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HomeMy WebLinkAbout2007 CON PBS&J - Sewer / Tax Roll Admin FY 2007-08AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 15th day of May, 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing / Tax Roll perporation and administration services for Fiscal Year 2007-2008 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 Attachment "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. Joe Smith 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 Attachment "A" shall not exceed the schedule given in Attachment "B" $43,915 as the Base amount without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment "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 with the City having an option to extend, for anaddition one year at the same rate of compensation stated in section 4. 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 2 Revised August 2003 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 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. 3 Revised August 2003 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, 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. 4 Revised August 2003 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 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 5 Revised August 2003 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 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. employees. H. Any aggregate insurance limits must apply solely to this Agree- ment. Insurance shall be written with only Califomia 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 6 Revised August 2003 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 attomey'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 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. 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 7 Revised August 2003 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: Joe Smith Acting Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950-6530 To the CONTRACTOR: PBS&J 9275 Sky park court suite 200 San Diego, CA 92123 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. 8 Revised August 2003 ❑ 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. Attachments and Schedules. The Attachments 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 9 Revised August 2003 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: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney PBS&J (Two signatures required for a corporation) By: By: Ai5 VP (Title) ame) 4iIsscefxt f ��� a- �ilx u tle) 10 Revised August 2003 An employee -owned company April 17, 2007 Mr. Joe H. A. Smith Acting Director of Public Works 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 2008 Dear Mr. Smith: 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 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 30 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 late July 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. Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are outlined in Attachment "BB" 9275 Sky Park Court, Suite 200 • San Diego, Califomia 92123 • Telephone: 858.874.1810 • Fax. 858.514.1001 • www.pbsj.com Mr. Joe H. A. Smith Tax Roll Administration April 17, 2007 Page 2 of 2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese at (858) 514-1008 or me at (760) 753-1120. Respectfully submitted, PBS&J Ernesto Aguilar Associate Vice President, PBS&J c: Sara Maples, PBS&J Karyn Keese, PBS&J File H.1Admin1Contrads J Proposal Letters'KR - NC Ts Roll Moan 0417 07.doc ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 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). L 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 datahass 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 bills 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 30 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 property, etc.). If additional calls are received, they will be addressed as additional services. Attachment A Tax Roll Administration Page 2 of 3 H. 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. DI. 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. