',Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on November 18, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-159 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2003. City Clerk of the Cit)fof National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 5, 2003 Paul Cooley, Vice President PBS&J 175 Calle Magdelena Encinitas CA 92024 Dear Mr. Cooley, On November 18, 2003, Resolution No. 2003-159 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement with PBS&J to provide on -going sewer billing / tax administration and any "as needed" financial services for sewer rate analysis for fiscal year 2004-2005. We are forwarding a certified copy of the above Resolution and a fully executed agreement. Sincerely, Martha L. Alvarez, CMC Deputy City Clerk /mla Enclosure cc: PW / ENG File No. C2003-46 ® Recycled Paper