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HomeMy WebLinkAbout2004 CON PBS&J - Delinquent Sewer Bill ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 18th day of May, 2004, 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 Provide Financial services for the collection of Bad Debt for Delinquent Sewer Service Fees from property owners. 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. Revised August 2003 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 $47,020. 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 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 CONSULTANT 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 Revised August 2003 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: XD 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- 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 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 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 By: APPROVED AS TO FORM: George H. Liser, III City Attorney 10 (Two signatures required for a corporation) (Title) By: LA (Name) (Title) Revised August 2003 REV An employee -owned company ATTACHMENT A SCOPE OF SERVICES COLLECTION OF BAD DEBT FOR SEWER SERVICE FEES In response to your request, PBS&J is pleased to submit this proposal for financial services to you, 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. Preliminary Strategic Planning To assist the City in understanding the procedures associated with the lien process and collection of delinquent charges, PBS&J will research the pertinent legal requirements and review them with the City Attorney for applicability. From these discussions, PBS&J will work with the City's project team to outline the necessary steps to implementation. PBS&J will prepare a project schedule and identify critical path items and work with City staff to determine who will be responsible for completing each task. B. Prepare Database of Delinquent Accounts This task includes coordination with the City's Finance Department for account information and the County of San Diego Tax Collector's office to obtain current property owner information. PBS&J will work with the City's project team (including the City Attorney, City Manager's office and Engineering/Public Works) to determine appropriate interest charges and lien processing charges. A list of properties, with the amounts to be charged and the property owner information, will be prepared. C. Lien and Collection Process This task provides for the coordination and preparation of notifications to the delinquent property owners. PBS&J will prepare a form letter to be sent to the property owners informing them of the charges due and the lien process. The City will coordinate with a mailing service to send out the letters. Two (2) letter notifications are included in this scope. 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Attachment A National City Bad Debt Collection Page 2 of 3 PBS&J will prepare the list of delinquent properties to be published in the newspaper of wide circulation throughout the City. PBS&J will provide this list to the City Clerk for publication no less than 10 days prior to the public hearing. It is assumed that Finance will provide PBS&J a list of properties to indicate those who have paid their charges prior to final preparation of the liens and tax rolls (see Client Furnished Services below). PBS&J will prepare the tax rolls for acceptance by City Council and submit these to the County for processing. PBS&J will then prepare and record the Notice of Lien with the County. C. Public Hearing PBS&J will attend one council meeting to present the delinquent accounts. D. Customer Inquiries It is our understanding that the Finance Department will be the primary contact for customer questions during the process. PBS&J will provide additional technical information to customers if needed. This proposal assumes 200 phone calls at 0.5 hour per call. If additional coordination with customers is necessary, these will be performed as additional services. 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. Mailings of notifications to property owners. C. Preparation and recordation of the Release of Lien for properties that have paid. D. Customer inquiries beyond the number included in Section I. E. Any additional project related services not specifically included in Section I, Scope of Services. PBS Attachment A National City Bad Debt Collection Page 3 of 3 III. CLIENT FURNISHED SERVICES The following services or information will be provided by the Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Budget and customer data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not and have no obligation to perform any manner of check, review or verification of the accuracy or completeness of the data provided. B. Assign one person to serve as the Client's project manager who has the authority to represent the Client and will serve as the point of interface for all project issues and communications. C. Collection and processing of payments from delinquent accounts. D. Providing status of payments received from property owners in a timely manner at each of the following phases: a. At the initial data collection b. Prior to mailing of the second notification c. Prior to publication of properties to be liened in the newspaper d. Prior to Public Hearing e. Prior to finalization of properties to be liened and placed on the County tax rolls. E. Addressing and mailing of notifications to property owners. F. Publication of notification of lien. PBS �•1 An employee -owned company ATTACHMENT B FEES AND CONDITIONS COLLECTION OF BAD DEBT FOR SEWER SERVICE FEES I. 