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. PBSI ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 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 $43,915 for 2008. Should the City wish to enter into a multi -year contract to provide tax roll administration, each subsequent year would be adjusted by 5% to account for inflation. A breakout of these fees by task is included in the table below. Task FYE 2008 Task A — Tax Roll Preparation $30,050 Task B - Customer Service $13,200 Direct Expenses $665 Totals $43,915 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. PI34 Project Name: Tax Roll Adminstration Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: City of National City Karyn Keese Karyn Keese 621043.17 April 17, 2007 L'E3OR ES? f,4A 11 PBSI FEE SUMMARY ENGINEERING SERVICES Engineering Aide - EA Engineer I - Et Engineer II - Ell Engineer III - EIII Senior Engineer I - SEI Senior Engineer II - SEII Senior Engineer III - SEIII Supervising Engineer I - SPEI Supervising Engineer 11- SPEII Principal Engineer I - PRI Principal Engineer II - PRI! Principal Engineer IN - PRIII Principal Engineer IV - PRIV ADMINISTRATIVE SERVICES Admin Assistant I/Clerk - Al Admin Assistant II (N6) - All Admin Assistant III (N7) - AIII Sr. Admin Assistant I (N8) - SAI Sr. Admin Assistant II (N9) - SAII Sr. Admin Assistant III - SAIII Senior Administrator - SA OTHER PROFESSIONAL SERVICES Professional UGIS Analyst - P1 Professional IUGIS Analyst 11- P11 Sr. Prof. I/Sr. GIS Analyst I - SPI Sr. Prof II/Sr. GIS Analyst II - SPII Sr. Prof III/Sr. GIS Analyst III - SPIII Supervising Professional - SP Principal Professional - PP JPARBSJ PM043N1 $67 $103 $114 $118 $123 $133 $139 $155 $165 $179 $189 $209 $219 $57 $65 $70 $80 $85 $95 $120 ITEM TOTAL Labor $43,250 Outside Services $0 Direct Costs $665 TOTAL $43,916 RILLING RA. TES ENVIRONMENTAL SCIENCE Research Assistant - RA Assistant Scientist - AS Scientist I - SI Scientist II - SII Scientist III - SIII Senior Scientist I - SSI Senior Scientist 11- SSII Senior Scientist III - SSIII Senior Scientist IV - SSIV CONSTRUCTION RELATED SERVICES Contract Administrator - CA Sr. Contract Administrator - CAS Construction Mgmt Rep. I• - CM! Construction Mgmt Rep. il` - CMII Senior Field Representative - SFR Prevailing Wage Field Rep. - PWFR Resident Engineer - SPEC Construction Manager - CM Senior Construction Manager - SCM (* non -prevailing wage) DESIGN & GRAPHIC SERVICES CADD Technician I (N7) - CTI $88 CADD Technician 11(N8) - CT1I $101 CADD Technician III (N9) - CTIII $122 Graphics Designer I (N10) - GDI $135 Graphics Designer II (N11) - GDII $145 Designer I - DI $170 Designer II - DII $185 Senior Deeigner 1- SDI Senior Designer II - SDII Senior Designer III - SDIII $57 $82 $98 $115 $125 $135 $170 $179 $189 $82 $104 $84 $92 $108 $114 $129 $124 $139 $87 $80 $92 $93 $97 $97 $108 $118 $128 $133 CA Offices: Encinitas, Kearny Mesa/San Diego, Orange, Los Angeles, Pasadena. Riverside, Sacramento, Sen Francisco FILE: 2007 PBS./ fee est - westl (2).x/s PBS&J TASK DESCRIPTION LABOR CODE.STAFF HOURS Pt 01 TOTA TOTA Task Task/Sub 1000 2000 Tax roll preparation Update database Match customer accounts Calculate current sewer charges Prepare tax rolls Kickback/verification research Coordination w/City staff Navy handbill coordination QA/QC Project Management Subtotal PP kk bs 2 4 8 8 4 8 16 4 Respond to customer inquiries Phone calls/written response & handbills Billing corrections Coordination w/City staff 8 8 QNQC 8 8 Project management 8 Subtotal L-TH L-AL IS PAGE L PAGES JPA PA400-2199 sill spll al rs 16 30 10 24 40 20 16 16 8 10 16 8 L r: S U ✓I.I 44 58 44 _ 58 56 158 158 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P TOTALS HOURS 0 24 48 20 18 20 24 4 50 4 212 0 46 18 16 16 8 104 1 of 1 FEE $3,240 $6,760 $2,700 $2,500 $2,840 $3,920 $740 $6,670 $680 $30,050 $0 $4,260 $1,780 $2,840 $2,840 $1,480 $13,200 PAGE TOTALS 316 316 $43,250 $43,260 2007 PBSJ fee est - westl (2).xls - 4/17/2007 PBS] An employee -owned company May 2, 2007 Mr. Joe H. A, Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 PBS&J Company Overview PBS&J is a multi -service consulting engineering firm organized into technical divisions that integrate comprehensive environmental, civil, and transportation engineering; environmental sciences; architecture; construction management; and information technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is consistently ranked among the top ten percent of design firms in the nation. Established 45 years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design. Our Southern California staff includes