City of Placentia
Revenue Auditing & Compliance Services
Questions Deadline:
4:00 p.m., PST, Monday, June 20, 2022
Proposals Due Date:
4:00 p.m., PST, Tuesday, July 5, 2022
City Contact:
Jennifer Lampman, Director of Finance
email: [email protected]
Phone No. (714) 993-8229
(Issued June 7, 2022)
City of Placentia Request for Proposal for Revenue Auditing & Compliance Services
SUMMARY
The City of Placentia is seeking proposals from qualified professional consulting firms to evaluate the accuracy and reasonableness of Utility Users Tax (UUT) and Business License payments received by the City.
Proposals, prepared according to the following detailed instructions, must be received via email to ilampman(c placentia.orq no later than 4:00 a.m.. Pacific Standard Time. Tuesday. July 5, 2022.
The City of Placentia assumes no obligations of any kind for expenses incurred by any respondent to this solicitation.
It is the City of Placentia's policy to assure nondiscrimination in any contract entered into pursuant to this advertisement. Firms will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award as provided by Title VI of the Civil Rights Act of 1964.
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The City of Placentia is soliciting proposals for Revenue Auditing & Compliance Services.
I. ABOUT THE CITY
Background Information
The City of Placentia is located in North Orange County, in the heart of Southern California, with Los Angeles County to the north and San Diego County to the south and a population of approximately 52,000. Under the city charter adopted in 1926, the City is organized in the Council -Administrator form of government. The City Council includes five (5) members, each of whom is elected to overlapping four-year terms.
The City provides a full range of municipal services including police, fire and life safety, maintenance of streets and parks, community development, recreational and cultural activities, economic development, and administrative services. The City's FY22/23 Proposed General Fund budget is $45 million including $2.4 million in Utility Users Tax (UUT) and $1.2 million in business license tax revenue.
II. PROJECT DESCRIPTION
The City of Placentia (hereinafter referred to as "CITY") is requesting proposals from qualified firms or individuals to:
1. Assist in collecting additional general tax revenues due to the City, as determined from auditing, recovery, reporting and associated compliance activities to include Business License Tax and the following Utility Users Tax (UUT) categories: Electric, Gas & Communications; and
2. Assist in the development of Business License and UUT revenue forecast models; and
3. Provide legislative and state agency monitoring in connection with legislation/ regulation relating to City's UUT (to include gas and electric aggregators, and California Department of Tax and Fee Administration (CDTFA) collected pre -paid telecommunications UUT).
The term of the agreement will be three (3) years with two (2) additional one-year extensions.
III. GENERAL SCOPE OF WORK
Utility Users Tax
The audit firm shall perform compliance review of major utility providers and assure the UUT is being properly applied to taxable services and charges. The City currently collects UUT from approximately 230 utility services providers with a tax rate of 3.5% for all utilities.
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For more details on the City's Utilities Tax rules and regulations, please refer to Exhibit A.
Procedures shall include at minimum:
1. Review for accuracy the gas and electric exemption lists and telecommunication exemption certificates for non-residential customers, as provided by the City, and identify possible errors to City staff.
2. Perform compliance review of major utility providers and utilize other methods to verify whether such companies are doing business within the City.
3. Based on review of regular and accurate UUT payment history, identify possible gaps in payments and inaccuracies.
4. Confirm that geocoding is correctly applied to customers within the City.
5. Confirm that tax has been applied to all appropriate services and program packages
6. Work with the City to identify utility providers that are providing services within the City and get them into compliance with the City's Ordinance.
Business License Tax
Procedures shall include at minimum:
1. Review of City business registrations to ensure that all companies doing business with the City have a current business registration. Review may include physical inventory of businesses and/or analysis of State databases such as State Board of Equalization, Franchise Tax Board or California Department of Tax and Fee Administration (CDTFA).
2. For any business that does not have a current business registration, provide the City with follow-up action plan to achieve licensing compliance.
3. Provide recommended methodology for verifying accuracy of "gross receipts" or flat rate tax.
4. For each unlicensed or non -reporting businesses identified and confirmed, assist businesses, as necessary, to complete the City's application and determine the amount of tax due for current and prior period; plus applicable interest and penalties in accordance with the City's ordinances and fee schedules.
5. Contractor shall track licensee payments from one year to the next to identify any accounts with substantial variations in payments. These must be reported to the City for review and upon City direction and approval possible follow up or audit with licensees.
6. Provide ongoing communication to the City on discoveries or deficiencies for non -licensed, nonreporting or under reporting businesses.
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For more details on the City's Business Registration Tax rules and regulations, please refer to Exhibit B.
Related to the all of the above audit services, the Professional Consultant/Vendor would:
1. Represent the City for purposes of examining records related to the above revenue sources to identify and confirm any errors/omissions leading to deficient payments to the City.
2. For each error/omission identified and confirmed, prepare the appropriate documentation to facilitate recovery of revenue due to the City including any applicable penalties and interest.
3. Prepare and forward to the appropriate parties requests for corrective action and revenue recovery.
4. Meet with designated City officials as necessary (but not less than quarterly) to review consultant's findings and recommendations.
5. Provide any additional assistance as necessary to support the City in recovering and preventing tax delinquencies.
6. Utility Users' Tax: Prepare annual UUT report that includes legal and legislative issues that could potentially affect UUT revenues and a five-year forecast for each utility industry type; assist in development of multi-year UUT budget revenue forecast model.
7. Legislative/State Agency Liaison and Implementation Monitoring: Provide federal, state, and local legislative and state agency liaison and program implementation monitoring (including coordination with City's state and federal lobbyists) in connection with legislation/regulation relating to City's UUT.
V. PROPOSAL REQUIREMENTS
A. General Requirements
Inquiries/Questions concerning this request for proposal should be made before 4:00 p.m., PST, on Monday. June 20. 2022.
If the Proposer is in doubt as to the meaning or finds discrepancies and/or omissions from any part of the RFP and Agreement Documents, the Proposer must submit a written request for clarification via email to ilampman(a�placentia.orq.
All questions regarding this project shall be submitted electronically via email up to the Question and Answer (QA) deadline. It is the responsibility of the Proposers to check the website regularly for information updates, clarifications, and addenda. At the Agency's discretion, Proposers requests for clarifications may or may not be responded to.
All revisions of the RFP by the City will be made in writing and will be posted on the city's website in accordance with the procurement schedule. Proposers shall electronically 41 Page
acknowledge receipt of all addenda at time of submittal and all addenda so issued shall become part of the RFP and the effects of all Addenda shall be considered in the proposal.
B. Submission of Proposals
Proposals must be received no later than 4:00 p.m., PST, Tuesday, July 5, 2022.
Proposals shall be received in electronic format EXCLUSIVELY via email to ilampman(aJplacentia.orq and are due by the date, and time shown on this solicitation.
Files to be submitted accordingly:
• Response File: Upload proposal with no cost attached. • Cost File: Cost proposal is to be attached as a separate file and not incorporated into the response file.
The following instructions describe the form in which proposals must be presented.
Proposal documents must be prepared simply, economically, and provide a straightforward, concise response to the requirements of the RFP. Completeness and clarity of content must be emphasized. The requirements stated do not preclude proposers from furnishing additional reports, functions, and costs as deemed appropriate.
C. Proposal Content Format
Should contain no more than twenty (20) pages, including exhibits and resumes, single - sided, single column, portrait layout, 1" side margins and 1/2" top and bottom margins, font size no less than 12 pt., and single or double spaced. • RFP Addenda. Proposers shall check the website for addenda prior to proposing and shall be required to electronically acknowledge receipt of all addenda at time of proposal submittal. If addenda are issued, an acknowledgement form will be posted on the website.
1. Transmittal Letter
The proposal transmittal letter shall be addressed to the Purchasing Officer for the City of Placentia and shall contain the following:
• Name of individual, partnership, company, or corporation submitting proposal. • Statement that indicates an understanding of the scope of work as presented in this specification and confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.
