HomeMy WebLinkAbout05.I- Finance 5.1
DOC ID: 4704 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Brent Mason M/CC Meeting Date: 11/07/2016
f
Prepared by: Veronica Martinez, (909)
384-5242
Dept: Finance Ward(s):
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 1 to the Agreement Between the City of San
Bernardino and Revenue and Cost Specialists, LLC. for a Cost Allocation Plan and User
Fee Study. (#4704)
Current Business Registration Certificate:
Financial Impact:
The incremental cost of the First Amendment is $10,000 and will be paid from the
Finance Department budget from existing funds in the adopted 2016/17 budget. No
additional budgetary action is required to approve this item. The additional revenue to
be generated from adopting new fees that reflect the current cost to provide City
services, is anticipated to raise several hundred thousand dollars in new revenue.
Motion: Adopt the Resolution.
SYNOPSIS OF PREVIOUS COUNCIL ACTION:
11/21/2014 - Resolution 2014-389 was approved.
In 2014 the Council approved an agreement with Revenue and Cost Specialists, LLC
(RCS) to provide a cost allocation plan and user fee study. That agreement was for a
total fixed sum cost of$69,020 which included $7,020 for software that would allow staff
to update the fees in-house as costs change in the future. It anticipated the work being
done by the original contract's expiration date of June 30, 2015. Due to issues
associated with processing the bankruptcy, this project stalled before it was completed.
BACKGROUND:
Cities customarily charge a fee for services provided to customers that have a specific
benefit (e.g., a recreation class, plan review, facility rental) versus services of a broad
benefit to the entire community (e.g., police services). The fee charged cannot exceed
the cost to provide the service.
Cities generally update their fees and charges each year to reflect increases in the cost
to provide their services. San Bernardino last updated a portion of its fees in 2009,
though many of the fees were not adjusted then, not having been increased since 2005.
Part of the City's Recovery Plan to exit bankruptcy includes an update to the fees for
services that will reflect the City's current costs to provide its services. A financial study
is required to properly evaluate staff time and other costs required to perform the
Updated: 11/2/2016 by Georgeann "Gigi" Hanna A I Packet Pg. 139
4704
various services, and to develop the appropriate level of fees based on that information.
In late 2014 the Council approved an agreement with RCS to provide a cost allocation
plan and user fee study after soliciting and comparing quotes from several firms that
perform this type of work. That agreement was for a total fixed sum cost of$69,020.
Thus far, the City has paid $37,200 for work performed pursuant to this agreement.
RCS estimates that approximately 75% of the work has been completed, but with
limited staff and turnover in the various departments, RCS was unable to obtain the
needed data to complete the study. The original agreement with RCS expired in June
2015.
Staff recently met with RCS consultants to assess the project's status and determine
what is required to complete the study. While much of the data collected can be utilized,
the updated audits (2014 and 2015) and current information for fiscal year 2015-16 plus
2016-17 budget data need to be incorporated with the data they already have. That will
require some added work on the part of RCS at a cost of$10,000. To complete the
study will take approximately six months from the point of restarting them. Once
completed, the recommended fees will be submitted to the Council for review and
adoption.
Recommendation:
Staff recommends that the Council approve an amendment to the existing agreement
with RCS, extending the agreement to June 30, 2017 and an additional $10,000 for a
fixed sum contract total cost of$79,020.
Supporting Documents:
Amendment No 1 to Resolution (DOCX)
agrmt. 4704 (PDF)
Reso 2014-389 Revenue and Cost Specialists LLC (PDF)
Revenue and Cost Specialists LLC VSA 2014 (PDF)
Updated: 11/2/2016 by Georgeann "Gigi" Hanna A Packet Pg. 140
5.I.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1
3 TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
REVENUE AND COST SPECIALISTS, LLC. FOR A COST ALLOCATION PLAN
4 AND USER FEE STUDY.
E
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: �E
7 SECTION 1. The City Manager is hereby authorized and directed to execute an
0
8 Amendment to the Cost Allocation Plan and User Fee Study Agreement between the City of
Ul
9 San Bernardino and Revenue and Cost Specialists, LLC. a copy of which is attached hereto
10
11 marked Exhibit"A" and incorporated herein by reference as fully as though set forth at length. o
U
12 SECTION 2. The Finance Department is hereby authorized to issue a Purchase Order c
a
13 to Revenue and Cost Specialists, LLC., for an additional amount of$10,000 for a total fixed
d
14 sum cost of$79,020 for a Cost Allocation Plan and User Fee Study.
v
15 SECTION 3. The authorization granted hereunder shall expire and be void and of no
16 c
further effect if the Agreement for is not executed by both parties and returned to the Office of 0
17 c
18 the City Clerk within sixty(60) days following the effective date of this Resolution.
0
19
0
Z
20 /// _
d
E
21
m
22 E
u
23 d
E
24
25
26
27
28
1
Packet Pg. 141
5.I.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1
2 TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
REVENUE AND COST SPECIALISTS, LLC. FOR A COST ALLOCATION PLAN
3 AND USER FEE STUDY.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
E
5 and Common Council of the City of San Bernardino at a meeting m
E
6 thereof,held on the day of , 2016,by the following vote, to wit:
7
a, c
8 Council Members: AYES NAYS ABSTAIN ABSENT v
9 MARQUEZ ;
10 BARRIOS vQi
11 0
VALDIVIA v
12
SHORETT
13
14 NICKEL
15 RICHARD o
ti
v
16 MULVIHILL o
17 0
W
18 W
Georgeann Hanna, City Clerk 0
19
0
20 The foregoing Resolution is hereby approved this day of 12016. Z
c
0
21 'a
22 R. Carey Davis, Mayor E
a
23 City of San Bernardino
m
24 Approved as to form:
s
Gary D. Saenz, City Attorney
25 a
26 By:
27
28
2
Packet Pg. 142
AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN ERNARDINO AND
REVENUE COST SPECIALISTS, LLC.
THIS AMENDMENT 140.1 is made and entered into as of , 2016 by and between the CITY
OF SAN BERNARDINO, (hereinafter referred to as City), and REVENUE COSTS SPECIALISTS, LLC.
("CONSULTANT`). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows;
1. This Amendment is made with respect to the following facts and purposes:
a. On November 21, 2014, the City of San Bernardino entered into an Agreement for a Cost E
Allocation Plan and User Fee Study for a total amount not to exceed Sixty Nine Thousand
Twenty dollars ($69,020)and authorized a purchase order to the Consultant, E
b. The parties now desire to amend the agreement and add an additional amount of Ten Thousand L
dollars ($10,000) for a Cost Allocation Plan and User Fee Study. o
U
2, Section 2.0 Compensation And Billing of the Agreement is hereby amended to increase the amount
that the City agrees to pay the Consultant by ten thousand dollars($10,000)for a Cost Allocation
Plan and User Fee Study. The City shall pay Consultant for services rendered pursuant to this Q
Agreement at the time and in the manner set forth herein. Amendment No. 1 shall be for a total amount
not to exceed Seventy Nine Thousand Twenty dollars ($79,020) for a Cost Allocation Plan and User o
Fee Study.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement
shall remain in full force and effect.
111
NI CD
0
ti
rr! E
L
rl! �
m
E
1
Packet Pg. 143
AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN ERNARDINO AND
REVENUE COST SPECIALISTS, LLC.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through
their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO REVENUE AND COST SPECIALISTS, LLC.
A Municipal Corporation Consultants
c
d
E
Mark Scott, City Manager Consultants Q
U
i
C
O
U
ATTEST: y
U
Georgeann Hanna, City Clerk
Cn
N
O
U
APPROVED AS TO FORM:
c
Gary D. Saenz, City Attorney
ti v
o
r.
m
E
f0
a-.
