HomeMy WebLinkAbout2005 CON PBS&J - Sewer Billing & Tax Roll AdminAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 19th day of April, 2005, 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 services for Fiscal Year 2005-2006
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
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corresponding reduction or increase in the compensation associated with said change
in services.
3. PROJECT COORDINATION AND SUPERVISION.
Roberto Saucedo 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 Public Works Director. 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.
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Revised August 2003
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.
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. Neither the
CONSULTANT nor the CONSULTANT,s employees are employee of the 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
subcontractors, as the CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONSULTANT with its sub
CONSULTANT (s) shall require the sub CONSULTANT 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
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regulations of the City of National City, whether now in force or subsequently enacted.
The CONSULTANT, and each of its sub CONSULTANTs, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
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 CONSULTANT 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,
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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
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
CONSULTANT 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 CONSULTANT 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 defend, 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
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acts which may be incurred by reason of any work to be performed by the
CONSULTANT 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.
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.
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
6 Revised August 2003
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
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 "AM") 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
CONSULTANT 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
CONSULTANT, 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.
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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
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: Reberto Saucedo
Director of Public Works/Special Projects
City of National City
2100 Hoover Avenue
National City, CA 91950-6530
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
8 Revised August 2003
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
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.
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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
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:
Nick
APPROVED AS TO FORM:
George H."Eiser, Ill
City Attorney
PBS&J, INC.
(Two signatures required for a corporation)
By:
(Name) \ •
(Title)
(Title)
10
Revised August 2003
An employee -owned company
April 4, 2005
Mr. Roberto Saucedo
Director of Public Works / Special Projects
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 FOR TAX ROLL ADMINISTRATION
FISCAL YEAR ENDING 2006 AND 2007
Dear Mr. Saucedo:
In response to your request, PBS&J is pleased to submit this proposal to the City of
National City (City) for financial services for the Tax Roll Administration for Annual
Sewer Service Charges for Fiscal Year Ending 2006 and 2007 with an option to extend
this contract for a third year (Fiscal Year 2008).
It is our understanding that the City desires continued assistance with the annual
administration of their sewer service charges billed on the property tax bills. As
part of this administration, there is ongoing customer service required for
commercial property owners who request detailed breakdowns of sewer charges as
they relate to multiple water meters that fall within their properties. The number
of calls remains steady throughout the year, which begins in September when the
property bills are first sent out by the County to the property owners, then continue
throughout the year as property owners review their charges. The City's Public
Works staff initially handles phone calls and if additional -research or explanation is
required, the calls are forwarded to our team to follow up on. Based on last year's
calls and the number of calls already received since September, we anticipate
approximately 150 phone calls, which typically require research and preparation of
a letter or fax.
The tax roll administration for each fiscal year begins in January with coordination
with Sweetwater Authority to update the annual water consumption data. In June,
current parcel information from the County and business license data and building
permits data from the City are used to update the sewer customer database. The
charges are prepared for adoption by the City Council in early August of each year
and are then placed on the tax roll. In addition to the tax roll administration,
properties, such as schools and state and federal governments that do not pay
property taxes, require a direct bill to be mailed out for the collection of sewer
charges. We prepare these letters annually.
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsj.com
Mr. Roberto Sauced()
Tax Roll Administration
April 4, 2005
Page 2 of 2
Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions
are outlined in Attachment "B."
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 or me at (760) 763-1120.
Respectfully submitted,
PBS&J
rnesto Aguilar
Associate Vice President, PBS&J
c: Sara Maples, PBS&J
Karyn Keese, PBS&J
File-
I:\admin\800000 Marketing\EN62\Proposals \Financial\182\JLM April 4 NC Tx RollAdmin.doc
An employee -owned company
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEAR ENDING 2006 AND 2007
TAX ROLL ADMINISTRATION AND
MISCELLANEOUS FINANCIAL CONSULTING SERVICES
APRIL 4, 2005
In response to your request, PBS&J is pleased to submit this proposal to you for.
financial services for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following
services:
A. Tax Roll Preparation
Based on current County Assessor's information, business license
applications and building permits, the sewer customer database will be
updated and matched with the Sweetwater Authority's water accounts
and annual usage. It should be noted that business license and building
permit data that is incomplete and do not match up with Assessor Parcel
Numbers cannot be updated. Data that cannot be matched will be
returned to the City for further research.