more than 200 full-time employees in our San Diego, Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled in a wide range of disciplines, including specialties that include water and wastewater engineering, civil and structural engineering, transportation, planning, surveying, and financial management services for various public works projects for city, county, state, and federal agencies. At PBS&J our vision is to be recognized as the consultant of choice through sincere commitment to client service. We consistently offer services that are backed by the resources of a large national organization combined with the dedication to personal service often found from a small local firm. PBS&J 175 Cale Magdalena Encinitas CA 92024 Ph: 760.753.1120 Fax: 760.753.0730 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsj.com t4CORP, CERTIFICATE OF LIABILITY INSURANCE 04/18/i 0 ' PRODUCER (305)822-7800 FAX (305)827-0585 Collinsworth, Al ter, Fowl er, Dowling & French GroupInc.HOLDER. P. 0. Box 9315 Miami Lakes, FL 33014-9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAIC # INSURED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 INSURERA Lloyds of London A XV INSURER B INSURER C. INSURERD. INSURER L. GES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 1r TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWOOIYY) POLICY EXPIRATION DATE (YM1DO/YYl LIMITS GENERAL UABILITY COMMLRCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMISFS /Fe mnennrn) S CLAIMS MADE n OCCUR MED EXP (My one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S GENL -- - AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO S POLICY nPRO- JECT LOC AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea acdoent) S BODILY INJURY (Per person) S BODILY INJURY (Per acc)dent) S PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY. AGG S EXCESS/UMBRELLA UABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S IDEDUCTIBLE RETENTION S S S S WORKERS COMPENSATION AND LI EMPLOYERS' ABILITY ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? If yee, deevibe xider SPECIAL PROVISIONS below WC STATUS I l OTH- TORYUMITS ER E.L. EACH ACCIDENT S E.L DISEASE - EA EMPLOYEE S S E.L. DISEASE - POLICY LIMIT A Pn+ rocessional/ Pollution Liability LDUSA0600811 CLAIMS -MADE FORM 09/30/2006 09/30/2007 $1,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OP TIONS / kOCATIONS / V HI^LE 1 EXCIIUSIONS ADDED BY ENOORSMENT / SPECIAL PROVISIONS RE: Sewer Billing Tax Roll Administration Services for Fiscal Year 2007-2008 Issuing company will provide 30 days written notice of cancellation; 10 days for non-payment. CERTIFICATEHOLDER National City, City of Attn: Joe Smith 1243 National City Blvd. National City, CA 91950 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 REPRESENTATNES. AUTHORIZED REPRESENTATIVE Meade Collinsworth/FVM ACORD 25 (2001/08) ©ACORD CORPORATION 1988 R9 2.7 ' 27 1J 29 GF' M-H^_1r es M,.r„hy c?273.292' °2@1/?77 F-27 Holmes MurpOy & Associates, Inc. Office Q7ffes Fax Number Assistance 2637•S 158 Piz Ste 200, Omaha, NE 68130 402-697-7206 402-697-7850 Date: -444A 7 14ladal Number of Pages. (Including Cover): 7 To: .Ina :Smith Fax Number: 619-336-4597 Compiny/L ty: City of NW( iJM cAaJ C ` 41 From: Rachel Flatowia: Direct Phone: 402-697-4740 !Dnrect Fax: Subjerl- 00S/3{-ertificabe of Insurance Hard Copy to Follow: ❑ If there is a. protlem with this transmission, please call the assistance number above. SecA Fax Cover Sheetdoc N PLEASE BE ADVISED: Caveratie cannot be bound without first toning with a licensed staff membcfr. 04-21-' 07 :'.0: 24 FROM -Ho .r' s C72 :442924 -:.59 P002,/207 F-273 ,- •AWEIL2. CERTIFICATE OF LIABILITY INSURANCE 04/200/07 " PRO0ubCR noises larephy end Associates - dabs 2637 aeuth isBeh Plata 0ulte 2h0 Omaha, '->M< 40110 1 066 220-A 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COMMAS NO RIGHTS UPON THE CE 11P)CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ah TER THff_c_OVERAOE AFFORDED II THE POLICIES DELOW. NSURERS AFFORDING COVERAGE It. ROit. P4/0141146, Schuh 4 Oe.csisoa, Int. alb /a: MIEN.' 2001 In 107th Avenue Niaai, rL 33172-2507 I 1 r RE A ifMdCaat ZRZ'W essenre I�*Oy/t26]e7 UA6R IS *erica American Insurance Coasay11116515 JNSUAERCiuilob AwOMiQW I.MALranes.cea any / 016939 WSURtKD. INSURERE THE POLICIES OF INSURANCE USIED BELOW HAVE SEEN ISSUED TOTHP INSURED VANED ABOVE FOR THE POLICY PERIOD INDICATCD. NOTWf•-HSTANDING ANY TERM OR CONDr11ONOF ANY CONTRACT OR OTHER DOCUMENT WPM RESPECT -TO WHICH THIS CE•R1 F1CATE'MAY'SE ISSUED OR - MAY TAIN, THE INSURANCE AFFOFLDEO BY THE POLICIRS DESCRIBED HEREIN IS SUSJECT TO ALI, THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEM REDUCED AY PAID CLLAIIpMYS..7 tTE TT0CW T/M9VRmsc ROUST NUWMR t�T�y� �pI DAIEfaWDO/TY1 ��EAj tY1 LINTS I T� 0`ENEIIALLIAearly If . ZOIasenc1ALGENERAi L1Ae LIT 0c0 91391196-00 - 09/30/06 WI/ 30/0T EACHOOctRRENOE 91,000,000 __ rills DAMAOt(ArT we fee) 61,000,009 CUIMS MADE X OCCUR NXD EAP IMF 0.0110ren1 126,000 X *peon [actual Liability PERSONAL I Aov INJURY s L. 000, 900 r GENERAL ACOREOATE 2. 000, 000 •. -(r4A-�1F LINT AP�ruE3 PER rgooUC7tS.y " 40P A011 32.000,000 POLICY I X i e A FIT t.00 C A ■ X 1 X ..NpCOSAO n •UOIILELIASILITY ANY AUTO 'TpF ALL OWNED AVfO8 .. _-.. T. AOTE4 HIAe°AUTOS r AUTOS Coat 1 Liability BA' 9129457.00 9139384-00 09/30/06 09/33/06 09/30/07 09/30/07 AIMC (lEnedONj WOLELawn 62, 000, 000 B001LV INAJRY (Pr w+w) s 3 BODRYINARY —__ - (Po,tcc PROPERTY DAMAGE (We muthmO $ HUGE LIAIMUTI AUTO AUTO ONLY - EA AW6KNT t OTHER TIMN EA AU; I AUTO ONLY AGG $ A 41CIISi-LMmL77Y >* 1 .i OCCUR ❑ CLAIMS MADE veouc1'IBLe NETEMION 40 AOC SOO791101 09/30/06 OS/30/07 EACH OCCURRENCE 125,000,000 AGOREMTE 6 25. 000. 000 9 s s I u * 0OUPPREIWOKAN0 g 148e0 UAS,UTY NC 9139459-00 09/30/06 09/30/07 X 71µ 7r1RT I1 EL EACH P/X5AMT 1, 000. 000 E.L. DISEASE - EA EMPLOY . 1, 060, 000 E L DISEASE - POJCY LIMIT I $ 1,000,000 OT�IER I U T oB9CN fTIDN OPOPERA710N9/LDCATIONSNEIUCtL1 An, Caging Samar ILL1ing/TIN The C1 of t9at:ionei City, its ■N4 Au Liability OA a above Droiert. Oee 4ttA0h.O for Additional wording. t 0W3ION5 AM. my a•f00MEMENTIOPECMI Roll yrap+.satiaa and allsiniat -uUiceri, et.Oloyees, asd -veluetoara Pr1aary.ltad Non -Contributory PROVISIONS cati00 *Orgieas for Fiscal Year 2007-200S arm Additional taaureda oa the Poor.' Liability bawls with ro01»Ot to the opet9tiOn9 of the insured oa tha CERTI city 94 matioasi city Attl: tit. Jog Smith 1261 National City s1vd. National City, CA 91960 ACORD 25-8 (7/07) rflatowics 6022547 IA, CANCELLATION 0NOULO ANY OF ME ABOVE DEICROBED r011c163 ICCANVSLLIO WORE THE ENFII.ATION DAZE THEREOF. THE TI MNO INSURER WILL omit 9C DAYS WRIYTer+ ROI$V* TO TM CERTIFICATE HOLIER NAMED TO THE LEFT, AUTNORQED R1PINa19RATIVE 0 ACORD CORPORATION HMS J e4-2a-- C7 A FF M-Pc,2Tes nrphy 4 non` ff;n�� T_'+59 Dfl3/?07 F-273 IMPORTANT It the certificate ^.older is an ADDITIONAL INSURED, tre policyries) must be endorsed. A statement on this certificate coos not ;cinfer rights to the certificate hider in lieu of such endorsement(s). 11 SUBROGATION' IS VIAIVED, subject to the terms aril concdionc of the policy, certain policies fray require an endorsement. A statement on this certificate aces not confer rights to the certOxate holder in lieu of such en Iorsement(s). DISCLAIIWFifi The Certificate di Insurance on the reverse side of the; form does not constitute a centred between the issuing insure/4), authorized representative or producer, and the certificate holder, nor does it affirmatively or negative,/ amend, extend or alter the coverage afforded by the policies fisted thereon. ACORD 284 (7/97) 04-20-'07 10:25 FFOM-P 1mes r".urrhy 4 23342F_' ''-15C 72104/717 -273 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE OF INSURED: • Poet', Buckley. Bcloh i Jernipe, Inc. d/b/• PBBi7 Additional. Zneuled Oo the Gametal 1.iebf.licy 4 34i 2C/C7 Auto Liability cm s Primary • ROw-COAtrtbatery bests. including completed operatime *mere aelelred by Contract" (GL omr). General. Liabtliiy kvOreeete Hit smiler per ProleCc. elan/Get A4dttioael TBOaCed Leanor/Loge Payee on tbo Auto Liability. Waiver o1 SabtOeatian as the cameral LlabAhlby,-Mato biability, lead Workers CoMBeneetion 'Where l:aquired by Coot:ant•. libeelle follows Bona to the beditLOhal !Pewees on the Mineral Liability. SUPP (i ee 04-20-' 07 10. 