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Fin Special District Assessment Consulting 2015AGREEMENT FOR PROFESSIONAL SERVICES FOR SPECIAL DISTRICT ASSESSMENT CONSULTING This Agreement is made and entered into this3l11wr day of 4ecet aeoe , 20151, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and HdL Coren & Cone, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has responsibility for administration and maintenance of special district parcel tax assessments such as those associated with City Ordinance 1680 — Regulatory Fee for Clean Storm Water Activities and City Ordinance 1336 imposing a special tax to fiuld city-wide Paramedic Service Program; and WHEREAS, the CITY has conducted an initial review of the aforementioned special district parcel tax assessments and discovered that there were over 450 individual commercial and industrial parcels that had not been charged in previous years, whose correction in the current year's assessments resulted in significant tai: revenue; and WHEREAS, the CITY desires to assess the impact and feasibility of implementing corrections to prior year assessments based on the aforementioned discovery and additional improvements to the accuracy of the data on which the amount of individual assessments is based: and WHEREAS, the CITY desires to administer and maintain special district parcel tax assessments in accordance with best practices: and WHEREAS, the CONTRACTOR is an expert in the administration and maintenance of special district parcel tax assessments, possessing the programs, equipment, data, and personnel required to deliver the services referenced herein: AGREEMENT NOW, THEREFORE. the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Finance Director, Mark Moses. is hereby designated the PROJECT MANAGER for the CITY. and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 0 5W t_7 B, CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Associatet'Programmer Joel Hermann is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. DUTIES OF CONTRACTOR. 2.1 BASE SERVICES. CONTRACTOR shall provide services as follows: • Meet with stakeholders to identify, prioritize, and codify special district goals. • Assist CITY in identifying and implementing efficiencies in the CITY's maintenance and administration of the assessments. Particular emphasis will be paid to coordination between CITY departments in identifying changes to parcel characteristics affecting assessments. • Develop detailed implementation plan document for focusing CITY staff on accomplishing special district goals. • Train CITY staff having a role in the implementation plan on how to effectively fulfill their roles. • Create a database for storing and comparing assessment related data. • Import into database information replicating 2015 County Department of Finance special district assessment rolls. Ownership information for each parcel as of its lien date will also be included in this database. • Compare the County Department of Finance information to the entire County Assessor roll data, checking to ensure that all assessable parcels are included in the assessments. • Import into database CITY -verified assessment data for all assessable parcels within the special districts for 2015. • Import into database information representing all ownership changes for all assessable parcels within the special districts for 2015. • Provide industry -standard documentation of all processes used for assembling the database. so that the assembly process can be easily learned and replicated. • Compare County Department of Finance tax roll and CITY -verified assessment data for 2015, identifying discrepancies in parcel characteristics and providing a report with all discrepancies between calculated assessment amount and the levied amount greater than $1.00. • Work with CITY staff to review discrepancies to ensure accuracy of CITY -verified assessment data. • Upon request. supply CITY with copy of entire database. 2.2 OPTIONAL. SERVICES. The following services are available from the CONTRACTOR on a time and materials basis: 9 Attend and participate in meetings with the County Department of Finance and/or County Assessor, supporting the CITY's efforts to have the County retain parcel characteristics (e.gl building area) previously submitted as corrections. The time for this service would be billed at either the Partner or Principal rates specified in the Optional Services Fee section below. • Develop additional datasets and reports for analysis and comparison of prior years' assessments, and optionally submit the information for those assessments to the County Department of Finance for billing. Time for this service would be billed at either the Programmer or Senior Analyst rates specified in the Optional Services Fee section below. • Provide CITY with intranet -accessible web portal for management of assessment parcel characteristics database by multiple departments. The time for this service would be billed at the Programmer rate specified in the Optional Services Fee section below. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as fol lows: • Conference with CONTRACTOR and other stakeholders to identify, prioritize, and codify City special district goals. • Review, comment and/or revise, and approve a detailed implementation plan developed by CONTRACTOR for accomplishing City special district goals. • Provide clear guidance on policy issues, including but not limited to parcels to be specifically exempted, Paramedic assessment of storage areas and mixed-use properties and run-off assessment of golf courses or water reclamation facilities. • Provide suitable source materials allowing CONTRACTOR to develop a database replicating 2015 County Department of Finance special district assessment rolls. These materials may include the following assessment reports and files: Preliminary Reports, Dead Parcel Lists, Foreign Parcel Lists, Formula Reports, TRA Lists, Copies of Transmittal Two (T2) submittals, Full/Final Reports, Senior Exemption Reports. Jurisdictional Change Reports, and Detail Report for Parcels Not Charged • Provide suitable source materials to supplement the data possessed by the CONTRACTOR to develop a database of CITY -verified assessment data for all assessable parcels within the special districts for 2015. These materials may include datasets from several CITY departments (Building, Planning, etc.). • Assist CONTRACTOR in documenting acquisition process for each CITY -supplied data set. • Review CONTRACTOR -generated list of assessment amount discrepancies (to whatever dollar amount the CITY considers a significant change to assessments) and provide confirmation of; or corrections to, data. • Review summaries and/or detail listings of proposed assessment changes in prior years to assess desirability of levying retroactive assessment changes. • Determine policies for retroactive levy in conference with County Department of Finance. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 4.1 BASE SERVICES FEE. CONTRACTOR shall provide the Base Services listed in Paragraph 2.1 above for a fixed fee of $1,200.00 per special district, plus $0.30 per special district parcel, plus any travel expenses directly associated with the providing of the listed Base Services (invoiced upon completion of the services). Travel expenses for Base Services shall be billed at 1. 15 times actual incurred costs. 4.2 OPTIONAL SERVICES FEE. CONTRACTOR shall provide the Optional Services listed in Paragraph 2.3 above on a time and materials basis (invoiced upon completion of the seryices). Fees for Services shall be billed at the following hourly rates Partner $225 per hour Principal $195 per hour Associate $150 per hour Programmer $150 per hour Senior Analyst $100 per hour Analyst $ 65 per hour Administrative $ 45 per hour In addition, expenses for Optional Services (e.g. travel) shall be billed at 1.15 times actual incurred costs. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. TERM OF AGREEMENT. Unless earlier terminated in accordance with Section 6 of this Agreement, this Agreement shall continue in full force and effect until the earlier of (1) June 30, 2016, or (2) when total services and expenses incurred under the contract reach $20,000. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon forty-five (45) days "mitten notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fi fteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen ( 15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOC1..MENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property- for any purpose, including projects not contemplated by this Agreement. INSPECTION AND AUDIT. Upon reasonable notice. CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. Comorehensive General LiabilitN, Insurance. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1.000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500.000 per person. $1.000.000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500.000 per occurrence and $500.000 in the aggregate. 2. Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemniAr, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss. claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the CONTRACTOR in the course of carrying out the work or services contemplated in this Agreement. I. Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $500,000 per person and $1,000,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250.000 in the aggregate or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned, leased and hired cars. 4. Errors and Omissions (Professional Liability). A policy of professional liability issuance written on a claims made basis in an amount not less than One Million Dollars ($1,000,000). B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: I. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents. employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for anv contribution. The '`primary and noncontributory' coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carver shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. if the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall pro% ide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the M requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance ED evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policv language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify. release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand. suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS''), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. W B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harrnless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right oNNed by one party. under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: P, TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Mark Moses, Finance Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael. CA 94915-1560 Joel Hermann HdL Coren & Cone 1340 Valley Vista Dr. Ste 200 Diamond Bar, CA 91765 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written. regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid takes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Ji"IUTZ-, er CONTRACTOR w,.l1�c(�L Name: NICHOLE CONE Title: Vice President ATTEST: s&.x e' -gp, -, ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Cit Attorn PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aereemen ts/con tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on graft 1214 / /,— agreement. J&, 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed 11j 11 originals from contractor. 4 City Attorney Dr eek Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original b. I agreement and forwards copies to the 11 contracting department. To be completed by Contracting Department: Project Manager: Mark Moses Project Name: Tax Assessment Consultation Agendized for City Council Meeting of (if necessary): FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM SCHUTZ, City Manager 10 By: /�G✓ Name: NICHOLE CONE Title: Vice President 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM SCHUTZ, City Manager CONTRACTOR By: Name: NICHOLE CONE Title: Vice President