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HomeMy WebLinkAboutMunicipal Financeial ServicesAGREEMENT THIS AGREEMENT is made and entered into on they' day of 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and. Municipal Financial Services (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Evaluate Nonresidential Units of Services in Los Altos Hills 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement.0 ir ........ ...... ........... 111�klk 3. TERMS. The., services and/or materials furnished under this Agreement shall commence 31-247�S�'* and shall be completed by 4CIlq //S�� unless terminated pursuant to Section 5(f). 4.' CQMPENS&TJON., For the full performance of this Agreement: A. TOWN shall pay CONTRACTOR an amount not to exceed Nine thousand six hundred twenty dollars and zero cents ($9,620.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of 'goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any -work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/ gods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos bills Page I of 4 Short form Updated 4/23110 5. GENERAL TERMS AND QONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless, the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this, Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWNI its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this, Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. ,$1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not 'include the wording "endeavor to" or "but failure to' mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" ,as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4123/10 c. NON-DISCRIMI NATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer- employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written . consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, 'documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short form Updated 4123/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the -Parties. Any amb'igu'ities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: March 19, 2015 Signature Date Thomas Pavietic, Owner Print name, Title TOWN OF LOS ALTOS HILLS: r A 41 `a y U By: 4 'F nager D -M e Carl Cahil I C Fty-Mb - Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 2960 Valley Basin Avenue Henderson, NV 89062 (51 9) 439-6264 March 12, 2015 Mr. Richard Chiu, Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject.* Proposal to Evaluate Nonresidential Units of Service Dear Mr. Chlu: At your request, Municipal Financial Services (MFS) is pleased to submit a proposal to work with the Town of Los Altos to evaluate nonresidential Units of Service. This proposal documents our scope of work, estimated time to complete the project and hourly rates. I Background Units of Service and the current Sewer Service Charge are listed In the Town's Adopted Schedule . bf Fees Deposits Gbazges for ServIce and OtherAssessments effectIve Apr# 17 ,r 2014, The Town' *8 current Units of Service and Sewer Service Charge per unit of service ($733) are shown in the figure below,, Annual service charge per unit of SeTvIce Units of service Residence (I to 60 fixture units) Church Country club Off ce Fire station Elementary or JH without gym and/or cafeteria Junior High with gym and/or cafeteria High School Juniorfligh Boarding School or Convent * ADA -average daily attendance 1.00 unit 1.00 unit 2.68 units 1.84 units 3.00 units 1.00 unit for each 26 students in ADA* 1,00 unit for each 20 students In ADA* 1.00 unit for each 15 students In ADA* 1.00 unit for each 10 students In ADA* 1.00 unit for each 15 residents In ADA* plus $12 for each 10 nonresident students The Los Altos Hills Municipal Code, Title 6, Sanitation and Health, states "The basis for determining the cost for treating and collecting wastewater will be the 'service unit which will be considered for the purpose of this article to be the basic charge for each premises computed on the basis of treating wastewater for the typical single-family residence, The unit cost per [sit] service unit for sewer service fees shall be as specifiedfrom time to time by resolution of the City Council (§ 1, Ord,, 440, eff, October 15, 2005)0" Mr. Richard Chiu March 12, 2015 Page 2 of 4 Scope of Work The scope of work for the study includes the following work items: a Task I - Validate Nonresidential Customer List and Prepare Customer Notifications, 9 Task 2 - Field Visits at Nonresidential Properties and Prepare Customer Update No. 1. ® Task 3 - Review Findings with Staff and Prepare Customer Update No. 2. M Task 4 - Prepare Draft and Final Letter Reports with Recommendations, N Task 5 - Prepare Presentations/Attend Meetings (one total}Y Each task Is described more fully in the paragraphs below. Task I - Validate Nonresidential Customer List and Prepare Customer Notifications, Prepare a