• Team organization including an organization diagram and time commitment shall be submitted showing all key team members and illustrating the relationship between the City, the manager, and key staff. • Signature(s) of representative(s) legally authorized to bind the proposer.
2. Company Experience
• Provide a description of your company's experiences (including sub - consultants' experience if applicable) in performing similar work, addressing the elements listed above.
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3. Key Personnel/Past Performance
• Identify and describe the relevant experience and qualifications of the pertinent individuals who would serve as key personnel for various City of Placentia projects.
• Identify other staff members and/or sub -consultants that would contribute to the project, and their relevant experience.
• Identify availability of key personnel to work on each task described in "General Scope of Work".
• Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel. • The office location from which the consultant(s) shall operate.
4. Approach and Schedule
• Discuss your company's ability to provide desired services, addressing all the elements listed under "General Scope of Work" including the general strategy for UUT and economic analysis, as well as the strategy for business license auditing if different.
• Describe how your company would ensure City requests are completed in a timely manner.
• Describe the role of City staff and City records as it relates to your efforts. • Identify what sources of information will be needed and the means with which they will be acquired.
5. Understanding of Project Components
• Identify objectives/tasks that you feel are key to the success of the project; this may include items not already identified in this Request for Proposal.
References for protocols and methods are encouraged.
6. Quality Control
• Describe the standards and methods used by the company to assure useful quality deliverables of this nature to the client.
• Describe how your firm will address concerns or deficiencies in quality control and deliverables and give a specific example.
• Describe the reports and/or statements prepared by your firm for the client, provide samples if possible.
7. References
• Provide descriptions and references for five comparable projects that your company has previously performed, preferably in the Southern California area.
Include contact names, company/agency and telephone numbers for each. • Identify key personnel listed on this proposal who have work ed on the reference projects.
8. Cost / Fee (submit as a separate document, not attached to the Proposal/Response file)
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Compensation for services provided shall be based upon the Contractor's detailed fee proposal.
• Identification of all costs Consultant/Vendor will charge for performing the tasks necessary to accomplish the objectives of this RFP. The costs must break out all expenses expected to be billed to the City. Cost proposal shall include the estimated number of project work hours by each task/requirement, and the cost of each task/requirement. A list of hourly rates of proposed project team members shall also be included along with any other fees that may be applicable and billed. Cost is to be listed out for the term of the contract.
• The service contract will be for a period three (3) years with two (2) optional one (1) year extensions at the City's discretion.
V. GENERAL REQUIREMENTS
A. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from Negotiations.
VI. TENTATIVE SCHEDULE OF EVENTS
The following is the Schedule of events that the City plans to follow in conducting this solicitation:
Event Tentative Date
Issuance of RFP Tuesday, June 7, 2022
Clarification Questions Due by: Monday, June 20, 2022
Due Date for Proposals Tuesday, July 5, 2022
Interviews of Finalists, if applicable Week of July 18, 2022 Tentative Selection and City Council Award Tuesday, August 2, 2022 Begin Project Monday, August 15, 2022
VII. PROPOSAL EVALUATION, INTERVIEWS AND AWARD PROCESS
A. Evaluation Criteria
Award will be based upon a review and evaluation by a committee designated by the Purchasing Officer. Each proposal will be evaluated based on the following criteria but not limited to.
General approach and work plans to meet the requirements of the specified City objectives described in the RFP.
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Qualifications and experience of the project manager and other key individuals.
The contractor's /consultant's past performance on projects of similar size and scope.
Work Plan. Depth of proposer's understanding of City's requirements and overall quality of work plan and clarity. Understanding of compliance with all Federal, State and County regulations as they pertain to UUT and business license regulation. Description of project approach, online reporting tools if applicable, quality of firm's standard reports and statements.
Cost & Price. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted.
B. Interviews
If interviews are needed. A few days' notice will be sent via email to the proposer. An interview may not be required or needed to award a contract.
C. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP.
The committee is chaired by the Purchasing Officer, comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members' score for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City has established the week of July 18, 2022 as the date(s) to conduct interviews. All prospective Proposers are asked to keep these dates available.
No other interview dates will be provided, therefore, if a Proposer is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion.
The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm's proposal and qualifications.
At the conclusion of this interview process, the evaluation committee will provide a recommendation for award and the proposer being recommended will receive a notice of intent to award pending successful negotiations and contract preparation. Upon successful completion of this process, a recommendation will be made to the City Council, based on the contract, for their review and consent and unsuccessful firms will be notified.
D. Notification of Awards
The successful proposer will be required to execute a Contract agreement, See "Draft Contract", with the City, which is subject to formal approval by the Placentia City Council.
The proposer will also be required to purchase a City Business License annually during the duration of the contract.
ATTACHMENTS
1. Draft Contract
2. Exhibit A- UUT Rules
3. Exhibit B- Business License Informational Brochure
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PSA - Short Form Template
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this day of , 20_ ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and , a California ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide , as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, n
provisions of Sections 1090
this Agreement.
official or employee of City has a fins .-..,I '.,terest, within the 2 of the Calif)is Government Code, ' th subject matter of 4 1
NOW, THEREFO , for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 [name of consultant]
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Dollars ($ .00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable 3 [name of consultant]
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control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it ma be entitled at law, in equity or under this Agreement. J
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the 4 [name of consultant]
Rev. 08/2017
notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a)Broad-form commercial general liability, in a form at least as broad as O from #CG 00 01 04 13, including premises -operations, roducts/completed operations, broad form property damage, blanket ontractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 [name of consultant]
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Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endor$ement§, The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance 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.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or prop&, i.
6.0. GENERAL PROVISIONS
1 , 1
6.1. Entire Aareement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
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Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Tel:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714
Attn: Attn:
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this 8 [name of consultant]
Rev. 08/2017
Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or 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 the 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
9 [name of consultant]
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6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design 10 [name of consultant]
Rev. 08/2017
drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Riahts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not 11 [name of consultant]
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affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
\4P LE
A municipal corporation
City Administrator/Mayor
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
12 Date:
[name of consultant]
Rev. 08/2017
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Project Manager
DEPARTMENTAL APPROVAL:
Name, Title
13 Date:
Date:
Date:
Date:
[name of consultant]
Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
SAMPLE
14 [name of consultant]
Rev. 08/2017
Exhibit A
RESOLUTION NO. 97-R-113
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PLACENTIA ADOPTING UTILITY USERS
TAX ADMINISTRATIVE RULES.
WHEREAS, the City's Utility Users Tax Ordinance places a utility users tax on the use of certain utility services within the City; and
WHEREAS, the UUT tax is an important part of the City's tax revenues needed to provide vital municipal services such as police, fire, parks, recreation, and public works; and
WHEREAS, under the City's UUT Ordinance, the utility
service provider is required to impose and collect the UUT tax from its customers, and remit the tax to the City; and
WHEREAS, the cooperation of the collecting utility is
therefore critical to the implementation of the UUT ordinance; and WHEREAS, the City Council is desirous of achieving
uniformity in UUT application and UUT administration with the City's utility service providers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PLACENTIA DOES HEREBY RESOLVE AS FOLLOWS:
The Utility Users Tax Administrative Rules attached
hereto as Exhibit A are hereby adopted.
ATTEST:
PASSED AND ADOPTED THIS 18th DAY OF MARCH
id; lir/2
EDMUND M. PONCE, C TY CLERK
'J61
P ORMAN Z.
