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HomeMy WebLinkAboutContracts & Agreements_147-2014_CCv0001.pdf AGREEMENT FOR INFRASTRUCTURE UPDATE SERVICES This Agreement for infrastructure update services ("Agreement") is made and entered into this 28th day of July, 2014 (effective date) by and between the City of Redlands, a municipal corporation (hereinafter "City") and CBIZ Accounting, Tax & Advisory Services of Orange County, LLC (hereinafter "CBIZ"). City and CBIZ are sometimes individually referred to herein as a"Party" and, together, as the "Parties." AGREEMENT Section 1. Services. CBIZ shall perform an infrastructure update for the fiscal year ending June 30, 2014 (the "Services") as specified in its July 14, 2014 proposal submitted to City, a copy of which is attached hereto as Exhibit"A." Section 2. Cooperation. City shall cooperate with CBIZ in the performance by CBIZ of the Services, including, without limitation, providing CBIZ with reasonable facilities and timely access to data, information, and City personnel. City shall be responsible for the performance of City personnel and its agents, and for the accuracy and completeness of all data and information provided to CBIZ for purposes of the performance by CBIZ of the Services. Section 3. Reliance Upon City Information. City is responsible for making all financial records and related information available to CBIZ, and CBIZ shall be entitled to assume, without independent verification, the accuracy of all representations, assumptions, information and data provided to CBIZ. All assumptions, representations, information and data to be supplied by City will be complete and accurate to the best of its knowledge. CBIZ may use information and data furnished by others; however, CBIZ shall not be responsible for, and CBIZ shall provide no assurance regarding, the accuracy and completeness of any such information or data. Except as specifically provided herein, CBIZ shall not assume any responsibility for any financial reporting with respect to the Services. City acknowledges and understands that CBIZ is providing no attest services of any kind, scope or nature whatsoever, as part of this engagement. CBIZ shall have no responsibility to address any legal matters or questions of law in connection with this engagement. Section 4. Payment. City shall pay CBIZ the sum of Seven Thousand Nine Hundred Dollars ($7,900) as total compensation for the Services. CBIZ shall provide City with monthly invoices itemizing staff, hours billed, and hourly rate per staff for the period, and CBIZ shall be entitled to payment within thirty (30)days thereof. Section 5. Indemnity. CBIZ shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents, from and against any and all actions, claims, demands, lawsuits, losses and liability for damages to persons or property, including costs and attorneys' fees,that may be asserted or claimed by any person, firm, entity, corporation,political subdivision or other organization arising out of, or in connection with, CBIZ's negligent and/or wrongful acts or omissions under this Agreement. Section 6. Insurance. CBIZ shall procure and maintain during the term of this Agreement comprehensive general liability and property damage insurance, including 11cMdjmWgreementslCBIZ 2014 agrmnt.doc 1 automobile and excess liability insurance, for all claims for injuries to persons or damages to property which may arise from, or result in connection with, the performance of CBIZ's Services. CBIZ shall also maintain Workers' Compensation insurance in accordance with the State of California Workers' Compensation laws. All of CBIZ's insurance (except Workers' Compensation) shall name City, and its elected officials, officers, employees, agent, representatives and volunteers (collectively, "City and City Personnel"), as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel. All of CBIZ's insurance (i) shall be primary insurance and any insurance or self-insurance maintained by City or City Personnel shall be in excess of CBIZ's insurance and shall not contribute with it; (ii) shall be "per occurrence" rather than "claims made" insurance; and (iii) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. A. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, or non-renewed, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified or personal delivery. B. CBIZ shall furnish City with duplicate originals of insurance certificates and endorsements effecting coverage required by this Agreement which shall be received and approved by City before the Services are commenced. The duplicate originals and original endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on CBIZ's obligation to defend and indemnify City and City Personnel. C. The amount of insurance required hereunder shall be as follows: (i) General liability (including premises and operations, contractual liability, personal injury, independent contractor's liability): One Million Dollars ($1,000,000), single limit, per occurrence and Two Million Dollars ($2,000,000)annual aggregate. (ii) Automobile Liability (including owned, non-owned and hired autos): One Million Dollars ($1,000,000), single limit, per occurrence and annual aggregate. (iii) Workers' Compensation and Employer's Liability: In accordance with State Statutory requirements. (iv) Professional Liability: One Million Dollars ($1,000,000), per occurrence and Two Million Dollars($2,000,000) annual aggregate. D. Any deductible or self-insured retention shall be declared to and approved by City prior to the execution of this Agreement by City. In addition, CBIZ shall comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the term of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of this Agreement. For any Workers' Compensation and Employer's Liability Coverage, the insurer shall waive all rights of IAca\djm\AgrcementslCBIZ 2014 agrmm.doe 2 subrogation against City and City Personnel arising from work performed by CBIZ for City. City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of CBIZ to comply with this section or with the provisions of law relating to Workers' Compensation. Section 7. Independent Contractor. It is the express intention of the Parties that CBIZ is an independent contractor and not an employee of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between City and CBIZ. The Parties acknowledge that CBIZ is not an employee for State tax,Federal tax or any other purpose. Section 8. Discrimination Prohibited. In the performance of the Services and in the hiring and recruitment of employees, CBIZ shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. Section 9. Notices. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postal prepaid and addressed as follows: CITY: CBIZ: Tina Kundig, Marcus D. Davis, Finance Director Managing Director City of Redlands CBIZ Accounting,Tax&Advisory Services 35 Cajon Street of Orange County, LLC PO Box 3005 2301 Dupont Drive, Suite 200 Redlands, California 92373 Irvine,California 92612 Nothing in this section shall be construed to prevent the giving of notice by personal service. Section 10. Termination. This Agreement may be terminated by either Party, by providing ten (10) business days prior written notice to the other Parry (delivered by certified mail, return receipt requested)of intent to terminate. Section 11. Assignment. CBIZ shall not assign or subcontract any of the Services that are the subject of this Agreement. Section 12. Modifications. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless made in writing and signed by the Parties pursuant to this Agreement. Section 13. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Section 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IAca\djm\AgreementslCBIZ 2014 agrmnt.doc 3 Section 15. Effect of ljqadinu The heading sections of this Agreement have been insetted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. Section 16. Attorneys,', Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of reasonable attorneys' fees, including fees for use of in-house counsel by a Party. Section 17. Entire Agreement. This Agreement represents the entire agreement of the Parties as to the matters contained herein and supersedes any and all prior written or verbal agreements between the Parties. Section 18. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this Agreement. Section 19. Miscellaneous. This Agreement shall be binding on all successors and assigns of the Parties. Each Party acknowledges that this is a negotiated Agreement, and as a result, no part of this Agreement shall be construed against either Party based on drafting of the Agreement. Section 20. Limitation on Warranties. CBIZ warrants that it shall perform the Services in good faith. CBIZ disclaims all other warranties, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first shown at Redlands, California. CITY OF REDLANDS CBI Z ACCOUNTING, TAX &ADVISORY SERVICES OF ORANGE COUNTY, LLC Irv: By: Tina T. Kundig.. Finance DirectoMarcus D, Davis,Managing Director ATTEST: By: sc inne Donaldson, Deputy City Clerk Bce,djm\A.greementskCB1Z 2014 agnnnt.doc 4 Exhibit "A" NIIHNIII, i„L fm' July 14, 2014 1r. Emad Gewaily Principal ant/Internal Auditor City of Redlands 35 Cajon Street, Suite 30, Redlands California 92373 RE: INFORMAL REQUEST FOR PROPOSAL#20140606 INFRASTRUCTURE Dear Mr. eraily: CBIZ MHM, LLC ( Sl ) is pleased to respond to your Informal Request for Proposal #20140606 to provide infrastructure update services for the City of Redlands for the fiscal year ended June 30, 2014. We believe that while you have solicited proposals from other firms, CBIZ Is the ideal firm to provide these services for the following reasons, which are set forth in greater detail in our proposal. • CBIZ is a wholly owned subsidiary of Century Business Services, Inc.: (NYSE symbol: CBZ), CBIZ was formed in March '1999 from the consultingportion of the practice of Conrad and Associates, L L.P,, an independently owned CPA firm, In January 2006, Conrad