preliminary list of customer contact Information and water use data. Review customer list with Town Staff for completeness. Obtain from the Town copies of sewer maps that show sewer lateral locations and connections to the sewer collection system pipe for each nonresidential customer (including Town facilities). Contact PHWD and CWS -and verify water meter numbers for each nonresidential customer. Prepare a draft customer notification letter 'that explains the purpose and process of the evaluation of nonresidential units of service. Revise draft customer notification letter to incorporate comments by Town Staff. Town Staff to mail final version of customer notification letter. Develop the wastewater dischrarge Characteristics for a typical single-family residence in terms of Flow (in gallons per day), BOD (in pounds per day) and TSS (in pounds per day). TOTAL LABOR HOURS =12 Task 2 W" Field Visits at Nonresidential Properties and Prepare Customer Update No. 1. Schedule and conduct site visits at 11 nonresidential customer locations and all Town locations that are provided sewer service. A draft list of the nonresidential customer locations are shown in the table below. Town locations will be added to the table during the completion of Task 1. -Current Customer Class or User Address Se to Area APN Unit Beth -Am Center, Church 26795 St. Francis Drive 17532001 11100 Beth -Am Center, Office 1.84 Seton Provincelate Convent 26000 Altamont Road 18224012 -$.QO Seton Provincelate Office 1,984 Fremont Hills Country Club 12889 Viscalno Place Los Altos Hills 17555049 3.68 Purlssima Hills Water District 1..84 Gardner Buills School (LAHUSD) 25890 Fremont Road Los Altos .11.85 Saint Nicholas School 12816 South El Monte Ave Los Altos Hills 9.96 Waldorf Peninsula School 11311 Mora Drive Los Altos 5.21 - Pinewood Junior High School (PAUSD) 26800 Fremont Road Los Altos Hills 4.80 Pinewood High School (PAUSD) 13.60 Mr. Richard Chiu March 12,2015 Page 3 of 4 The purpose of the site visits is to. 1) locate and photograph the location of PH' D or CWS water meters and sewer lateral connections to the collection system pipe; 2) identify and describe all processes that generate wastewater discharge; and 3) collect any available data that is of use for characterizing the volume and strength characteristics of the wastewater discharge, Wastewater discharge characteristics for users of a wastewater system are typically expressed in terms of average annual values for Flow (in gallons per day), BOD (in pounds per day) and TSS (in pounds per day),' Characteristics are assigned to each customer class or customer and are used to develop sewer service charges that recover wastewater system costs In proportion to each user's level of use. Prepare an inspection report for each nonresidential customer location that includes: 1) a summary of water meter numbers and water use; 2) a summary of sewer laterals and connections to the collection system; 3) tabulation of wastewater discharge characteristics for average annual wastewater discharge (in gallons per day), BOD discharge (in pounds, per day) and TSS discharge (in pounds per day); 4) photographs taken during the site visit; and 5) recommended units of service. Prepare a draft customer update letter (the first of two updates) that: 1) transmits the inspection report; and 2) explains the findings obtained during the site visit; and 3) requests additional data or comments. Revise draft customer update letter to incorporate comments by Town Staff. Town Staff malls final version of customer update letter. Collect additional data and comments provided by customer. TOTAL LABOR HOURS law 40 Task 3 - Review Findings with Staff and Prepare Customer Update No,, 2 Revise nonresidential recommended units of service as necessary,. Prepare a draft customer update letter (the second of two updates) that: 1) informs customers of the recommended units Of service; and 2) explains the next steps in the update process, Revise draft customer update letter to incorporate comments by Town Staff, Town Staff mails final version of customer update letter. TOTAL LAOR HOURS =1 Task 4 - Prepare Draft and Final Letter Reports with Recommendations,, Prepare a letter report that describes the work performed and recommends Units of Service,, We will prepare an electronic version of a draft letter report and submit it to Town Staff for review and comment. used on a consolidated set of comments from the Town, we will revise the draft letter report and prepare a final version, We will submit a final letter report in electronic format, TOTAL LABOR HOURS w 8 Task 5 - Prepare Presentations/Attend Meetings (one total). We Will attend one (1) meeting at the Town Hall for presentation of findings and recommendations. We will prepare a presentation as requested by the Town. We will conduct all other meetings using "go to