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Home My WebLink About2003-151 ~ ' '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^ RESOLUTION NO. 2003-151 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN TRANSPORT TAX CONSULTING, INC. (TTC) AND THE CITY OF SAN BERNARDINO FOR FUEL EXCISE TAX REVIEW SERVICES; AND AUTHORIZING A PURCHASE ORDER TO TTC FOR SAID SERVICES PERFORMED FROM JANUARY 1997 THROUGH JUNE 2002. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Transport Tax Consulting, Inc. conducts highly specialized tax audits and accounting procedures to pursue tax refunds, recapturing overpaid fuel excise taxes; pursuant to this determination, the Mayor is hereby authorized to execute on behalf of the City of San Bernardino an agreement with Transport Tax Consulting, Inc, (TIC) relating to fuel excise tax review, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. That TTC conducted a field study of actual on and off highway fuel use of all city equipment and vehicles during the period of January 1997 through June 2002, resulting in a refund of $179,750.07 in overpaid fuel excise taxes. Pursuant to this determination the Purchasing Manager is hereby authorized to issue a purchase order to TIC in an amount not to exceed $77,117.42 for said services. SECTION 4, The Purchase Order shall reference this Resolution No. 2003- 151 and shall read, "Audit of overpaid fuel excise taxes P.O. No. not to exceed $77,117.42" and shall incorporate the terms and conditions of the Contract, which is on file in the City Clerk's Office. July 7, 2003 . ' '. 2003-151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN TRANSPORT TAX CONSULTING, INC. (TTC) AND THE CITY OF SAN BERNARDINO FOR FUEL EXCISE TAX REVIEW SERVICES; AND AUTHORIZING A PURCHASE ORDER TO TTC FOR SAID SERVICES PERFORMED FROM JANUARY 1997 THROUGH JUNE 2002. SECTION 5. The authorization to execute the above referenced Purchase Order is rescinded if not issued within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a jt. regular meeting thereof, held on the 7th day of July . 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x ~tJJ.CRarJu The foregoing resolution is 61/ ~ Ra heIM~1;!~t~ty .~I;~~ hereby ~pprove ~s t'f~\. ') J..~Ot(f July ,2003. JL~_ Approved as to Form and legal content: JAMES F. PENMAN, City Attorney , . 2003-151 SERVICES AGREEMENT THIS AGREEMENT is entered into this 7th day of July, 2003, by and between the TRANSPORT TAX CONSULTING, INC., ("CONSULTANT") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: WHEREAS, the CITY desires to retain the services of CONSULTANT for the purpose of fuel excise tax review; and the initial term ofthis Agreement shall be one (1) year from the date first shown above; and the CITY will have the option to exercise three (3) one-year extensions to this agreement and; WHEREAS, CONSULTANT possesses the skills to provide the most advantageous and best responsible proposal for providing said services for the CITY; NOW, THEREFORE, the parties hereto agree as follows: Section I. ScoDe of Work CONSULTANT shall furnish tax review services including but not limited to a field study, an appeal with the State Board of Equalization (SBE), filing of tax returns, and obtaining refunds. Services provided will include: 1. Conduct a field study that documents actual on and off highway fuel use of all CITY equipment and vehicles, 2. File an appeal with the SBE and obtain approval for documented off-highway fuel use. 3. After receipt of approval, filed tax returns and obtain refund. 4. CONSULTANT shall provide the Public Services Department with an invoice upon receipt of refunds and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 5. Refunds for non-taxable fuel use after the date of state approval will be kept 100% by CITY. " , . 2003-151 6. CONSULTANT shall be paid for such services as outlined under Section II., Compensation and Expenses. Section II. Comoensation and Exoenses. CITY agrees to pay CONSULTANT as follows: Fee to CONSULTANT for the period of 1997 through June 2002(1/2 of recovery) $80,117.42 Credit first invoice per fax dated March 7, 2003: -$ 3.000.00 Fee to CONSULTANT for the period ofJanuary 1997 through June 2002: $77,117.42 Fee to CONSULTANT for July 2002 through December 2002: $ 3,000.00 Fee to CONSULTANT for January 2003 through December 2003: $ 3,000.00 Fee to CONSULTANT for January 2004 through December 2004: $ 6,000.00 CONSULTANT's continued services guarantee an additional $6,000 to the recent annual average refund of $30,000. If CONSULTANT's methods do not generate the guaranteed additional $6,000 in refunds for proportionate fuel use, they will reduce their fee, dollar for dollar, for that amount that the additional refunds fall short of the $6,000 guarantee. No travel costs apply. Section III. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory Worker's Compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY, its officers, elected officials, attorneys, Boards, Committees, employees and agents, shall be set forth as an additional named insured in each policy of insurance provided hereunder, and shall require the insurer to notifY CITY, in writing, ten days in advance, of any material change or termination in the policy. 2 1", 2003-151 Section IV. No emDlovment. CONSULTANT shall perform work tasks provided by this Agreement; but for all intents and purposes, CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. CONSULTANT shall not receive any salary, bonuses, or employment benefits from the CITY. Section V. Termination. A) This Agreement may be terminated without cause upon thirty (30) days written notice by either CONSULTANT or CITY. B) In the event CONSULTANT or any employee of CONSULTANT breaches this Agreement, CITY shall have the right to terminate this Agreement immediately upon written notice to CONSULTANT. CITY shall have no obligation to pay CONSULTANT. Termination of this Agreement by CITY shall not limit any other right or remedy which CITY may have under this Agreement, at law or in equity. Section VI. Entire Al!:reement and Amendment This Agreement comprises the entire agreement of and between the parties with respect to the subject matter hereof. This Agreement may be amended or supplemented only by written agreement of CITY and CONSULTANT. Section VII. Waiver of Breach. Any failure of CONSULTANT and CITY to comply with any provision of this Agreement may be expressly waived in writing, but such waiver shall not be construed as a waiver of or an estoppel with respect to any subsequent or other breach. Section VIII. Assil!:nment: Successors and Assil!:ns. CONSULTANT shall have no right to assign, sell, transfer or delegate, whether involuntary or by operation of law, any right or obligation under this Agreement without the prior written consent of CITY, Any purported assignment, transfer or delegation in violation of this section shall 3 2003-151 be null and void. Subject to the foregoing limits on assignment and delegation, this Agreement shall be binding and shall insure the benefits of the parties and their respective successors and assigns, Section IX. Controllinl!: Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Section X. Notices. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Services, postage prepaid and addressed as follows: TO THE CITY: CITY of San Bernardino Public Services Department 300 North "0" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 TO THE CONSULTANT: Transport Tax Consulting, Inc. 929 North Val Vista Drive, #107103 Gilbert, AZ 85234 Facsimile (480) 924-7587 Notice may also be given by facsimile ("fax") during regular business hours to the numbers listed above, and such notice shall be deemed given upon receipt as reflected in a transmission verification. Nothing in this paragraph shall be construed to prevent the giving of notice by personal service, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: July ;12 . , 2003 Transport Tax Consulting Dave Merrill City of San Bernardino /,,,') I ! Date !'JuI..C\ ~ L 003 I l / ~ ?/i..C-?- By: Date: 7f/~/~>,? By: 4