and Associates, L.L.P. merged with Mayer Hoffman McCann P. ,„ a national CPA firm. • CBIZ has performed numerous infrastructure> inventories and valuations in accordance with the requirements of Governmental Accounting Standards Board (GASB) Statement Number 34. CBIAhas provided infrastructure update services to the City of Redlands since it implemented GASB 34. • The professional staff of CBIZ is highly specializedin governmental accounting and consulting. The firm devotes significant time and resources to continuing professional education related to governmental accounting and financial reporting. • We believe our approach is onethatrecognizes the need for close coordination and communication with the City of Redlands. CBIZ has a pool of personnel that are qualified to perform the work required in this proposal. All work to be performed would be done so by full-time employees in our Irvine, California office, This proposal shall remain valid for a period of ninety (9 0) days from the date of submittal. _ 301 Dupont Drive,suite 200 ` Irvine, _ 92612 Ph, .474.2 0 , F-1949.263.5520 Mr. Emad ally Principal Accountant/Internal Auditor City of Badlands duly 1 91 Our firm thanks the It f Redlands for the opportunity to provide infrastructure update; services to the City. Should you have any questions or deed additional information; please call me at (949) 783-1750 or by emall at mddavis@cbiz.com. Sincerely, CBIZ MHM. LLC Marcus D. Davis Managing Director CITY OF REDLANDS Proposal to Provide Infrastructure Update Services Table of Contents Section Page Cover Page 1 Executive Summary 2 Approach and Methodology 4 Fee Proposal 6 References 7 Exceptions or Deviations to Specifications S Proposer's Certification g PROPOSAL DOCUMENTS: PROPOSAL COVER PAGE Name of Firm, Entity or Organization: CBIZ MHM, LLC Federal Employer Identification Number (EIN): 34-1885304 State of California License Number (if Applicable): Name of Contact Person: Marc Davis Title: Managing Director E-Mail Address: mddavis@cbiz.com Mailing Address: 2301 Dupont Dr, Ste 200 Street Address (if different): City, State, Zip: Irvine, CA 92612 Telephone: 949-783-1750 Fax: 949-263-5520 Organization Corporation a Partnership❑ Proprietorship® Joint Venture Other If Corporation: Date of Incorporation: 3/12/99 State of Incorporation: CA States Registered in as Foreign Corporation: Authorized Signature: Print Name: Marcus D. Davis Signature: Title: -Managing Director _ Phone: 949-783-1750 This document must be completed and returned with your Submittal. 1 CITY OF REDLANDS Proposal to livid Infrastructure Update Services Executive r CB1Z MHM, LI ) was incorporated in March 1999 from the consulting portion of the practice of Conrad and Associates, LIL.P, a 35-year old local CPA flan. In January 2006, Conrad and Associates, L. .P. merged with Mayer Roffman McCann P.C., a national CPA firm. CBIZ is a wholly-owned subsidiary of CBIZ, Inc.. a publicly-traded company on the New fork Stook Exchange ( l 'S : ). CBIZ, Inc, offers a variety of services to small and medium- sized e iumsled business and government;. Services provided include accounting, consulting, insurance, employee benefits, retirement planning and administration, actuarial services, payroll, litigation support, information technology software sales and implementation, medical billing, tax and business valuation. The following map identifies the locations of the various CBIZ, Inc. offices. � f „M14Wiu41NaCrow"pmry S#xhuh d.ffic mN PH x;.y. CBIZ hes completed infrastructure inventories and valuations in accordance with the requirements of GASB 34 for the following agencies. • City of Alhambra amity of Newport Beach • City of Arroyo Grande 0 City of Palm Springs • City of Atascadero 0 City of Paso Robles • City of American Canyon a City of Pismo Beach • City of Camarillo 0 City of Rancho Cucamonga • City of Cerritos 0 City of Redlands • City of inuba a City of Rialto • City of Escalon 0 City of San Clemente • City of Fowler 0- City of San Marcos • City of Hawaiian Gardens 0 City of Santa Ana • City of Highlandnd # City of Sang Maria • City of`Hugh on 0 City of Soledad 2 CITY OF REDLANDS Proposal to Provide Infrastructure Update Services Executive Summary • City of La Palma • City of Temple City • City of La Quinta • City of Torrance • County of Los Alamos, NM • City of Tulare • County of Los Angeles • City of West Covina • City of Lynwood • City of Yuba City • City of Moreno Valley • Southern California Regional Rail • City of Morro Bay Authority • City of National City The scope of services provided under each of these engagements included complete infrastructure valuations, including right-of-way, in accordance with the provisions of GASB 34. The various types of infrastructure we have inventoried and valued for these cities has included streets (pavement and right-of-way), curbs/gutters, sidewalks, medians, storm drains, traffic signals, street lights, bus shelters, trees, sewer systems, water systems, beaches and harbors, airports, dams, public art, sound walls, retention basins, off-road trails, paseos, library materials and fiber optic networks. 