meeting" technology,, TOTAL LABOR HOURS = i8 I BOD and TSS are conventional pollutants that are removed from wastewater during the treatment process. BOD is an acronym forbiochemical oxygen demand, TSS is an acronym for total suspended solids. BOD is measured using a laboratory test in which standardized procedures are used to determine the oxygen requirements of wastewater. The BOD test measures the oxygen required for the biochemical degradation of organic material. The test results represent the average BOD strength of wastewater discharged during a given period. TSS is measured using a laboratory test in which standardized procedures are used to measures solids that eitherfloat on the surface of, or are In suspension in water, sewage or other liquids, and which are largely removable by laboratory filtration procedures, Mr. Richard Chiu March 12, 2015 Page 4 of 4 Deliverables Work products (deliverables) included inthis proposal are: Site inspections at all nonresidential locations. ■ Electronic copy of the draft and final letter reports and the Excel spreadsheet used to develop tables and figures for the reports, ■ one (1) meeting at the Town Hall for presentation of findings and recommendations. Budget The proposed budget to perform the scope of work is shown in the table below. Travel expenses and all other expenditures are included in the hourly labor rates, only actual labor hours will be charged. Labor hours not used will not be invoiced. Labor hours for each task are fungible among tasks up to the total hours shown for the entire scope of work, Schedule We can begin work immediately after receiving written authorization to proceed. we will perform the work on a schedule that meets the City's objective to complete the project within time to submit its Tax Roll for the 2015-20 1Assessment, Thank you for the opportunity to propose on this work,, If you have any questions, please call me at (510) 439-6264 (cell). Very truly yours, MUNICIPAL. FINANCIAL. SERVICES Tom Pavle#ic Hourly Task Hours Pate Cost. Task I—Validate Nonresidential Customer List and Prepare Customer Notifications 8 $130 $1,040 Task 2- Reld Visits at Nonresidential Properties and Prepare Customer Update No.1 40 $130 $5,200 Task 3—review Findings with staff and Prepare Customer Update No. 2 12 $130 $1,560 Task 4—Prepare Draft and Final Letter Reports with Recommendations 5 $130 $1,040 Task 5- Prepare P"resentations/Attend Meetings (one total) 0 $130 $780 Total Hours and Costs 74 $0,520 Schedule We can begin work immediately after receiving written authorization to proceed. we will perform the work on a schedule that meets the City's objective to complete the project within time to submit its Tax Roll for the 2015-20 1Assessment, Thank you for the opportunity to propose on this work,, If you have any questions, please call me at (510) 439-6264 (cell). Very truly yours, MUNICIPAL. FINANCIAL. SERVICES Tom Pavle#ic Form W=9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification irequester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) Thomas Carl Pavletic C� Business name/disregarded entity name, if different from above . M Municipal Financial Services C), Check appropriate box for federal tax classification: C: 0 Individual/sole proprietor F1 c corporation El S Corporation Partnership EJ Trust/estate 0-.2 o 4-a 0 E] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►0 - Exempt payee 0 --------------------- Other (see instructions) 110, Address (number, street, and apt. or suite no.) Requester's name and address (optional) 2960 Valley Basin Avenue Town of Los Altos Hills City, state, and ZIP code 26379 Fremont Road Henderson, NV 89052 Los Altos Mills, CA 94022 List count number(s) here (optional) KOMI. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other 3 0 3 6 4 7 0 2 2 entities, it is your employer identification number (EIN). If you do not have a number,, see How to get a TIN on page 3. Note. If the account is in more than one name,, see the chart on page 4 for guidelines on whose Employer lidenfification number number to enter. I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me),, and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification,, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of February 5, 2015 Here U.S. person 0- Date Po. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt., or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person n (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and,, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes,, you are considered U.S. person if you are: o An individual who is a U.S. citizen or U.S. resident alien, * A partnership,, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership Is required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore,, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231 X Form W-9 (Rev. 12-2011)