HomeMy WebLinkAbout2000-302
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Resolution No. 2000- 302
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE MAYOR 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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of the City of San Bernardino an agreement with Transport Tax Consulting,
Inc. (ITe) 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 granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the Office of the
City Clerk within 60 days following effective date of the Resolution.
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2000-302
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN
BERNARDINO AUTHORIZING THE MAYOR 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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a Joint Regular meeting thereof, held on
the 2 nd
day of October
, 2000, by the following vote, to wit:
Council Members: Ayes Nays Abstain Absent
ESlRADA X
X
LIEN
MCGINNIS X
SCHNETZ X
-
SUAREZ X
ANDERSON X
-
MCCAMMACK ~
~ l:L~
City Clerk
The foregoing resolution is hereby approved this 4 'l\-\
October ,2000.
day of
Approved as to form and
Legal con e t;
James F. e
dith Valles, Mayor
City of San Bernardino
'"'-
BY:
2
2000-302
SERVICES AGREEMENT
THIS AGREEMENT is entered into this ..<(nt day of October, 2000, between
Transport Tax Consulting, Inc. ("CONTRACTOR") and the CITY OF SAN BERNARDINO
("CITY)".
WITNESSETH:
A. WHEREAS, CITY has need for fuel excise tax review and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services: and,
C. WHEREAS, CONTRACTOR has provided the most advantageous and best
responsible proposal for providing said services;
NOW THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish tax review services including but not limited to a field study,
an appeal with the State Board of Equalization, filing of tax returns, obtaining refunds, and
training CITY staff.
2. Over the term of this Agreement, CONTRACTOR shall be paid for such services 50% of the
amount ofrefunds from past non-taxable fuel use. Refunds for non-taxable fuel use after the
date of state approval will be kept 100% by CITY.
3. CONTRACTOR shall provide the Public Services Department with an invoice in arrears
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.
4. The initial term of this Agreement shall be two (2) years from the date first shown above and
is subject to termination by either party upon thirty (30) days written notice to the other.
There may be up to three (3) one-year extensions.
2000-302
5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents
harmless from any claim, demand, liability, suit, judgment or expense (including, without
limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's
performance of this agreement, except that such duty to indemnify, defend and hold harmless
shall not apply where injury to person or property is caused by CITY's willful misconduct or
sole negligence. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the City shall be considered as "attorney's
fees" for the purposes of this paragraph.
6. While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR shall maintain in effect policies of comprehensive public, general, and
automobile liability insurance, in the amount of $1,000,000 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. The policies
shall name the CITY as an additional insured and shall provide for ten (10) day notification
to the CITY if said policies are terminated or materially altered.
7. CONTRACTOR shall perform work tasks as directed by the Public Services Department, but
for all intents and purposes, CONTRACTOR shall be an independent contractor and not an
agent or employee of the CITY.
8. In the performance of this Agreement and in the hiring and recruitment of employees,
CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,
physical handicap, ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be deposited with the United States
Postal Service, postage prepaid and addressed as follows:
2000-302
TO THE CITY:
Public Services Director
300 North 'D' Street
San Bernardino CA 92418
TO THE CONTRACTOR
Transport Tax Consulting, Inc.
929 N. Val Vista Dr. Ste. 107103
Gilbert, AZ 85234
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 shown.
Date:
10\ 'Oft> ()
I
by:
~,.h'l;:> ~l::(>'-(LC,-,-, ~'J..c->
Transport Tax Consulting
Signa ure
Date: \O.l\-oC:,
by:
t.;{~~!..~
Judit lies
Ma r
Cit 0 San Bernardino
AN BERNARDINO
ATTEST:
~b.~
Rachel . k, City Clerk
Approved as to form
and legal content:
By: