HomeMy WebLinkAboutReso 35-2018 (18-142)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 35 -2018
File Number: 18 -142 Enactment Number: RES 35 -2018
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ON CALL AGREEMENT WITH DAVID TAUSSIG &
ASSOCIATES FOR SPECIAL TAX CONSULTANT SERVICES IN AN
AMOUNT NOT TO EXCEED $150,000 PER YEAR FOR A TWO
YEAR PERIOD AND APPROVING BUDGET AMENDMENT 18.025.
WHEREAS, the City of South San Francisco issued a Request for Proposals (RFP) in October 2016 for
consultant services to assist with infrastructure financing through potential financing districts; and
WHEREAS, the City received five timely proposals in response to the RFP; and
WHEREAS, after initial review, the City invited the top four firms to the interview process in December
2016; and
WHEREAS, the firms were evaluated on a wide variety of criteria, including proposal quality,
experience, and cost; and
WHEREAS, the City entered into an agreement with David Taussig & Associates (DTA) based on the
recommendation of the evaluation panel; and
WHEREAS, DTA has proven to be responsive, knowledgeable, and experts in their field; and
WHEREAS, the City requires professional support from DTA to continue its efforts to evaluate and
implement land secured financing districts, including Community Facilities Districts (CFD).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council hereby approves an on call agreement with David Taussig and Associates in an amount
not to exceed $150,000 per year for a two year period, ending June 30, 2019.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the
City Manager to execute an on call agreement, attached hereto as Exhibit A, with David Taussig &
Associates in an amount not to exceed $150,000 per year for a two year period ending June 30, 2019. -
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby approves
Budget Amendment 18.025.
city of South San Francisco Page 1
File Number: 18 -142
Enactment Number: RES 35 -2018
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to make any
revisions, amendments, corrections and modifications to the on call services agreement, subject to the
approval as to form by the City Attorney, deemed necessary to carry out the intent of this Resolution and
which do not materially alter or increase the City's obligations thereunder; and to take any related action
reasonably necessary to carry out the intent of this Resolution.
E3
At a meeting of the City Council on 3/14/2018, a motion was made by Karyl Matsumoto, seconded by Mark
Addiego, that this Resolution be adopted. The motion passed.
Yes: 4 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Gupta, and
Councilmember Addiego
Absent: 1 Councilmember
Attest
Krista
City of South San Francisco Page 2
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 1 of 16
ON CALL CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
DAVID TAUSSIG & ASSOCIATES
THIS AGREEMENT for on-call consulting services is made by and between the City of South San
Francisco (“City”) and David Taussig & Associates (“Consultant”) (together sometimes referred to as the
“Parties”) as of March 1, 2018 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide consulting services on an on-call basis to City as described in the Scope of Work attached
hereto and incorporated herein as Exhibit A, at the time and place and in the manner specified by the
respective executed Task Orders, a sample of is attached hereto and incorporated herein as Exhibit B. In
the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, and/or and
any executed Task Orders, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2019, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City’s right to term inate the
Agreement, as provided for in Section 8.
1.2 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope
Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope
Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an
executed Task Order, Consultant shall perform the services listed in the Task Order and in
a manner consistent with this Agreement.
1.3 Standard of Performance. Consultant shall perform all work required by this Agreement
in a substantial, first-class manner and shall conform to the standards of quality normally
observed by a person practicing in Consultant's profession.
1.4 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.5 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.3 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. This On-call Services Agreement does not guarantee any amount of
work for the Consultant. Task Orders will be developed and executed as needed and provided for in this
Agreement. The Consultant shall be paid by the City only for completed services rendered under each
EXHIBIT A
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 2 of 16
approved individual Task Order. Such payment shall be full compensation for payment shall be full
compensation for work performed or services rendered a nd for all labor, materials, supplies, equipment and
incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing,
Consultant shall not receive total compensation under this Agreement in an amount over One Hundred
Fifty Thousand Dollars ($150,000.00) per fiscal year, in which the first fiscal year shall begin on
March 1, 2018 and end on June 30, 2018 and the second fiscal year shall begin on July 1, 201 8 and
end on June 30, 2019. In the event of a conflict between this Agreement and Consultant’s proposal,
regarding the amount of compensation, the Agreement shall prevail. The payments for completed work
under an executed Task Order shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City ac knowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. C onsequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for all services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain all the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a cop y of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed u nder the Agreement by each
employee, agent, and subcontractor of Consultant performing services hereunder ;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcont ractor of
Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)-
month period under this Agreement and any other agreement between Consultant
and City. Such notice shall include an estimate of the time necessary to complete
work described in Exhibit A and the estimate of time necessary to complete work
under any other agreement between Consultant and City, if applicable.