Q
2
Packet Pg. 144
1 RESOLUTION NO.2014-389
c
2 d
Y OF SAN
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CIT E
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR
4 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND E
REVENUE AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND a
v
5 USER FEE STUDY. L
c
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE U
N
CITY OF SAN BERNARDINO AS FOLLOWS: y
a SECTION 1. That the City Manager is hereby authorized to execute a Vendor Services
m
CL
9
Agreement with Revenue and Cost Specialists, LLC attached hereto as Exhibit "A' and c
U
10
incorporated herein by this reference.
c
11 d
SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 d
13 further effect if the agreement is not executed by both parties and returned to the Office of the
0
14 City Clerk within sixty(60) days following the effective date of the Resolution.
15 U
l(I J
16 +N-
N
17
ilI Q
18 Cl)
19 O
U
20 c
R
21 c
a>
22 m
23 M
24 0
N
/!/
O
25 N
d
26
///
27 =
26 Q
t
Packet Pg. 145
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR
2 SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
3 REVENUE AND COST SPECIALISTS, LLC FOR A COST ALLOCATION PLAN AND a
USER FEE STUDY.
4 a
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ,
O
6 U
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the y
7
1 7th day of November, 2014,by the following vote,to wit: 2
8 v
N
G.
Council Members: AYES NAYS ABSTAIN ABSENT N
9 N
O
U
10 MARQUEZ X
1 BARRIOS X
12 a>
VALDIVIA X
13
14 SHORETT X o
v
1s NICKEL X — L)
J
16 JOHNSON X N
17
MULVIHILL x
1s n�
O
19 Georg&iL Hanna, Clerk v
20 m
The foregoing Resolution is hereby approved this l d �f Nove er 2014 a,
21 (D
d
22 R. Carey Da s,Mayor
23 City of San Bernardino M
Approved as to form: d
24 Gary D. Saenz,City Attorney °
N
O
25 m
26 By.
C
O
27
V
to
28 Q
2
Packet Pg. 146
51d
2014-389
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
REVENUE AND COST SPECIALISTS,LLC FOR
A COST ALLOCATION PLAN AND USER FEE STUDY E
This Vendor Services Agreement (the "Agreement") is entered into thisl7rhday of November
20 14 BY AND BETWEEN: Q
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the 0
"CITY"); y
A
AND,
CDa�
o.
Revenue and Cost Specialists, LLC, incorporated under the laws of the State of
California and having its principal place of business at 1519 East Chapman Avenue, Suite v
C, Fullerton, CA 92831 (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the
"PARTIES"), d
c
m
WITNESSETH : CD
WHEREAS, the Mayor and Common Council of CITY have determined that it is o
advantageous and in the best interest of the CITY to contract for a cost allocation plan and user
fee study; and,
0
N
WHEREAS, the CITY did solicit and accept quotes from available vendors for a cost Q
allocation plan and user fee study and VENDOR was the most qualified bidder; and, j
U
J
WHEREAS, CITY and VENDOR desire to contract for a cost allocation plan and user J
fee study and desire to set forth their rights, duties, and liabilities in connection with their N
.r
performance; and,
a�
WHEREAS, no official or employee of the CITY has a financial interest, within the
provisions of California. Government Code, Sections 1090-1092, in the subject matter of this o
Agreement. v
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
m
contained herein,the PARTIES hereby agree as follows:
m
1. SCOPE OF SERVICES. tr
a.:
For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those
products and services as set forth on Attachment"l,"attached hereto and incorporated herein. C
a
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page I of 8
Packet Pg. 147
5.Ld
2014-389
2. COMPENSATION AND EXPENSES.
2.1 Compensation. VENDOR shall be paid for the services set forth in Attachment r
"1" a total fixed sum of$69,020.00. No other amounts, except those expressly
provided for in this Agreement,shall be paid by CITY.
a�
2.2 Additional Services. VENDOR shall not receive compensation for any services a
provided outside the scope of services specified in this Agreement unless the
CITY, prior to VENDOR performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests v
and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable.
