HomeMy WebLinkAboutFin Special District Assessment Consulting 2018AGREEMENT FOR PROFESSIONAL SERVICES
FOR SPECIAL DISTRICT ASSESSMENT MANAGEMENT
This Agreement is made and entered into this JL day of A~'(\ \ ,2018, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), ana HdL Coren & Cone, a
Corporation authorized to do business in California (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has responsibility for administration and maintenance of the
Paramedic Service Special Tax assessment associated with City Ordinance 1336 of 1979 imposing a
special tax to fund city-wide Paramedic Service Program; and
WHEREAS, the CITY desires to administer and maintain special district parcel tax
assessments in accordance with best practices and using the most accurate data; and
WHEREAS, the CITY seeks to reduce Finance Department staff hours required for the
administration and maintenance of the aforementioned special district parcel tax assessment, in
order to allow affected staff to focus on other Department priorities; 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:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Finance Manager, Nadine Hade, is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects ofthe progress and execution ofthis Agreement.
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. AssociatelProgrammer 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.
o IGINA
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall provide services as follows:
A. CONTRACTOR shall establish and maintain an assessment database of all secured
parcels in each assessment area for the Paramedic Service Special Tax, including the
City of San Rafael (Fund 109113), County Service Area 13 (Fund 109111), County
Service Area 19 (Fund 109112), Marinwood Community Services District (Fund
109110). Database shall contain all parcel characteristics having an effect on
Paramedic Service Special Tax calculations as well as site and mailing address
information. Database shall incorporate data files received from the Marin County
Assessor, the Marin County Department of Finance Tax Division, the CITY (e.g.
finalized permits), and any other sources of such data that are made available.
B. CONTRACTOR shall submit the Marin County Department of Finance Tax
Division's Transmittal One (Tl) for each assessment area, updating the County's
contact information for each assessment, prior to the date indicated in the Marin
County Finance Department's Annual Special Assessment Letter (announcing
Transmittal Dates) for the County's mailing of preliminary reports.
C. Upon receipt from CITY of list of updated Paramedic Service Special Tax parcel
tax rates, CONTRACTOR shall submit rates for each assessment area to the Marin
County Department of Finance Tax Division via their Transmittal Three (T3) prior
to the deadline specified in the Marin County Finance Department's Annual Special
Assessment Letter.
D. By comparing preliminary data obtained from the Marin County Department of
Finance Tax Division to the other data sources in the database, CONTRACTOR
shall identify and document proposed corrections to assessment-related property
characteristics in each assessment area.
E. At least eleven business days prior to the deadline specified in the Marin County
Finance Department's Annual Special Assessment Letter for submittal of
Transmittal Two, CONTRACTOR shall supply to CITY-designated personnel a
list of proposed corrections to Marin County Department of Finance Tax Division-
maintained property characteristics for each assessment area. Proposed corrections
will include information on the source of the corrected data and the potential impact
to assessment revenue receivable.
F. Upon timely return of list of proposed corrections, CONTRACTOR shall submit
approved corrections using the Marin County Department of Finance Tax Division's
Transmittal Two (T2) prior to the deadline specified in the Marin County Finance
Department's Annual Special Assessment Letter.
G. CONTRACTOR shall submit a request for full report using the Marin County
Department of Finance Tax Division's Transmittal Four (T4) prior to the deadline
specified in the Marin County Finance Department's Annual Special Assessment
Letter. CONTRACTOR shall provide summary of full report for each assessment
area to CITY, and will supply supporting detail information upon request.
H. CONTRACTOR shall compare the full report received from the Marin County
Department of Finance Tax Division with the information previously submitted to
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the CITY and County and if any discrepancies are present, shall research the reasons
for the discrepancy and contact CITY -designated personnel for guidance on whether
to accept the County change or submit further (T2) corrections.
I. Upon CITY approval, and no later than one business day prior to the deadline for
submittal of the Transmittal Five (T5) specified in their Annual Special Assessment
Letter, CONTRACTOR shall forward the partially completed Transmittal Five
(T5) to the CITY -designated contact for signature and submittal of the form to the
Marin County Department of Finance.
1. CONTRACTOR shall provide CITY with a summary of finalized assessment and
an archive of all data associated with each assessment area-including a copy of the
updated assessment database, and related County correspondence and files, upon
confirmation of assessment finalization.
K. CONTRACTOR shall, upon CITY request, create and provide form letters for
taxpayers having large assessment amount increases from prior year.
L. CONTRACTOR shall acquire and maintain a toll-free phone number to be
published on the tax bills generated by the Marin County Tax Collector that include
the Paramedic Service Special Tax. CONTRACTOR shall continue to maintain the
toll-free phone number for taxpayer questions at least ten months from the most
recent assessment finalization (T5) submitted by CONTRACTOR, regardless of
the status of this contract.
M. CONTRACTOR shall communicate with taxpayers who call the toll-free phone
number in a timely fashion, and make every reasonable effort to answer questions
the taxpayer may have about the Paramedic Service Special Tax on their tax bill.