The amount and purpose of actual expenditures for which reimbursement is
sought;
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 3 of 16
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. Each invoice shall include all expenses and
actives performed during the invoice period for which Consultant expects to receive
payment.
2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be render ed by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additiona l service pursuant to this Agreement. In no
event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit C.
2.6 Reimbursable Expenses. Reimbursable expenses, as specified in Exhibit D, attached
hereto and incorporated herein, shall not exceed One Thousand Dollars ($1,000).
Expenses not listed below are not chargeable to City. Reimbursable e xpenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar fe deral or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as it may be
amended, and is exempt from withholding. Contractor accept s sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non-California
subcontractors.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 4 of 16
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages
and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per vi olation.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make av ailable to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event sha ll City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long -distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property th at may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide proof satisfactory to City o f such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the City. Consultant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Ins urance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self -insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator , as defined in Section 10.9. The insurer, if
insurance is provided, or the Consultant, if a program of self -insurance is provided, shall
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 5 of 16
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than One Million Dollars ($1,000,000) per
occurrence, combined single limit coverage for risks associ ated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability Insurance and Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability on an “occurrence” basis. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (most recent edition). No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintai n
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than One Million Dollars $1,000,000 covering the licensed
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 6 of 16
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed one hundred fifty thousand dollars ($150,000) per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of five (5) years after completion of work under this
Agreement or the work. The City shall have the right to exercise, at the
Consultant’s sole cost and expense, any extended reporting provisions of
the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, this shall not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 7 of 16
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as ad ditional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the City’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; pr emises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded t o City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s li ability, or
which has the effect of providing that payments of the self -insured retention by
others, including additional insureds or insurers do not serve to satisfy the self -
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self -
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 8 of 16
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, a nd forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the
fullest extent allowed by law, with respect to all Services performed in connection with this Agreement ,
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losse s, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance (“Claims”), to the extent
caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of
Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contribute d in no part to the injury,
loss of life, damage to property, or violation of law.
5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from l iability
under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 9 of 16
insurance policies shall have been determined to apply. By execution of this Agreement,
Consultant acknowledges and agrees to the provisions of this Section and that it is a
material element of consideration.
5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of
Consultant providing services under this Agreement is determined by a court of
competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify,
defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such
contributions, which would otherwise be the responsibility of City.
5.3 Third Party Claims. With respect to third party claims against the Consultant, the
Consultant waives any and all rights of any type of express or implied indemnity against
the Indemnitees.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's ser vices rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwit hstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, an d hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act o n behalf of City in any capacity whatsoever as an
agent to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all federal, state and local laws and regulations applicable to the performance of the work
hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute
a breach of contract.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 10 of 16
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of whatsoever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the sub ject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
7.6 Contractor’s Residency and Tax Withholding Contractor declares that Contractor is a
resident of the State of California in accordance with the California Franchise Tax Board
form 590 (“Form 590”), as may be amended, attached hereto and i ncorporated herein as
Exhibit F. Unless provided with valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Contractor as required by
law. Contractor shall obtain, and maintain on file for three (3) years after the termination of
the Contract, Form 590s from all subcontractors. Contractor accepts sole responsibility for
withholding taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Contractor's withholding duty to City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 11 of 16
Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of notice of termination; City, however, may condition
payment of such compensation upon Consultant delivering to City all materials described
in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
Contractor to execute a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have
no obligation to provide Consultant with compensation beyond the maximum amount
provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performanc e by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputatio n and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 12 of 16
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, me moranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the prop erty of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. 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 City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties except as required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled chec ks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection , audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as
part of any audit of the City, for a period of three (3) years after final payment under the
Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals . All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 13 of 16
The City shall not be liable or in any way responsible for the disclosure of an y such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confident ial trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys’ fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that Party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of San Mateo or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement sha ll not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other t erm
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 14 of 16
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 , et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 , et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090, et seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus gr oup, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City
Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee. Further, the
Contract Administrator has authority to approve Task Orders under this Agreement.