3.3 Method of Billing. VENDOR may submit invoices to CITY for approval at a
intervals no more often than monthly. Said invoice shall be based on the total of 0
42
all VENDOR's products and services that have been supplied and performed to 0
the CITY's sole satisfaction. CITY shall pay VENDOR's invoice within forty- v
five (45) days.from the date CITY receives said invoice. Each invoice shall
describe in detail the products supplied, the services performed, and the _
associated time for completion. Any additional products or services approved and
performed pursuant to this Agreement shall be designated as "Additional >
Services" and shall identify the number of the authorized change order, where
applicable;on all invoices. o
ti
3.4 Records and Audits. Records of VENDOR's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting N
principles and shall be made available to CITY upon reasonable notice. Q
3. TERM; TERMINATION. L)
J
The term of this Agreement shall be from November 17,2014 until June 30, 2015, inclusive. 41
N
tC
This Agreement may be terminated at any time upon thirty (30) days written notice by either
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. C
Cn
The duration of this Agreement may be extended with the written consent of both parties. o
v
4. INDEMNITY.
R
VENDOR agrees to and shall indemnify and hold the CITY, its elected officials, employees,
_
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of VENDOR, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the CITY, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at Q
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 2 of 8
PacketPg. 148
2014-389
its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. VENDOR hereby waives any and all rights to any types of express or implied
indemnity against the CITY, its elected officials, employees, agents or representatives, with
respect to third party claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement. d
E
a
5. INSURANCE.
L
_
5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain 0
during the life of this Agreement all of the following insurance coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket a
contractual liability, personal injury with a policy limit of not less than One
Cn
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and v
aggregate. ._
c
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
(c) Worker's compensation insurance as required by the State of California. c
r•
5.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions: c
N
Q
(a) Additional insureds: "The City of San Bernardino and its elected and Cn
appointed boards, officers, agents, and employees are additional insureds with 0
respect to this subject project and contract with City."
N
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced,until thirty(30)days after written notice is given to City."
Q.
(c) Other insurance: "Any other insurance maintained by the City of San y
Bernardino shall be excess and not contributing with the insurance provided 0
by this policy."
_
M
5.3 Certificates of Insurance. VENDOR shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described (D
above, in a form and content approved by CITY,prior to performing any services rr
under this Agreement.
m
5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, E
the indemnification provision contained within this Agreement, or the extent to
which VENDOR may be held responsible for payments of damages to persons or a
property.
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 3 of 8
Packet Pg. 149
51d
2014-389
6. NON-DISCRIMINATION.
c
In the performance of this Agreement and in the hiring and recruitment of employees,VENDOR m
shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age, d
mental or physical disability, medical condition, marital status, sexual gender or sexual Q
orientation,or any other status protected by law.
c
7. INDEPENDENT CONTRACTOR. 0
N
VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes N
VENDOR shall be an independent contractor and not an agent or employee of the CITY.
VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Q„
Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, N
and other payroll deductions for VENDOR and its officers, agents, and employees, and all 0
business license, if any are required,in connection with the services to be performed hereunder. .a
c
S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
c
d
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and
maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code,and any
other licenses,permits, qualifications, insurance and approval of whatever nature that are legally c
required of VENDOR to practice its business or profession.
v
9. NOTICES. N
a
Any notices, documents, correspondence, or other communication concerning this Agreement or j
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally J
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. N
Mail as reflected by the official U.S.postmark.
m
o.
TO THE CITY: TO THE VENDOR: y
0
U
Allen Parker, City Manager Rick Kermer,President
City Manager's Office Revenue and Cost Specialists,LLC
300 North D Street 1519 East Chapman Avenue,Suite C
San Bernardino, CA 92418 Fullerton, CA 92831 >
d
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
a
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 4 of 8
Packet Pg. 150
S.Cd
2014-389
10. ATTORNEYS' FEES
In the event that litigation is brought by any PARTY in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, E
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its _
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in a
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
0
U
11. ASSIGNMENT. r
U)
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
any part of the VENDOR's interest in this Agreement without CITY's prior written consent. C0.
Any attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute N
a breach of this Agreement and cause for the termination of this Agreement. Regardless of v
CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation -V
to perform all other obligations to be performed by VENDOR hereunder for the term of this
Agreement.
c
d
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated either in the Superior Court of the State of California for the County of
San Bernardino or the United States District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be N
mandatory and not permissive in nature. N
13. GOVERNING LAW. U
J
J
N
This Agreement shall be governed and construed under the laws of the State of California n
without giving effect to that body of laws pertaining to conflict of laws.