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 $47,020. 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. 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PBS 1 An employee -owned company PBS&J CALIFORNIA ENVIRONMENTAL STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2004 ENGINEERING SERVICES Officer $198.00 Senior Program Manager 182.00 Project Director 172.00 Principal Engineer III 161.00 Program Manager 151.00 Principal Engineer II 146.00 Principal Engineer I 140.00 Sr. Project Manager, Sr. Eng. III 130.00 Project Manager 123.00 Senior Project Engineer 112.00 Project Engineer II 108.00 Project Engineer I 100.00 Senior Engineer 92.00 Engineer II 88.00 Engineer I 78.00 Engineering Aide II 52.00 Engineering Aide I 47.00 ENVIRONMENTAL SCIENCE Senior Scientist III $166.00 Senior Scientist II 128.00 Senior Scientist I 120.00 Scientist III 110.00 Scientist II 102.00 Scientist I 88.00 Assistant Scientist 72.00 Research Assistant 50.00 OTHER PROFESSIONAL SERVICES Principal Professional $166.00 Sr. Prof. III, Prog. Mgr., Sr. Devel. III 150.00 Sr. Prof. II, Sr. Analyst III, Sr. Devel. II 130.00 Sr. Analyst II, Sr. Devel. I 114.00 Sr. Prof. I, Sr. Analyst I, Devel. II 94.00 EXPENSES AND OUTSIDE SERVICES OTHER PROFESSIONAL SERVICES (Cont.) Prof. II, Analyst II, 78.00 Prof. I, Analyst I, Devel. I 68.00 DESIGN & GRAPHIC SERVICES Senior Design Manager $114.00 Senior Designer III 109.00 Senior Designer II 99.00 Senior Designer I 88.00 Senior Graphics Designer 83.00 Designer 78.00 Graphics Designer 78.00 Senior CAD Technician 74.00 CAD Technician II 68.00 CAD Technician I 62.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $123.00 Construction Manager 112.00 Senior Project Engineer (Const.) 100.00 Senior Field Representative* 93.00 Construction Management Rep. II* 85.00 Construction Management Rep. I* 78.00 Prevailing Wage Field Rep. ** 98.00 ADMINISTRATIVE SERVICES Financial Manager 114.00 Administrative Manager 83.00 Senior Administrative Assistant II 69.00 Senior Administrative Assistant I 64.00 Project Analyst 59.00 Administrative Assistant 52.00 Administrative Clerk 45.00 In addition, identifiable non -salary costs that is directly attributable to the project such as reproduction costs, telephone charges, mileage, postage, etc, are billed at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs. Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. Cell phone usage is charged at $1 per labor hour for management personnel. * Non -Prevailing Wage ** - Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates. If applicable, a vehicle allowance of $750.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector. This monthly allowance will be prorated based upon hours worked for part-time inspection. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for insurance costs. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business. 1'\ \tb\rates env west std rate 1-04.doc 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax 760.753.0/3• www.pbsi.com 1''�3��• An employee -owned company DATES ATTACHMENT C BAD DEBT COLLECTION — LIEN PROCESS TARGET SCHEDULE RESPONSIBLE PARTY TASK April 1 — April 25 PBS&J Prepare List of Delinquent Accounts Review Delinquent Accounts • Identify which are property owners vs. tenants • Identify which properties can be liened vs. govt. agencies, schools, bankruptcies, etc. • Match with Current Assessor Information • Determine lien processing charge and interest to be collected with each account • Create notification letter May 3-May 5 Finance Confirm delinquentaccounts that have not been paid Approx 4-6 hours to provide status of payments/refunds received since July 1, 2003 from list provided by PBS&J (approx 255 accounts) May 4 PBS& J Prepare Mailing merge Notifications to Property Owners that payments are delinquent and liens will be filed if not paid by Jun 1. May 10 PBS&J with Mailing Company 1st Mailing of Notifications May 24 PBS&J with Mailing Company 2"a Mailing of Notifications June 14-16 Finance Provide status of payments received Approx 4-6 hours to answer basic customer questions and provide status of payments since May 5, 2004 to PBS&J - needed prior to publication of properties to be liened in the newspaper June 21 PBS&J prepare/ Publication of properties to be liened City Clerk publish June 28-30 Finance Provide status of payments received Approx 4-6 hours to answer basic customer questions and provide status of payments since June 16, 2004 to PBS&J- prior to finalization of properties to be liened and placed on the County tax rolls. July 1 July 6 PBS&J PBS&J Prepare final list of properties to be liened Public Hearing July 6 — August 2 PBS&J Prepare List for Lien Amount for Tax Rolls Format list for submission to County Tax Collector August 3 City Council Approval of Tax Roll August 4 PBS&J August 5 —10 PBS&J August 16 PBS&J June 1, 2005 Finance July 15, 2005 City Attorney Submit Lien Tax Rolls to County Resolve kickbacks or revisions Record Notice of Lien Confirm Payments Received Record Release of Lien 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com PB�• 1 An employee -owned company ATTACHMENT D PBS&J AND PROJECT TEAM EXPERIENCE AND BACKGROUND 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Company Overview PBS&J offers a strong national reputation. broad -based technical expertise, and a sincere commitment to client service. We Pledge Responsive Service PBS&J is keenly aware of the need for efficient and responsive service for all projects. The firm has a superior record of performance by successfully completing high quality projects within budget and on schedule. The specific needs of each