10.10 Notices. All notices and other communications which are require d or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant
____________________________________________
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 15 of 16
____________________________________________
____________________________________________
City
NOTICES INVOICES
City Clerk Engineering
City of South San Francisco City of South San Francisco
400 Grand Avenue 315 Maple Ave
South San Francisco, CA 94080 South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibil ity," as in the
following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, D, E, and F represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral pertaining to the matters herein.
Exhibit A Scope of Services
Exhibit B Task Order
Exhibit C Compensation Schedule
Exhibit D Reimbursable Expenses
Exhibit E Form 590
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non-signatory third parties.
Consulting Services Agreement between [Rev:2.13.2014] March 1, 2018
City of South San Francisco and David Taussig & Associates Page 16 of 16
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO CONSULTANT
____________________________ ______________________________
Mike Futrell, City Manager [NAME, TITLE]
Attest:
____________________________
Krista Martinelli, City Clerk
Approved as to Form:
____________________________
City Attorney
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit A- Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
I. PHASE ONE
COMMUNITY FACILITIES DISTRICT FEASIBILITY ANALYSIS
DTA shall assist City in analyzing the feasibility of utilizing a CFD for which the City is the lead agency to
finance certain development impact fees (“Impact Fees”) and public improvements (“Public Improvements”)
for the Project.
Task 1 Background Research
Review available planning, engineering, existing property tax, development absorption, and financial
information regarding the Project. All Project information listed below under Task 1 shall be provided by
City and/or its consultants. DTA shall base its analysis on data received from these sources, and shall not
conduct any independent research to verify the accuracy of such data. DTA shall also assist City in
determining CFD-eligible services, as well as the cost of the services (e.g., road and grade separations,
landscaping, various utilities, parks and open space, etc.) to be funded through CFD.
Information to be reviewed shall include the following:
Data provided by City
• Review Project land uses, anticipated absorption, and sales price information;
• Review Assessor’s Parcel Numbers;
• Review Impact Fee and Public Improvement cost information (201 8$);
• Review Public Facilities phasing schedules;
• Review Services/O&M Costs (2018$);
• Coordinate with City and its consultants to refine data as necessary.
Task 2 Property Tax Research
Request a preliminary title report, Assessor’s Parcel Numbers, and property tax bills for the Project in order
to identify the existing property tax rate, special taxes, and assessme nts. DTA shall contact the related
taxing entities and service providers, as appropriate, to determine projected and maximum rates and the
methods of assessment. DTA shall utilize this information to identify the base property tax rate for
purposes of modeling the projected total effective tax rate.
Task 3 CFD Pro Forma and Bond Structure
Prepare initial community facilities district pro forma and follow -up pro formas (up to a total of five (5)) as
requested by City to estimate supportable bonded indeb tedness, special tax and total effective tax rates,
City and merchant builders’ CFD carrying costs (i.e., vacant land special taxes), etc. Assist City in
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit A- Page 2 of 5
evaluating optimal bond structure, including an analysis of level and increasing debt service, sales of
multiple series of bond issues, use of improvement areas or zones, trade -offs between capitalized interest
and bond-financed facilities, HOAs vs services components, required reserve funds, and escrowed bond
proceeds, if applicable.
City understands that bonded indebtedness will be constrained by a number of factors including, but not
limited to, interest rates, maximum special taxes, and the appraised value to public debt ratio (e.g., the
value to lien ratio) of the Project. Provided City supplies DTA with an estimated appraised value for the
Project, DTA will estimate the overall value to lien ratio for the Project. DTA will not conduct nor obtain an
independent appraisal of the Project. If no estimate of appraised value is provided, DTA’s bonding c apacity
analysis shall be limited to a test of sufficient special taxes.
Task 4 CFD Formation and Bond Issue Schedule
Prepare a proposed schedule for the formation of a CFD and the sale of a first series of bonds.
Task 5 Meetings to Discuss Phase 1 Tasks
A DTA Vice President shall attend up to one (1) meeting with City and its consultants to present and/or
discuss the tasks performed. After a total of one (1) meeting for Phase One attended by DTA has been
completed, additional meetings may require fees beyond the maximum established if the agreed upon total
fee amount has been completely expended based on hourly rates quoted herein. DTA shall also provide
verbal assistance to City and its consultants as necessary.
