HomeMy WebLinkAboutFin Special District Assessment Consulting 2019AGREEMENT FOR PROFESSIONAL SERVICES
FOR SPECIAL DISTRICT ASSESSMENT MANAGEMENT
This Agreement is made and entered into this Z day of MGI, , 2019, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and 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:
PROJECT COORDINATION.
A. CITY'S Project Manager. The Finance Director, Nadine Hade, 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.
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. Associate/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.
L� - 3 - X31
ORIGHWAL
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 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.
J. 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.
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 15th, 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
between November 151 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 finalization
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 of July 10`" and July 20'h, 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 30''.
• The listing shall include the 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 Enrolled Acres
o Gross Land Square Feet
o Total Building Living Area
o Improved Value
o Living Unit
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
4
tax rates, along with a copy of City ordinances/resolutions authorizing placement of
the 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 $12,000.00, 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:
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 services (e.g. travel) shall be billed at 1.15 times actual incurred
costs.
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 finalization (T5) submitted by the CONTRACTOR.
TERM OF AGREEMENT.
Unless earlier terminated 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, 2020, or (2) when total services and expenses incurred under the contract
reach $15,000.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon forty-
five (45) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate 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 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. The CITY will receive a final invoice for the portion of the work completed through the
notice of termination.
D. Toll-free Phone Number for Taxpayer Questions. If termination 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 termination 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 termination,
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 finalization (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 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 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 (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 requirements:
1. Except for professional liability insurance or worker's compensation insurance, the
insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees,
and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and noncontributory" 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 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
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
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
8
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, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
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.
9
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, 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 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:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Nadine Hade, Finance Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Joel Hermann
HdL Coren & Cone
120 S State College Blvd, Ste 200
Brea, CA 92821
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
ff
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 taxes, 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. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
JI SC TZ, City er
ATTEST:
LINDSAY LARA, City Clerk
12
CONTRACTOR
By:
Name: DAVID SCHEY
Title: Vice President
By:
Name: NICI IOLE CONE
Title: Vice President
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, CifV A Co ey
13
P� RAF,q�
iRIPz
iTJ, WITH I`
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
Project Manager: Nadine Hade Extension: 3062
Contractor Name: HdL Coren & Cone
Contractor's Contact: Joel Hermann Contact's Email: 714-879-5000 ext 343
❑ FPPC: Check if Contractor/Consultant must file Form 700
StepRESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
Click here to
❑
este, late.
b. Email contract (in Word) and attachments to City
3/20/2019
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
3/27/2019
® LG
and return to Project Manager
3/27/2019
® LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
Click or tap
❑
contractor
to enter a
Forward three (3) originals of final agreement to
date.
4
Project Manager
Click here to
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
® N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
4/24/19
Attorney with printed copy of this routing form
Review and approve hard copy of signed
7
City Attorney
.5)1
City Attorney
agreement
Review and approve insurance in PINS, and bonds
8
5-/
(for Public Works Contracts)
1$
9
City Manager/ Mayor
Agreement executed by City Council authorized
S Z
official
10
City Clerk
Attest signatures, retains original agreement and
S l to q
forwards copies to Project Manager