Using updated information, sewer charges will be calculated based on
approved sewer user rates for each fiscal year. The list of sewer charges
will be prepared for approval by the City Council and then submitted to
the County of San Diego for processing on the property tax rolls. Direct
tbills will be sent to government agencies, such as the school district, since
:they cannot be billed with the property tax bills. It is assumed that 30
(thirty) direct billing statements will be mailed.
B. Respond to Customer Inquiries
This task provides for responses to customer phone calls and inquiries
regarding the annual service charges. This proposal assumes that 150
phone calls will be received and that all of these customers will request
detailed breakdowns, in the form of written correspondence, regarding
their sewer bills and usage (because there are multiple meters on one
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsJ.com
Attachment A
Tax Roll Administration
Page 2 of 3
property). If additional calls are received, they will be addressed as
additional services.
II. ADDITIONAL SERVICES
If requested by the Client, PBS&J will provide the following Additional Services,
beyond the services included in Section I, Scope of Services:
A. Additional customer inquiries beyond those addressed in Section I.
B. Meetings and any additional project related services not specifically
included in Section I, Scope of Services.
C. Field visits or additional research of parcels that do not match up with
Sweetwater's water meter data, business licenses or building permit
information.
HI. CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Client shall provide PBS&J copies of all relevant reports, studies,
correspondence, and other relevant project information or data.
Customer water use 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 verify the accuracy or completeness of the data provided.
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. In addition, this person will
serve as the initial contact for customer inquiries regarding sewer
charges.
C. A complete written description of all pertinent project information and
issues, including all unusual or critical requirements of the Client.
�• Perform site visits to confirm water meter locations, service addresses, or
land use, as needed.
An employee -owned company
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2006 AND 2007
TAX ROLL ADMINISTRATION AND
MISCELLANEOUS FINANCIAL CONSULTING SERVICES
APRIL 4, 2005
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 $47,265 for 2006.
For fiscal year 2007 the upper limit of the fee will be adjusted by five (5)
percent to $49,595 to account for inflation. Should the City wish to
extend this contract for an additional year the estimated upper limit
would be adjusted by five (5) percent to $52,040. A breakout of these fees
by task and by year is included in the table below.
Task
FYE 2006
FYE 2007
FYE 2008
Task A — Tax Roll
Preparation$28,590
$25,930
$27,230
Task B — Customer Service
$20,670
$21,700
$22,785
Direct Expenses
$665
$665
$665
Totals
47,265
$49,595
$52,040
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 Cale Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsi.com
Anemphyee-aingdaxrpany
PBS&J CALIFORNIA ENVIRONMENTAL
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2005
ENGINEERING SERVICES
Officer $198.00
Principal Engineer DI 185.00
Principal Engineer II 175.00
Principal Engineer I 160.00
Supervising Engineer II 145.00
Supervising Engineer I 130.00
Senior Engineer III 120.00
Senior Engineer II 115.00
Senior Engineer I 105.00
Engineer III 100.00
Engineer II 95.00
Engineer I 85.00
Engineering Aide 55.00
ENVIRONMENTAL SCIENCE
Senior Scientist III $174.00
Senior Scientist II 134.00
Senior Scientist I 126.00
Scientist III 116.00
Scientist II 107.00
Scientist I 92.00
Assistant Scientist 76.00
Research Assistant 53.00
OTHER PROFESSIONAL SERVICES
Principal Professional $170.00
Supervising Professional 150.00
Senior Professional III 135.00
Senior Professional II 120.00
Senior Professional I 105.00
Professional II 90.00
Professional I 80.00
DESIGN & GRAPHIC SERVICES
Senior Designer III 120.00
Senior Designer II 115.00
Senior Designer I 105.00
Designer II 95.00
Designer I 85.00
CAD Technician III 80.00
CAD Technician II 70.00
CAD Technician I 60.00
Graphics Designer II 90.00
Graphics Designer I 80.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $129.00
Construction Manager 117.00
Senior Project Engineer (Coast.) 105.00
Senior Field Representative* 97.00
Construction Management Rep. II* 89.00
Construction Management Rep. I* 82.00
Prevailing Wage Field Rep. ** 111.00
ADMINISTRATIVE SERVICES
Senior Administrator 115.00
Senior Administrative Assistant III 85.00
Senior Administrative Assistant II 75.00
Senior Administrative Assistant I 70.00
Administrative Assistant III 60.00
Administrative Assistant U 56.00
Administrative Assistant I / Clerk 50.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable nonaelary costs that is directly attributable to the project such as reproduction costs, telephone charges, mileage, postage, etc., are
bulled at actual cost plus 15 percent to cover overhead and administration phia 8 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 fir management personnel
* Non -Prevailing Wage
- Prevailing Wage Rate - Overtime will be charged at L25 times, and Sundays and holidays, L70 times the above rates.
If applicable, a vehicle allowance of $760.00 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 far aubconsultant services provided are billed at actual met plus 16 percent to cover overhead and administration, plus 8 percent for insurance costa.
PAYMENT TERMS
A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 80 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. I:\admin\tb\ratea\env west sttd rate 1-06 electronicdac
175 Calle Magdalena •. Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsJ.com
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 19, 2005
e u)
13
AGENDA ITEM NO.
ITEM TITLE
A Resolution of the City of National City authorizing the Mayor to enter into and
agreement with PBS&J to provide on -going sewer bill/tax roll administration and financial services for
Fiscal Year 2006
PREPARED BY
Joe Smith
DEPARTMENT Public Works EXT. 4580
EXPLANATION
On June 17, 2003 City Council, by Resolution Number 2003-88, approved an agreement with PBS&J to
create a database that would be used to transfer the collection of sewer service fees to the County of
San Diego Tax Rolls. City Council approved Resolution Number 2003-159, to provide similar service for
fiscal year 2005.
This extension will provide continued assistance with annual administration of our sewer service billing.
This will include the updating of any changes that may have occurred to the customer database. These
changes will be matched with the Sweetwater Authority's water accounts and the associated charges of
these changes will be applied. PBS&J will then prepare a list of these changes for Council approval.
Once approved, a sewer billing data tape will be provided to the County Assessor's office. This extension
will also include database review, tracking reports for our records and response to customer phone calls
and inquiries.
This extension will also provide some additional services beyond those addressed in Section I, Scope of
Services, if requested by the City. These tasks may include additional customer inquiries, additional
L. research of parcels that do not match Sweetwater's meter data or National City's records as well as
requested meetings and workshops.
CEnvironmental Review
N/A
MIS Approval
Financial Statement
Approved By ,(_ e e
The Contract is for $47,265. The details of the scope of
services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B". Funds
are available in account number 125-422-222-299, Contract Services. Account No.
Finance Director
STAFF RECOMMENDATION
Adopt the Resolution authorizing the Mayor to enter into the Agreement.
/ter
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Re
solution No. ZQnS 11
1. Resolution
2. Agreement
A-200 (Rev. 7/03)
RESOLUTION NO. 2005 — 77
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 2005-2006
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 2005-2006; 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 2005-2006. Said
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 19th day of April, 2005.
ATTEST:
Mic ael Dalla, Sity 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 April 19,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Ci Clerk of the City National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-77 of the City of National City, California, passed and adopted
by the Council of said City on April 19, 2005.
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, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 3, 2005
Ernesto Aguilar
Associate Vice President
PBS&J
175 Calle Magdelena
Encinitas CA 92024
Dear Mr. Aguilar,
On April 19, 2005, Resolution No. 2005-77 was passed and adopted by the
City Council of the City of National City, authorizing the Mayor to execute
an agreement with PBS&J.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Sincerely,
Martha L Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Engineering
File No. C2005-18
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