25 FROM-olmPs "i rphy 49'-'7 R'JC^1 T-159 °005100'' F-273 Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form Named Insured: Post, Buckley. Schuh & Jernigan, Inc. d/b/a/ PBS&3 ZURICH Policy No. ER. Dine of?ol I Erg). DAM of Pol. Eff. Diu of End Produces Add'I. Prom t:etum Prom [GL09139458.00 09/30/00S i 09/30/07 09/3.1/06 1 S. i THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include e ; an insured any person or organizaton whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or `personal and advertis- ing injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE', LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: !. The bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal an:. advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed cperations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C'. However, regardless of the provisions of paragraphs A and Ti above:: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to he additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided co you in this policy; or b. The Limits of Insurance you are required to provide :.n the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from neg:ligeni a of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing. approving, or '.'ailing to prepare or approve maps. shop drawings, opinions. reports. surveys, field orders, change orders or drawings and specifications; end 1J•01.• 1 175-A Cur (9/03) Page I of 2 Includes copyrslhted material of Insurance Services Office. Inc. with its permission. 24-22-' 27 1.0: 25 FROM-14917,es Mir^hy 422224225 T-:59 PO06/207 F-272 ' b. Supervisory, inspectior., architectural or engineering activities. E. The additional insured must see to it that. 1. We are notified as soon as practicable sf an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has riOhtts as an insured or additional insured. F. The insurance provided by this endorsenent is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not chang.;d by the terms and conditions of this endorsement continue to apply as writ- ten. Name of Person or Organization: City of National City. its officials, employees, and volunteers 1243 National City Blvd. National City, CA 91950 RE: Ongoing Sewer Billing/Tas Roll preparation and administration services for the Fiscal Year 2007.2008 0-GL- I I )i-A CW (9/03) Page 2of2 24-2 -' Q7 0: FF^M-P' . r s M.:r^hy 7_J.59 PT37/? W .F ^3 COMMERCIAL AUTO INSURANCE CON IVIERCIAL INSURANCE. ENDORSEMENT Insurance for this coverage pan: provided by: Zurich Anerican Insurance ADDITIONAL INSUF.ED Named Insured: Post, Buckley. Schuh & Jernigan, Inc, dib/s RBS&J Policy Number: BAP 9,139457-00 Policy Eff/Exp: 9/30/08 — 9130107 Renewal of Numbe- TH]S ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING: ElUSINESS AUTO COVERAGE PART SCHEDULE NAME; City of National City, its officials, empkIyees, and volnntters 1243 National City Blvd. National City, CA 91950 RE: Ongoing viewer Sillingflax Roll preparation and administration services for the Fiscal Year 2007 - 200S WHO IS AN ENSURED (SECTION II) IS AMENDED 10 INCLUDE AS AN INSURED THE PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF: A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIG 4ATED, OR B) ACTS OR OMISSIONS OF THE ADDITIONAL INSUREI)(S) IN CONNECTION \VITHTHEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION SHOWN IN THE SCHEDULE. FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE AV AILA.BLE TO THE SCHEDULED INSURED. U-CA-388-A (07-94) RESOLUTION NO. 2007 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J IN THE AMOUNT OF $43,915 TO PROVIDE SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2007-2008 WHEREAS, the City desires to employ a contractor to provide sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2007-2008; 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 2007-2008. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2 on Morrison, ATTEST: Foe, Michael . Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on May 15, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City q rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-100 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2007. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 15,2007 AGENDA ITEM NO. 1 10 ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute an agreement with PBS&J in the amount of S43,915 to provide sewer biWtax roll administration and financial services for Fiscal Year 2007-08 (Sewer Service Fee funded). PREPARED BY Joe Smith, Acting Director DEPARTMENT Public Works (Ext. 4587) EXPLANATION See Attached. Environmental Review _L. N/A Financial Statement Approved By: CAA Finance 'Director See Attached. Account No. pl.- lkZ- 2.22 99 STAFF RECOMMENDATION Adopt the Resolution authorizing te M r to enter into the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement 3. PBS&J Company Overview Resolution No. n 0 o `` .