Taxpayer questions that cannot be answered by the CONTRACTOR will be
referred to CITY-designated personnel in a timely fashion. Where taxpayer presents
information that would require a correction of the assessment, CONTRACTOR
shall contact CITY -designated personnel for guidance on whether to accept the
change and submit further (T2) corrections.
N. With CITY approval, CONTRACTOR shall submit any additional corrections
using the Marin County Department of Finance Tax Division's Transmittal Two
(T2).
O. CONTRACTOR shall, through its HdLCC Property Tax Web Application, make
available to the CITY, listings of parcels for all areas to be assessed for Paramedic
Service Special Tax.
P . CONTRACTOR shall, upon CITY request, attend CITY meetings related to
Paramedic Service Special Tax assessment, either by video-conference, or in person.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows:
A. Identification of changes to building area and living unit counts being of critical
importance to the accuracy of the Paramedic Service Special Tax assessments, the
CITY shall, no later than March 15 th , provide to CONTRACTOR a listing of
building permits-related data as specified below.
• Listing shall include information for permits having an issue or finalization date
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between November 1 st of two years prior to the current calendar year through to
the most recent data available.
• Listing shall include information for any permit that could alter the building
square footage or unit count of the associated parcel (as indicated by the
Assessor's parcel number associated with the permit). This would include
permits indicating new building construction or building demolition, as well as
permits indicating additions or changes in use.
• The listing shall include the following fields:
o Assessor's parcel number
o Site address
o Permit type
o Permit sub-type
o Permit status
o Date of issuance
o Date of fmalization
o Date of expiration
o Building count (as of finalization for any record where building count has
changed)
o Building square footage (as of finalization for any record where building
square footage has changed)
o Living unit count (as of finalization for any record where living unit count
has changed)
o Permit description
o Permit notes
• The CITY shall provide the CONTRACTOR with an updated listing between
the dates ofJuly 10th and July 20th , which will reflect any changes to previously
provided data and include any additional finalized permits.
B. CITY shall provide to CONTRACTOR, the ability (via valid login credentials) to
log in to MarinMap service with access level equivalent to CITY staff
C. CITY shall provide to CONTRACTOR, an extract of data from the CITY GIS
system reflecting the data as of June 30th .
• The listing shall include th~ following fields:
o Assessor's parcel number
o Site address
o Tax Rate Area
o Jurisdiction
o Acres
o Use Code
o Construction Year
o Effective Year
o Emolled Acres
o Gross Land Square Feet
o Total Building Living Area
o Improved Value
o Living Unit
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D. At least one week prior to deadline specified by Marin County Finance
Department's Annual Special Assessment Letter for submittal of Transmittal Three,
CITY shall provide to CONTRACTOR a list of updated Paramedic Service
Special Tax parcel tax rates, along with a copy of City ordinances/resolutions
authorizing placement ofthe charges.
E. Within ten business days of receipt by CITY -designated personnel of a list of
proposed corrections from CONTRACTOR, CITY shall review each item and
accept or reject the proposed correction.
F. Upon receipt from the CONTRACTOR of the partially completed Transmittal Five
(T5), the CITY shall provide the necessary signature(s) and submit the form to the
Marin County Department of Finance, prior to the deadline specified in their Annual
Special Assessment Letter.
G. CITY shall provide to CONTRACTOR sample text for letters to taxpayers having
large assessment amount increases from prior year, in the event that CITY requests
preparation of such letters.
H. CITY shall provide final approval or disapproval on any possible corrections that
may arise from conversations with taxpayers who call the toll-free number
maintained by the CONTRACTOR, which are then referred to CITY -designated
personnel.
4. COMPENSATION.
For the performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR, a fixed fee of $11,700, plus $100 per hour for documented time over and above
the first 10 hours spent answering taxpayer questions regarding Paramedic Service Special Tax
assessments, plus any travel expenses associated with CITY requests for CONTRACTOR staff to
attend CITY meetings in-person.
Additional services related to the Paramedic Service Special Tax assessments, and mutually
agreed upon by the CITY and CONTRACTOR, but not listed in the Duties of Contractor section
shall be billed at the following hourly rates:
costs.
Partner
Principal
Associate
Programmer
Senior Analyst
Analyst
Administrative
$225 per hour
$195 per hour
$150 per hour
$150 per hour
$100 per hour
$ 65 per hour
$ 45 per hour
In addition, expenses for services (e.g. travel) shall be billed at 1.15 times actual incurred
The total amount invoiced during the term of this Agreement shall not exceed $15,000.
Payment will be made upon receipt by PROJECT MANAGER of invoice submitted in the
December following the most recent assessment fmalization (T5) submitted by the
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CONTRACTOR.
5. TERM OF AGREEMENT.
Unless earlier tenninated in accordance with Section 6 of this Agreement, this Agreement
shall become effective on the date first set forth above, and shall continue in full force and effect
until the earlier of (1) June 15, 2019, or (2) when total services and expenses incurred under the
contract reach $15,000.
6. TERMINATION.
A. Discretionary. Either party may tenninate this Agreement without cause upon
forty-five (45) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may tenninate this Agreement for cause upon fifteen (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 tennination, 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 tennination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other. The CITY will receive a final invoice for the portion of the work completed through
the notice oftennination.