II. PHASE TWO
COMMUNITY FACILITIES DISTRICT FORMATION
DTA shall provide financial consulting services necessary to assist City in the formation of a CFD for the
Project. The Phase II tasks listed below represent work completed through the Resolution of Formation for
the CFD, and do not include the actual issuance of CFD bonds.
Task 6 Rate and Method of Apportionment of Special Tax (the Special Tax Formula)
Prepare or review and comment on the rate and method of apportionment of the special tax (“RMA”),
subject to City’s marketing constraints and financing objectives. The RMA will document the special tax
formula, maximum special tax rates, classification of property for purposes of the annual levy, the
prepayment methodology, etc. All such components of the RMA will be structured so they are consistent
with City approved CFD policies. The RMA will be designed to adapt to changes in land use, densities, and
absorption. DTA will also evaluate the need for improvement areas or zones, and if required, develop a
separate RMA for each improvement area or zone.
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit A- Page 3 of 5
Task 7 Revisions to CFD Pro Forma
Prepare revised CFD pro formas as needed, up to a total of 15 pro formas (including those prepared under
Task 3), for the Project.
Task 8 CFD Report & Registrar of Voters Certification
Develop the public report which shall contain a description and estimated cost of the proposed public
services, facilities, and development impact fees to be financed by the CFD, estimated bonded
indebtedness and related issuance costs and incidental expenses, a nd an explanation of the special tax
apportionment methodology.
Coordinate obtaining a certificate from San Mateo County (the “County”) Registrar of Voters/Elections
Division confirming the registered voters’ status residing in the boundaries of the CFD p rior to the adoption
of the Resolution of Formation (Government Code Section §53322).
Task 9 Joint Community Facilities Agreement and Funding and Acquisition Agreement
Review and comment on Joint Community Facilities Agreement (if applicable) and Fundin g and Acquisition
Agreement, and assist City in executing such agreements.
Task 10 Document Review and Preparation
Assist the City and its consultants in the review of legal documents for the formation of the CFD, including
the Resolution of Intention and Resolution of Formation.
Task 11 Boundary Map & Notice of Special Tax Lien
This task entails the preparation of the CFD boundary map pursuant to the requirements of the Mello -Roos
Act and the County Recorder’s Office, assuming that computerized base maps are provided by City. The
boundary map will describe the property to be subject to the special tax. When finalized, and as requested,
DTA will prepare mylar and black line originals of the boundary map and coordinate execution of the
signature blocks and recordation.
Provide a list of Assessor’s Parcels to be attached to the Notice of Special Tax Lien and coordinate and/or
confirm its recordation with the CFD Sponsor, pursuant to the Streets & Highway Code §3114.5.
Task 12 Meetings to Discuss Phase 2 Tasks
A DTA Vice President shall attend up to two (2) meetings with City, City, and other public agency staff and
consultants, to present and/or discuss the pro formas, RMA, CFD Report, Joint Community Facilities
Agreement, Funding and Acquisition Agr eement, or attend the City Council meeting at which the Resolution
of Formation is adopted and the election is held. After a total of two (2) meetings for Phase II attended by
DTA have been completed, additional meetings may require fees beyond the maximu m established if the
agreed upon total fee amount has been completely expended based on hourly rates quoted herein.
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit A- Page 4 of 5
Task 13 Additional General and Technical Assistance
Answer questions and provide technical advice to City regarding the CFD proceedings during the period in
which Tasks 8-12 are being completed, subject to Limitations in Compensation Schedule.
Additionally, answer questions and provide technical advice to City regarding construction management
issues related to the CFD, including documenta tion of bidding procedures, prevailing wages, etc. for use in
Funding and Acquisition Agreement, negotiations with the City, and actual construction of public facilities.
III. PHASE THREE
COMMUNITY FACILITIES DISTRICT ISSUANCE OF BONDS
DTA shall provide financial consulting services necessary to assist City with the issuance of CFD bonds for
the Project.
Task 14 Revisions to CFD Pro Forma
Prepare revised CFD pro formas as needed, up to a total of 20 pro formas (including those prepared under
Tasks 3 and 7 for the Project).
Task 15 Appraisal
Review appraisal process and methodology with City. Recommend appraiser(s) if requested. Provide
special tax and bond construction proceeds data to appraiser, and review and comment on Appraisal.
Task 16 Market Absorption Study
Review market absorption study and methodology with City and comment, if necessary.
Task 17 Value to Lien Analysis
Utilizing information contained in the market absorption study and appraisal, prepare and/or review value to
lien ratio estimates to assist in identifying bond underwriting issues and timing of bond issues.
Task 18 Bond Documents
Assist City in review and comment on, legal and bond documents for the CFD bond issuance, including
Trust Indenture, Official Statement and, Co ntinuing Disclosure Agreements.
Task 19 Meetings to Discuss Phase 3 Tasks
A member of DTA staff shall attend up to two (2) meetings with City, the City, and other public agency staff
and consultants, as well as other interested parties, to present and/o r discuss the Appraisal, Market
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit A- Page 5 of 5
Absorption Study, Official Statement, Trust Indenture, and other applicable bond documents. After a total
of two (2) meetings for Phase III attended by DTA have been completed, additional meetings may require
fees beyond the maximum established if the agreed upon total fee amount has been completely expended
based on hourly rates quoted herein.
Task 20 Additional General and Technical Assistance
Answer questions and provide technical advice to City regarding the CFD proceedings and financing during
the period in which Tasks 14 - 19 are being completed, subject to Limitations in Compensation Schedule.
This effort may include more extensive work related to these tasks, including assisting City in negotiations
with the CFD Sponsor and merchant builders. These negotiations could involve, but are not limited to, the
developer disclosure requirements, letter of credit and surety bond requirements, bond and CFD structuring
scenarios, merchant builder land sales agreements , and the CFD Sponsor’s decisions that impact the
financing of infrastructure for the Project.
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit B- Page 1 of 1
EXHIBIT B
TASK ORDER
On-Call Consulting Services Agreement
TASK ORDER ##
This Task Order pertains to the On -Call Consulting Services Agreement by and between the City of South
San Francisco ("City"), and David Taussig & Associates ("CONSULTANT"), dated March 1, 2018 ("the
Agreement"). Task Order ## is generally described as:
1. Sub-task 1.
2. Sub-task 2.
3. Sub-task 3, etc.
Consultant shall perform the Consulting Services on the Project described below as provided herein and in
the On-Call Consulting Services Agreement. This Task Order shall not be binding until it has been properly
signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to
the Project described below.
PROJECT NAME: Project Name
TASK ORDER NUMBER: #:#
Project Budget: $ Amount - numbers
Task Order Scope: See attached, Attachment 1. [attach specific task scope and cost]
This Task Order is executed this ____ day of ____________, YEAR.
CONSULTANT FIRM NAME
Approved: _________________________________________ Date: _________________________
Name Title
CITY OF SOUTH SAN FRANCISCO
Approved: _________________________________________ Date: _________________________
Richard Lee, Director of Finance
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates -Exhibit C - Page 1 of 2
EXHIBIT C
COMPENSATION SCHEDULE
HOURLY RATES
David Taussig & Associates, Inc.
2018 Fee Schedule
President/Managing Director
Vice-President/Engineer
Manager
Senior Associate
Associate
Analyst
Research Assistant
$350/Hour
$250/Hour
$225/Hour
$180/Hour
$160/Hour
$140/Hour
$125/Hour
LIMITATIONS
In addition to fees for services, City shall reimburse DTA for out -of-pocket and administrative expenses by
paying a charge equal to 3% of DTA’s monthly billings for labor, plus clerical time @ $75 per hour, travel
costs, and any outside vendor payments, not to exceed a total of $1,000 annually.
Hourly billing rates are also subject to cost -of-living increases after twelve (12) months from the execution
of an agreement covering advisory and administrative support services.
LEGAL DISCLOSURES
DTA has never filed for bankruptcy in its 3 3 years in business. There are no existing or threatened litigation
proceedings against DTA or any of its p rincipals and there have not been any in the last five (5) years.
Additionally, DTA is unaware of any engagement which may interfere with the firm’s ability to provide
independent and unbiased advice to the City.
Consulting Services Agreement between March 1, 2018
City of South San Francisco and David Taussig & Associates-Exhibit D - Page 1 of 1
EXHIBIT D
REIMBURSABLE EXPENSES
Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement:
mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail, and delivery.
Reimbursable expense shall be attached by the Consultant for approval by the City and shall not exceed
One Thousand Dollars ($1,000). Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.