\ 4 0 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 15th day of May, 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going Sewer Billing / Tax Roll perporation and administration services for Fiscal Year 2007-2008 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 Attachment "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. Joe Smith 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 Attachment "A" shall not exceed the schedule given in Attachment "B" $43,915 as the Base amount without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachment "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 with the City having an option to extend, for anaddition one year at the same rate of compensation stated in section 4. 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 2 Revised August 2003 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 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. 3 Revised August 2003 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 govemmental agency or involved in debarmeht, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the fumishing 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, 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. 4 Revised August 2003 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, Toss, 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 Califomia, the applicable provisions of Division 4 and 5 of the California Govemment 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 attomey'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 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 5 Revised August 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: XLI 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. 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 6 Revised August 2003 suit shall not be considered in determining the amount of the judgment or award. Attomey'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 attomey'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, Califomia, 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, Califomia, 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. 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 7 Revised August 2003 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 ovemight 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 Califomia) 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: Joe Smith Acting Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950-6530 To the CONTRACTOR: PBS&J 9275 Sky park court suite 200 San Diego, CA 92123 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. 8 Revised August 2003 ❑ 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. Attachments and Schedules. The Attachments 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 govemed by and construed in accordance with the laws of the State of Califomia. 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 9 Revised August 2003 drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, indel5endent 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 PBS&J (Two signatures required for a corporation) By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Na'me) duc-e ider (Title) fit sioen-T 10 Revised August 2003 PRSI An employee -owned company April 17, 2007 Mr. Joe H. A. Smith Acting Director of Public Works 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 2008 Dear Mr. Smith: 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 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 30 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 late July 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. Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are outlined in Attachment "B." 9275 Sky Park Court, Suite 200 • San Diego, Califomia 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com Mr. Joe H. A. Smith Tax Roll Administration April 17, 2007 Page 2 of 2 We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese at (858) 514-1008 or me at (760) 753-1120. Respectfully submitted, PBS&J Ernesto Aguilar Associate Vice President, PBS&J c: Sara Maples, PBS&J Karyn Keese, PBS&J File HMdmin\Contracts\All Proposal Letters kICK - NC Tx Roll Admin 04 17 07.doc ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 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 Prcparation 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 bills 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 30 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 property, etc.). If additional calls are received, they will be addressed as additional services. Attachment A Tax Roll Administration Page 2 of 3 II. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section 1, 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. III. 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. D. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2008 TAX ROLL ADMINISTRATION April 17, 2007 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 $43,915 for 2008. Should the City wish to enter into a multi -year contract to provide tax roll administration, each subsequent year would be adjusted by 5% to account for inflation. A breakout of these fees by task is included in the table below. Task FYE 2008 Task A - Tax Roll Preparation $30,050 Task B - Customer Service $13,200 Direct Expenses $665 Totals $43,915 B. The fees for the Services described in Section I1, 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. Project Name: Tax Roll Adminstration Client/Owner: Project Manager: Prepared By: Proj/Prop No.: Date: City of National City Karyn Keese Karyn Keese 621943.17 April 17, 2007 ENGINEERING SERVICES Engineering Aide - EA Engineer I - El Engineer II - Ell Engineer III - EIII Senior Engineer I - SEI Senior Engineer II - SE!' Senior Engineer III - SEIII Supervising Engineer I - SPEI Supervising Engineer II - SPEI1 Principal Engineer I - PRI Principal Engineer II - PRII Principal Engineer III - PRIII Principal Engineer IV - PRIV ADMINISTRATIVE SERVICES Admin Assistant I/Clerk - Al Admin Assistant II (N6) - All Admin Assistant III (N7) - AIII Sr. Admin Assistant I (N8) - SAI Sr. Admin Assistant II (N9) - SAII Sr. Admin Assistant III - SAIII Senior Administrator - SA OTHER PROFESSIONAL SERVICES Professional I/GIS Analyst - PI Professional II/GIS Analyst II - PII Sr. Prof. I/Sr. GIS Analyst I - SPI Sr. Prof II/Sr. GIS Analyst II - SPII Sr. Prof III/Sr. GIS Analyst III - SPIII Supervising Professional - SP Principal Professional - PP JPNPBSJ PA400-3/01 $67 $103 $114 $118 $123 $133 $139 $155 $165 $179 $189 $209 $219 $57 $65 $70 $80 $85 $95 $120 LABOR ESTIMATE PBS] FEE SUMMARY ITEM TOTAL Labor $43,250 Outside Services $0 Direct Costs $665 TOTAL $43,915 Bit LING RATES ENVIRONMENTAL SCIENCE Research Assistant - RA Assistant Scientist - AS Scientist I - SI Scientist II - SII Scientist III - SIII Senior Scientist I - SSI Senior Scientist II - SSII Senior Scientist III - SSIII Senior Scientist IV - SSIV CONSTRUCTION RELATED SERVICES Contract Administrator - CA Sr. Contract Administrator - CAS Construction Mgmt Rep. I* - CMI Construction Mgmt Rep. II* - CMII Senior Field Representative* - SFR Prevailing Wage Field Rep. - PWFR Resident Engineer - SPEC Construction Manager - CM Senior Construction Manager - SCM (* non -prevailing wage) DESIGN & GRAPHIC SERVICES CADD Technician I (N7) - CTI $88 CADD Technician II (N8) - CTII $101 CADD Technician III (N9) - CTIII $122 Graphics Designer I (N10) - GDI $135 Graphics Designer II (N11) - GDII $145 Designer I - DI $170 Designer II - DII $185 Senior Designer I - SDI Senior Designer II - SDII Senior Designer III - SDIII $57 $82 $98 $115 $125 $135 $170 $179 $189 $82 $104 $84 $92 $108 $114 $129 $124 $139 $67 $80 $92 $93 $97 $97 $108 $118 $128 $133 CA Offices: Encinitas, Keamy Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco FILE: 2007 PBSJ fee est - west1 (2).xls PBS&J TASK DESCRIPTION LABOR CODE/STAFF HOU S TOTALS Pt Task Task/Sub 01 TOTA TOTA 1000 2000 L-TH L-AL Tax roll preparation Update database Match customer accounts Calculate current sewer charges Prepare tax rolls Kickback/verification research Coordination w/City staff Navy handbill coordination QA/QC Project Management Subtotal PP kk 8 4 8 Respond to customer inquiries Phone calls/written response & handbills Billing corrections Coordination w/City staff 8 QA/QC 8 Project management 8 Subtotal IS PAGE L PAGES sp bs 8 2 4 8 16 4 8 8 alit al 16 30 10 spll rs 24 40 20 16 16 8 10 16 8 pp sp aiii spii 44 44 58 56 158 0 0 0 0 0 0 0 58 56 158 0 0 0 0 0 0 0 0 Page 1 of 1 HOURS FEE 0 24 48 20 18 20 24 4 50 4 212 0 46 18 16 16 8 104 $0 $3,240 $6,760 $2,700 $2,500 $2,840 S3,920 $740 $6,670 $680 $30,050 SO $4,260 $1,780 S2,840 $2,840 $1,480 $13,200 PAGE TOTALS 316 316 $43,250 $43,250 JPA PA400-2/99 2007 PBSJ fee est - westl (2).xls - 4/17/2007 An employee -owned company May 2, 2007 Mr. Joe H. A, Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 PBS&J Company Overview PBS&J is a multiservice consulting engineering firm organized into technical divisions that integrate comprehensive environmental, civil, and transportation engineering; environmental sciences; architecture; construction management; and information technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is consistently ranked among the top ten percent of design firms in the nation. Established 45 years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design. Our Southern California staff includes more than 200 full-time employees in our San Diego, Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled in a wide range of disciplines, including specialties that include water and wastewater engineering, civil and structural engineering, transportation, planning, surveying, and financial management services for various public works projects for city, county, state, and federal agencies. At PBS&J our vision is to be recognized as the consultant of choice through sincere commitment to client service. We consistently offer services that are backed by the resources of a large national organization combined with the dedication to personal service often found from a small local firm. PBS&J 175 Calle Magdalena Encinitas CA 92024 Ph: 760.753.1120 Fax: 760.753.0730 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsj.com May 15, 2006 Item Title A Resolution of the City Of National City authorizing the Mayor to enter into an agreement with PBS&J to provide Sewer Bill/Tax Roll Administration and financial services for Fiscal year 2007-2008. (Sewer service fee funded). Explanation On June 17, 2003 the City Council, by resolution number 2003-88 approved an agreement with PBS&J to create a database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. On March 21, 2006 City Council by Resolution Number 2006-49 extended said agreement providing the same service for Fiscal year 2006-2007. This resolution and agreement will provide similar services for Fiscal year 2007-2008. The cost to provide these services shall not exceed the contract amount, of $43,915 without prior written approval from the City. This agreement 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 as well as the County Assessor's information and the associated charges from these changes will be applied. PBS&J will then prepare a List of these changes for Council approval subsequent to a public hearing. Once approved, a sewer billing data tape will be provided to the County Assessor's office. This agreement will also include database review, tracking reports and other services required to match Sweetwater Authority's meter data, County Assessor information and/or National City's records throughout FY 2007-08. Financial Statement The Contract is for $43,915 for Sewer Tax Roll Administration. The details of the scope of services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B". Sufficient funds to cover this fee are available in the Wastewater Division's sewer service fee fund, account number 125-422-222-299 Staff recommendation Adopt the resolution authorizing the Mayor to enter into the agreement. RESOLUTION NO. 2007 — 100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J IN THE AMOUNT OF $43,915 TO PROVIDE SEWER BILLING/TAX ADMINISTRATION AND ANY "AS NEEDED" FINANCIAL SERVICES FOR SEWER RATE ANALYSIS FOR FISCAL YEAR 2007-2008 WHEREAS, the City desires to employ a contractor to provide sewer billing/tax administration and any "as needed" financial services for sewer rate analysis for Fiscal Year 2007-2008; 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 2007-2008. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 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 22, 2007 Mr. Ernesto Aguilar Associate Vice President PBS&J 9275 Sky Park Court, Suite 200 San Diego, CA 92123 Dear Mr. Aguilar, On May 15, 2007, Resolution No. 2007-100 was passed and adopted by the City Council of National City, authorizing execution of an agreement with PBS&J. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, F o v, Michael R. Dalla, CMC City Clerk Enclosure cc: Public Works Department ® Recycled Paper