3 CITY OF REDLANDS Proposal to Provide Infrastructure Update Services Approach and Methodology We propose to provide infrastructure update services to the City of Redlands (City) as described below. This work plan has been used successfully on previous infrastructure update services projects for both the City and other jurisdictions. This Plan is based upon our understanding of and past experience with the City, and our familiarity with its infrastructure. In the past, the city has provided documentation for our review in order to help keep the cost of services down. We are utilizing this approach again this year. • The City will provide CBIZ with a listing of projects accepted by the City Council between July 1, 2013 and June 30, 2014. For each project, the City will provide a copy of the bid document and a copy of the plans. • City will identify all developer projects accepted by the City between July 1, 2013 and June 30, 2014. • CBIZ will update the City's detailed infrastructure inventory for the year ending June 30, 2014 based solely upon the information provided by the City. • CBIZ will calculate accumulated depreciation and depreciation expense as of and for the year ending June 30, 2014. • CBIZ will provide a report documenting the additions and deletions in a format acceptable to the City's external auditors. We will utilize actual costs incurred by the City in updating the infrastructure records. For developer projects, we will estimate the costs based upon costs incurred by the City on other similar projects, as well as our database of projects incurred by other jurisdictions. This estimated cost will be equivalent to the fair market value at the date of donation. The report provided to the City will consist of the following components: • Executive Summary—This section will include the following subcomponents. It will be in narrative format describing the work performed. o Background — This subsection will include the scope of the project and identify the specific systems and subsystems included in the annual update. o Methodology for Identifying Infrastructure Assets— This subsection will identify at what point in time the City recognizes when an infrastructure asset is complete and placed in service. it is at this time the cost of the infrastructure asset can be capitalized. We will identify the specific projects of the City in which infrastructure assets were generated. o Methodology for Determining Infrastructure Asset Cost — This subsection will document the records from which the cost of the asset was determined. We will 4 CITY OF REDLANDS Proposal to Provide Infrastructure Update Services Approach and Methodology discuss both City-constructed assets, as well as developer donated- infrastructure. o Depreciation Policies — This subsection will describe the depreciation policies of the City as they apply to infrastructure assets. It will include the useful lives of the assets, as well as the depreciation method used by the City. o Summary of Infrastructure Asset Changes, by Network — This subsection will consist of a table at the system level identifying the balance of the system at the beginning of the fiscal year, additions, deletions and balance of the system at the end of the fiscal year. It will also include accumulated depreciation of the system at the beginning of the fiscal year, depreciation expense, accumulated depreciation removed for deleted assets and accumulated depreciation of the system at the end of the fiscal year. o Summary of Changes in Individual Systems — Separate subsections will be provided for each of the systems of the City. For each system, a table will be provided identifying the balance of the subsystem at the beginning of the fiscal year, additions, deletions and balance of the subsystem at the end of the fiscal year. It will also include accumulated depreciation of the subsystem at the beginning of the fiscal year, depreciation expense, accumulated depreciation removed for deleted assets and accumulated depreciation of the subsystem at the end of the fiscal year. • Detailed Schedules of Additions and Deletions — This section will include schedules, by subsystem, of all infrastructure asset additions and deletions for the fiscal year. It will be detailed by project and segment affected. Upon completion, the draft report will be submitted to the City for review and comment. Upon approval of the draft report, we will provide a final report to the City in both electronic and hard copy format. In order to ensure the timely completion of the project, our Team Member will be in contact with the City's project liaison. The City's project liaison will be responsible for coordinating all work to be completed by the City. Finally, CBIZ will remain available to the City for consultation throughout the year. We encourage the City to contact us whenever there are questioned related to