client are addressed and incorporated into the planning and scheduling of each project. Proactive communications are maintained throughout the project. It is this responsive, personalized service that allows us to boast a high number of repeat business clients. We are committed to providing responsive service to the City of National City. Firm Background PBS&J, one of only a few large, employee -owned engineering firms, is consistently ranked among the top ten percent of design firms in the nation. The firm was founded in 1960, and is a registered corporation. We are currently ranked 25th by Engineering News Record, 5th in pure design. With more than 3,200 employees, PBS&J is able to serve clients through a network of 60 offices nationwide. Our Southern California staff includes over 190 full-time employees in our San Diego, Encinitas, Irvine, and Riverside offices. These staff members are skilled in a wide range of disciplines, including water and wastewater engineering civil and structural engineering, planning, surveying, and construction support and management services for various public works projects for city, county, state, and federal agencies. PBS&J is a multi -service engineering and consulting firm with expertise in four specific areas: environmental, transportation, civil engineering, and construction management. Our Southern California offices specialize in financial services and the planning, design, and construction management of water, recycled water and wastewater infrastructure projects. Our staff has managed all types of water and wastewater projects, from planning through construction, including water, sewer, recycled water, and storm drain master plans, pipeline designs, water and wastewater pump stations, sewer force mains, reservoirs, pressure regulating stations, surge control facilities, and more. PBS&J's extensive experience allows our staff to provide each client with a careful evaluation of constructability issues, the identification of potential problems, and practical, innovative solutions. PBS&J provides substantial benefits to each of our clients regardless of the size or complexity of the individual project. We can assign skilled people from any one of Comprehensive resources, proven service Page 1 PBS&J believes performance is optimized by providing unsurpassed service and value to our clients, PBS; our offices to assist on any given problem. This gives PBS&J the flexibility to customize our services to satisfy precise project requirements; to direct manpower and resources to meet emergency, unexpected, or additional service needs; and to provide project management capabilities to handle all types of projects. Our large, local offices bring many key benefits that set us apart from the competition. Our fields of expertise include: Water/Wastewater Services Master Planning System Assessment Program Management Pump Stations & Pipelines Wastewater Treatment Water Reclamation & Reuse Reservoir Design Water Treatment SCADA & Operational Guidance GIS/Information Services Comprehensive CAD Services Mapping Facilities Inventories & Databases Website Development Electronic Data Manipulation/ Translation ❖ Municipal/District Engineering City Engineering Staff Services Assessment Engineering Plan Checking/Development Review Program Management Financial Planning Environment Documents & Permitting Construction Management (PCM) Construction Observation Construction Management General Civil Engineering Site Civil Planning & Design Storm Drainage Facilities Street & Highway Design Wet Utility Design Qualifications PBS&J has built a successful reputation by providing quality engineering services to numerous cities, districts, and agencies in Southern California. A partial list of our public agency clients include: • City of San Diego County of San Diego Irvine Ranch Water District City of Newport Beach City of Encinitas City of Del Mar City of Riverside City of Solana Beach City of Chula Vista San Dieguito Water District San Diego County Water Authority City of Oceanside City of Long Beach • • :• ❖ City of National City City of Vista City of San Marcos City of Escondido City of La Mesa City of Carlsbad Carlsbad Municipal Water District San Elijo Joint Powers Authority South Coast Water District Elsinore Valley Municipal Water Dist. Vista Irrigation District City of Dana Point County of San Bernardino Comprehensive resources, proven service Page 2 Qualifications PBS&J's multi -disciplined capabilities, relevant, experience, and strong project team offers the combination of resources needed for this project A Specialized Project Team to Offer the City a Full Range of Financial and Engineering Services We have identified and committed a project team that provides the City with a large and widely experienced resource of municipal finance, information systems and project level engineers who will accomplish the cost-effective services necessary to complete the required 2005 Tax Roll Administration. Most importantly, our PBS&J staff is locally based and able to provide a wide range of services. The following are brief resumes of our management team members, project engineers, and technicians with whom you will be working on a daily basis. Upon review of these resumes, we believe the City will recognize a superior project team that will achieve the City's goals. Paul E. Cooley, P.E. Principal -in -Charge As Principal -in -Charge, Mr. Cooley will regularly monitor and review the overall efforts of the team. By periodically reviewing the project work, he will be able to measure the effectiveness and assure that services are regularly completed on time and in the most efficient