U
m
14. SUCCESSORS AND ASSIGNS. cn
N
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement v
and their respective heirs,representatives, successors,and assigns.
m
15. HEADINGS. c
m
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions. E
r
a
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 5 of 8
Packet Pg. 151
S.Ld I
2014-389
16. SEVERABILITV.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or E
enforceability of the remaining terms and provisions hereof or of the offending provision in any c
other circumstance, and the remaining provisions of this Agreement shall remain in full force 0
and effect. Q
�o
17. REMEDIES; WAIVER. r
c
0
All remedies available to either PARTY for one or more breaches by the other PARTY are and N
shall be deemed cumulative and may be exercised separately or concurrently without waiver of N
any other remedies.
a�
a
The delay or failure of either PARTY to require performance or compliance of the other of any Cn
of its obligations under this Agreement shall in no way be deemed a waiver of those rights to 0
require such performance or compliance. No waiver of any provision of this Agreement shall be
effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
CD
occurrences or events and shall not be deemed a continuing waiver. (D
18. ENTIRE AGREEMENT.
0
ti
NOW
This Agreement constitutes the entire agreement and the understanding between the PARTIES, d
and supersedes any prior agreements and understandings relating to the subject matter of this N
Agreement. N
19. COUNTERPARTS. v
J
J
This Agreement may be executed in counterparts, each of which shall be deemed to be an N
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY N
executing (or on whose behalf such signature is execute) with the same force and effect as if y
such facsimile or".pdf'signature page were an original thereof. °
U
C
20. AMENDMENT. �
0
c
No amendment to this Agreement will be effective unless it is in writing and signed by both >
m
PARTIES.
a�
E
0
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 6 of 8
Packet Pg.152
5.i.d
2014--389
21. CORPORATE AUTHORITY.
Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the d
PARTIES hereto are formally bound to the provisions of this Agreement.
m
22. COMPLIANCE WITH LAW a
VENDOR agrees to abide by all federal, state, and local laws,ordinances and regulations.
L
Y
23. FORCE MAJEURE. O
U
N
r+
A PARTY shall not be liable for any failure or delay in the performance of this Agreement for
the period that such failure or delay is due to causes beyond its reasonable control, including but
not limited to acts of God. war, strikes or labor disputes, embargoes, governmental orders or any Q
other force majeure event.
N
O
24. RESPONSIBILITY FOR ERRORS.
c
VENDOR shall be responsible for its work and results under this Agreement. VENDOR, when
requested by CITY, shall furnish clarification and/or explanation as may be required by CITY's
representative, regarding any services rendered under this Agreement at no additional cost to
CITY. In the event that an error or omission attributable to VENDOR occurs, then VENDOR
shall, at no cost to CITY, provide all necessary services to rectify and correct the matter to the
r sole satisfaction of CITY and to participate in any meeting required with regard to the correction.
25. ORDER OF PRECEDENCE.
N
Q
In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits >
or Attachments,the terms set forth in this Agreement shall prevail. v
J
J
N
26. CONSTRUCTION. n
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement, cn
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with c
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any U
Party by virtue of authorship of any of the provisions of this Agreement. _
a
m
a�
c
E
//i
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 7 of 8
Packet Pg.153
5.Ld
2014-389
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
REVENUE AND COST SPECIALISTS,LLC FOR
A COST ALLOCATION PLAN AND USER FEE STUDY
a�
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day Q
and date set forth below. u
�a
L
•F+
0
U
Dated: >2014 VENDOR: [Name of Vendor]
N
By cn
��
Its: ��212/1 0
C
d
Dated �� Z, 2014 CITY OF SAN BERNARDINO
m
By: o
en Parker,City Manager
0
N
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney >
U
J
J
►_��' -r-
By: �
a,
Q.
Cn
Y
0
U
.a
c
c�
m
3
c
m
CD
Y
0
0
E
V
Q
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REVENUE
AND COST SPECIALISTS,LLC FOR A COST ALLOCATION PLAN AND USER FEE STUDY
Page 8 of 8
Packet Pg. 154