infrastructure, especially as it relates to whether specific projects need to be capitalized or not. 5 CITY OF REDLANDS Proposal to Provide Infrastructure Update Services Fee Proposal CBIZ will provide infrastructure update services for the City for a fixed fee of $7,900. This fixed fee is inclusive of all travel and out-of-pocket expenses. Invoices will be submitted monthly for work performed the previous month. Our fees are based upon the complexity of the work to be performed, timing of the engagement, experience level of the personnel required, and estimates of the professional time to complete the required services. Additionally, our fees are dependent on the availability, quality, and completeness of the City's records and, where applicable, upon the City's personnel providing the level of assistance identified in this proposal. Should our assumptions with respect to these matters be incorrect, or should the condition of the records, degree of cooperation, or other matters beyond our reasonable control require additional commitments by us beyond those upon which our estimated fees are based, we may adjust our fees and planned completion dates. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate as soon as reasonably practicable. In addition, fees for any related projects will be billed separately from the fee referred to above and will be subject to separate arrangements. 6 CITY OF REDLANDS Proposal to Provide Infrastructure plots Services References We offer the following references related to infrastructure update services. Should additional references be required, please lit us know. City of Redlands . Tire fundi Finance Director (909) 798-7516 tlrundig@cityofrediand .or City of Newport Beach Rukshana Virany Accounting Manager (949) 644-3146 rirn new pdrtdoaha. o City of Dinuba Mr. Cass Cook Finance Director (559) 591-5900 c ool din jca 7 EXCEPTIONS OR DEVIATIONS I I Note: Proposer must sign the appropriatet l applicable. X) Proposer understands and agrees to all terms, conditions„ requirements and specifications stated herein. Firm: CBlZ MHM, LLQ Signature: . Proposer takes exceptions to terms, conditions, requirements or specifications stated herein: (Proposer must itemize each exception below- and return with the Proposal Form.) Firm: Signature: Proposer should nota that any exceptions taken from the stated terms and/or specifications may, but not necessarily will be cause for their submittal to be daardad"non-responsive", risking rejecting of the submittal. Attached ars additional pages; This t must be completedt i Submittal 8 PROPOSER'S CERTIFICATION Submit To: City of Redlands CITY OF REDLANDS Finance Department INFORMAL REQUEST FOR PROPOSAL(IRFP) 35 Cajon Street. Suite 30 CERTIFICATION AND ADDENDA Redlands, CA 92373 ACKNOWLEDGEMENT Phone 909-335-4776 DUE DATE: June 30, 2014 DUE TIME: 6:00 to FP#20140616 TITLE: Infrastructure Update Services FIRM NAME: PHONE NUMBER: CBIZ MHM, LLC 949-783-1750 FIRM MAILING ADDRESS: FAX NUMBER: 2301 Dupont Dr, Ste 200 949-263-5520 CITYISTATEIZIP: E-MAIL ADDRESS: Irvine, CA 92612 mddavis cbiz.com "I,the undersigned,certify that I have reviewed the addenda listed below(list all addenda received to date). I understand that timely commencement will be considered in award of this RFP and that cancellation of award will be considered if commencement time is not met,and that untimely commencement may be cause for assessment of liquidated damages claims. I further certify that the services will meet or exceed the RFP requirements. 1, the undersigned, declare that I have carefully examined the RFP, specifications, terms and conditions as applicable for this Request, and that I am thoroughly familiar with all provisions and the quality and type of coverage and services specified. I further declare that I have not divulged,discussed,or compared this RFP with any other Offer or and have not colluded with any offerors or parties to an RFP whatsoever for any fraudulent purpose." Addendum# Addendum# Addendum# Addendum# Addendum# "I certify that this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an RFP for the same material,supplies,equipment or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to sign this response and that the offer is in compliance with all requirements of the RFP, including but not limited to certification requirements. In conducting offers with an agency for the City of Redlands respondent agrees that if this proposal is accepted,the respondent will convey,sell,assign,or transfer to the City all rights,title and interest in and to all causes of action it may now or hereafter acquire under the anti-trust laws of the United States for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City's discretion,such assignment shall be made and become effective at the time the purchasing agency renders final payment to the respondent." Marcus D. Davis, Managjng Director7/14/14 Authorized Agent Name,Title(Print) Authorized Signature Date This form must be completed and returned with your Submittal 9