manner possible. Mr. Cooley, a Vice President at PBS&J, has over 22 years of consulting experience. During the past 15 years, he has been Principal -in -Charge, Project Manager, and Project Engineer on a wide variety of advanced water/wastewater projects, including water and reclamation master plans; water and wastewater treatment plant pre -design, design and construction support; pipeline, reservoir, and numerous advanced water treatment plant designs. He has been responsible for QA/QC on systems ranging in cost from $500,000 to $10 million. Financial Services Team Summary Karyn L. Keese Financial Services Project Director When financial services are required, Karyn Keese brings her 20 years of experience in public finance and management in the public and private sectors to find creative, effective financial solutions. Based in southern California Ms. Keese leads a talented staff of financial services specialists working on local, state, and national efforts. She has extensive experience throughout San Diego County in financial plans and cost -of -service studies, operating and capital budget systems, grants management, intergovernmental relations, and institutional and market analysis for water, wastewater, and storm water utilities. Ms. Keese has been the sewer rate consultant for the City since 1991. Ms. Keese will direct the project as well as provide technical support. Comprehensive resources, proven service Marial Paras Cairns, P.E. Financial Services Project Manager Mariel Paras Cairns is a Project Manager at PBS&J, with nine years experience providing a wide range of financial and engineering services to public agencies throughout San Diego County. Ms. Cairns has extensive experience in financial analyses including rate studies, long range planning, connection fee studies, and forming special financing districts. Her engineering experience, in planning and design of water and sewer infrastructure, capital improvement program management, and comprehensive plan checking reviews of public improvements and private land development projects, complements her work on financial projects. She worked closely with Karyn Keese on the studies for the City of National City, City of Chula Vista, City of La Mesa, City of Vista and Buena Sanitation District, and four of the County of San Diego's sewer districts. Ms. Cairns will provide project coordination between financial services and information solutions. Amanda Lopez Project Analyst Ms Lopez was the financial services project analyst for the tax roll conversion project in 2003 for the City of National City. Ms. Lopez assisted in successfully converting the City's direct billing system to the San Diego County Assessor's roll on a fast track basis. Following through with the project she pulled from three different resources to finalize and detail each parcel, ensuring that the information on the tax rolls was correct. She also provided customer service for those inquiring about the new sewer service changes. She will service as project analyst for the 2005 sewer service tax roll project. Currently she is coordinating office operations for the County of San Diego Fire Debris Clean Up project. This involves working closely with the County to ensure the project is running smoothly and is cost efficient. This involves coordinating and executing tasks with field operations, office operations, information systems operations, as well as a third parties consisting of contractors and haulers. Information Solutions Brad Scott Information Solutions Group Program Manager Brad Scott is the Program Manager of PBS&J's San Diego Information Solutions group. He has experience in Geographic Information Systems (GIS), digital cartographic databases, relational database management, programming and web development. His expertise includes system needs assessments, application development, programming, spatial analysis, cartography and data collection/creation. As a Senior Information Solutions Developer, Mr. Scott is a technical leader with expertise on a variety of projects. He has led mapping, data conversion and spatial analysis efforts for recent master planning and assessment projects, including the National City Tax Roll Conversion, the Carmel Valley Trunk Sewer, the San Diego CCTV Video Inspection Project, the Otay Mesa Trunk Sewer Alignment Study and the Poggi Canyon Trunk Sewer Study. In addition, Mr. Scott has significant experience in the production and maintenance of digital cartographic databases, and has recently managed several ArcGIS based digital atlas projects. Those projects include an Aerial Atlas for the City of Dana Point, a master plan mapping atlas for the City of Encinitas, which included a citywide CAD to GIS data conversion, and is currently involved in developing a Sewer Mapping Application for the City of La Mesa. Mr. Scott will perform the information systems quality control and mapping efforts. Comprehensive resources, proven service ACORQM CERTIFICATE OF LIABILITY INSURANCE 05/10/2o (PRODUCER (305)822-7800 FAX 3058270585 Coll insworth, Al ter, Fowler, Dowl ing & French Group Inc. P. O. Box 9315 Miami Lakes, FL 33014-9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 INSURER A: Continental Casualty Company A XV INSURERB: American Casualty Co Reading A XV INSURER C: Lloyds of London A- XV INSURERD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRQDATE TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE (MMIr1DM1 POLICY EXPIRATION DATE IMMIDDNYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL247843206 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,000 X DAMM SESOfFa NTiED $ 1,000,000 CLAIMS MADE X