D. Toll-free Phone Number for Taxpayer Questions. If tennination occurs prior to
initial generation of Marin County property tax bills showing the toll-free phone number provided
by the CONTRACTOR, the CITY shall provide an alternative phone number to the Marin County
Department of Finance Tax Division prior to initial generation of the Marin County property tax
bills. If tennination occurs subsequent to initial generation of Marin County property tax bills
showing the toll-free phone number provided by the CONTRACTOR, or if the CITY fails to
provide an alternative phone number to the Marin County Department of Finance Tax Division
prior to the initial generation of their property tax bills, then no later than 10 days from receipt of
notice of tennination, CITY shall provide a phone number to the CONTRACTOR, to which will
be forwarded all calls made to the toll-free phone number shown on the Marin County property tax
bills for as long as the toll-free phone number is maintained, which shall be no less than ten months
from the most recent assessment fmalization (T5) submitted by CONTRACTOR.
CONTRACTOR shall respond in a timely fashion to any technical issues with forwarding of
phone calls made to the toll-free phone number that are brought to its attention by the CITY, but
will accept no liability for the effects of calls not forwarded due to technical issues.
CONTRACTOR shall, upon request, provide the CITY with a listing of calls made to the toll-free
phone number.
E. Return of Documents. Upon tennination, 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 perfonnance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after tennination.
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7. OWNERSHIP OF DOCUMENTS.
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.
8. 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. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR'S worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
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) per occurrence.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
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requirements:
1. 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 any 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. By execution of this Agreement, CONTRACTOR hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against
CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
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 provide 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
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
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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
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 policy 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 s 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.
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. In
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no event shall the cost to defend charged to the design professional exceed the design
professional's proportionate percentage of fault.
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 harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, filles 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 owed 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:
TO CITY's Project Manager:
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Nadine Hade, Finance Department
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Joel Hennann
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 tenns 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 tenns 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 tenns and conditions of this Agreement, and the
tenns and conditions of the attached exhibits or the documents expressly incorporated by reference,
the tenns 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 taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any tenn, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
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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 I 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 CONTRACTOR
Title: Vice President
ATTEST:
LINDSAY LARA, City Clerk
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APPROVED AS TO FORM:
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To: Jim Schutz, City Manager
Cc: Cristine Alilovich, Assistant City Manager
Chris Gray, Fire Chief
Paul Jensen, Director of Community Development
From: Mark Moses, Finance Director ~
Nadine Hade, Finance ~
Date: April 16, 2018
Subject: Paramedic Tax Implementation Support I HdL Contract
As you know, in August 2015 we uncovered discrepancies in the records that drive the
paramedic tax billings via the County tax rolls. The discrepancies primarily concerned
missing building square footage information and were of sufficient magnitude that they
resulted in an audit comment from Maze for FY14-15. As of the end of FY15-16, we were
able to demonstrate to Maze that we had successfully cleaned up the current records, and
we subsequently demonstrated that we have implemented a reliable procedure to ensure
accuracy on a go-forward basis.
Finance has collaborated with the Community Development Department (COD), to develop
Building Permit and Specific Data Tracking procedures that captures and documents key
property characteristics (i.e. square footage, living units) into the Trak-IT -CRW system to
satisfy the data needs of the Annual Paramedic Tax Assessment. An integral part of the
ongoing procedures is the maintenance of a database that HdL created during the clean up
period.
Last year, we considered both in-house and outsourced solutions for the maintenance of an
assessment database and preparation of the required transmittals to the County for
FY17/18. We concluded that the HdL solution provided the most economically reliable way
of ensuring accurate Paramedic Tax billings through the property tax rolls.
The FY17/18 tax assessment process was very successful, and I am recommending a new
contract for the FY18/19 assessment year. While I am confident that it would serve the City
well to engage HdL for multiple years for this service, I am holding off on that
recommendation pending a more complete review the administration of all of the City's tax
assessment districts (i.e., Library, Stormwater, Inspection Fees, etc.) and the ongoing
resources that the City intends to maintain to support this activity.
HdL has quoted a flat fee of $11,700 to provide the service for FY18-19. This cost includes
up to 10 hours of answering taxpayer questions regarding the Paramedic Service Special
Tax assessments. Additional services are available at hourly rates ranging from $45 -
$225/hour, depending upon the level of the Contractor's employee assigned .
During FY17/18, we operated under an NTE of $20,000, and expended $11 ,500 . For
FY17/18, we are recommending an NTE of $15,000.
Attachments:
Routing slip and contract
CITY OF SAN RAFAEL I 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 I CITYOFSANRAFAEL.ORG
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Finance/Community Development
Project Manager: Nadine Hade
Extension: x3062
Contractor Name: HdL Coren & Cone
Contractor's Contact: Joel Hermann
Contact's Email: jhermann@hdlccpropertytax.com
o FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Finance Department a. Email PINS Introductory Notice to Contractor
Mark Moses
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City. Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA> $20,000; or Purchase> $35,000; or
Public Works Contract> $125,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
8 City Manager / Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
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3/21/2017
3/21/2018
3/21/2018
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