OCCUR rel MEDEXP(Any one person) $ 25,000 X Contractual Liab PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I A I JE T X I LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Contractual Liab BUA247843223 09/30/2003 09/30/2004 COMBINED SINGLE UNIT (Ea accident) $ 1,000,000 X X BODILY INJURY (Per person) X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS(UMBRELLA LIABILITY CUP2068179760 09/30/2003 09/30/2004 EACH OCCURRENCE $ 10, 000, 000 X I OCCUR CLAIMS MADE AGGREGATE $ 10, 000, 000 DEDUCTIBLE REILMION $ 10, 000 $ X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUIIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC247843268 NO 09/30/2003 09/30/2004 X WC STAM . OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 Limits Aggregate Retrodate C OTHER Professional/ Pollution Liability P42303 CLAIMS -MADE FORM 09 30 2003 / / 09 09/30/2004 / $1,000,000 Ea Claim and Annual 11/11/1961 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Re: Collection of Bad Debt The City and its officers, and employees are named as additional insureds on the General & Auto Liability;said policies shall 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. National City, City of Attn: Joe Smith 1243 National City Blvd National City, CA 91950-4301 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Meade Collinsworth/FVM ©ACORD CORPORATION 1988 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 alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT May 18, 2004 - 8 AGENDA ITEM NO. ITEM TITLE A Resolution Authorizing the Mayor to Enter into an Agreement with PBS&J to Provide Financial Services for the Collection of Delinquent Sewer Service Fees PREPARED BY EXPLANATION Joe Smith 336-4580 See attached explanation. DEPARTMENT Public Works/Engineering CEnvironmental Review Financial Statement N/A t A roved y: ' The Contract is for $47,020 and will be paid from Account 125-422 222-213.s STAFF RECOMMENDATION Adopt the resolution authorizing the Mayor to enter the agreement. BOARD / COMMISSION REf>IOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract \ 3. City Attorney's memo dated April 15, 2004 A-200 (9;99) Finance Direct Account No. Resolution No. Explanation: In June 2003, the Mayor directed staff to create a database of delinquent properties for the purpose of collecting past due Sewer Service Fees. After reviewing our options, it was decided that contracting with PBS&J would be our best choice for this project due to their familiarity with this and other related projects. PBS&J will review the Finance department's sewer billing databases and prepare a list of delinquent accounts. This list of delinquent account will be broken into two parts. The first list will consist of those sewer accounts that can be identified as property owners who received the original sewer service bill and who are still currently the owners of that property. These property owners will then be sent the first of two notifications that their delinquent payment is due and a lien will be filed with the County if not paid by July 1, 2004. If the delinquent charges and any appropriate penalties are still not paid by July 1, 2004, the total amount due to the City will be placed on the tax rolls and a lien will be placed against their property. The second part will be tenants or properties the have changed ownership. This list may not be placed on the tax rolls and will have to be dealt with by a separate collection process. PBS&J will match this information of property owner that can be liened with the current tax assessor information and determine appropriate interest and lien processing charges. PBS&J will then provide this list of delinquent accounts to the City Clerk's office to be published in the newspaper prior to any public hearing as outlined in the Health and Safety Code 5470-5474.10. PBS&J will prepare the tax rolls for acceptance by the City Council. Once approved, it will be sent to the County for processing. PBS&J will then prepare and record all "Notice of Lien" with the County. This agreement will also would include response to customer phone calls and inquiries. RESOLUTION 2004 — 84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J TO PROVIDE FINANCIAL SERVICES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES FROM PROPERTY OWNERS WHEREAS, the City desires to employ a contractor to provide financial services for the collection of delinquent sewer service charges from property owners; and WHEREAS, the City has determined that PBS&J is an engineering 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 financial services for the collection of delinquent sewer service charges from property owners. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of May, 2004. Nickynzuza, May ATTEST: Michel Dalla, r''ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 18, 2004, 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 oational City, California rk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-84 of the City of National City, California, passed and adopted by the Council of said City on May 18, 2004. City Clerk of the City of 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 June 2, 2004 Mr. Paul Cooley, Vice President PBS&J 175 Calle Magdelena Encinitas CA 92024 Dear Mr. Cooley, On May 18, 2004, Resolution No. 2004-84 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 financial services for the collection of delinquent sewer service charges from property owners. We are forwarding a certified copy of the above Resolution and a fully executed original agreement. Martha L. Alvarez, CMC Deputy City Clerk /mla Enclosure cc: PW/Eng File No. C2004-27 ?fi Re,.^VCIP(! P,r1P',r