I, EDMUND M. PONCE, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Placentia held on the 18th day of MARCH , 1997, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: DOWNEY, MORENO, UNDERHILL, MAERTZWEILER, ECKENRODE COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
EDMUND M. PONCE, CITY CLERK
APPROVED AS TO FORM:
at,e 2? /1�r��
CAROL TANENBAUM, CITY ATTORNEY
EXHIBIT A
UTILITY USERS TAX ADMINISTRATIVE RULES
I. To assist utility service providers that perform the valuable public service of collecting the City's Utility Users Tax (UUT), City will assume the following responsibilities:
A. For existing taxes, and prior to the implementation of a new UUT tax, City will assure the accuracy of its
boundary information (including the reflection of the
latest annexation and municipal reorganizations) needed for utility billing and tax collection purposes, by
offering to review and correct the utility service
provider's computerized billing data no less than once a year. City will also make available, upon request by a
utility service provider, its current boundary
information. The utility service provider shall not be
responsible or liable fur the collection or payment of
any past UUT taxes that were not collected due to the
inaccuracy of information provided by the City or due to the City's failure to make appropriate corrections to
the utility service provider's billing data to the
extent that the City reviews such data at the request of the utility service provider.
Provide utility service providers with accurate and
timely ordinance information, including ordinance
amendments, at a central location (currently the
Municipal Resource Web site: http://www.mrc-usa.com) .
City will provide written notice of ordinance changes to persons designated by the utility service provider. In
the absence of special circumstances, the utility
service provider shall begin implementation of the UUT
tax change within sixty (60) days from the date on which the utility service provider receives the written
notification from the City. If the 60th day is not the
first day of a month, then the utility service provider shall implement the changes no later than the first
billing cycle of the month following the month in which the 60th day occurs. To "begin implementation" means to calculate and place the UUT tax in the customer billing.
C. As provided in Public Utilities Code Section 799, assume sole responsibility for defending any legal challenge
regarding the validity of the UUT ordinance, any part
thereof, or any collection thereunder, and shall defend and hold harmless any tax collecting agent named in such action for properly performing its legal obligations set out in the UUT ordinance.
D. Reimburse utility service providers for the reasonable costs associated with an extraordinary audit request
(including but not limited to modifications to existing billing software in order to respond to an audit
request).
Take reasonable steps to assure that all utility service providers, including new market entrants, are correctly applying and collecting the UUT tax.
F. To the extent feasible, permit utility service providers to follow the same payment and remittance protocol for
UUT collections that is generally employed by other
California public agencies, provided that such protocol 97 -R -L13
UUT Administrative Rules
is agreed to and reflected in these administrative rules by the Tax Adminiutrator. For example:
"The amount of tax collected in one month shall
be remitted by U.S. Mail, to the Tax
Administrator, and must be received by the Tax
Administrator on or before the 20th day of the
following month; or, at the option of the person
required to collect or remit the tax, such person
shall remit an estimated amount of tax measured
by the tax billed in the previous month or upon
the payment pattern of the customer(s) of the
service supplier, which must be received by the
Tax Administrator on or before the 20th day of
the following month."
UUT taxes may be remitted by electronic funds transfer
(EFT) in lieu of U.S. Mail, provided that such protocol is agreed to by the Tax Administrator. For example:
The utility will initiate an Automated
Clearinghouse (ACH) credit transfer on the due
date that will be received by the City's bank on
the following business day. The ACH will be in
CCP format to identify the type of payment being
made. A monthly written report of amounts
remitted, including amounts billed, write-offs,
unpaid liability, adjustments and net tax payable
will be provided by U.S. Mail.
G. Following the effective date of these administrative rules, the Tax Administrator shall notify the utility
service providers within the City that they may request that the Tax Administrator and City Attorney render a
determination of the application of the UUT tax to their various existing services. If such request is made
within ninety (90) days of the notice, then any
determination by the Tax Administrator and the City
Attorney shall apply prospectively. The Tax
Administrator shall give the utility service provider at least a sixty (60) day written notice following the
determination of tax application before implementation
of such changes shall be required. If the 60th day is
not the first day of a month, then the utility service
provider shall implement the changes on the first day of the month following the month in which the 60th day
occurs. To "begin implementation" means to calculate
and place the UUT tax in the customer billing The Tax
Administrator and City Attorney shall not be required to render a determination with prospective effect under
this subsection where a utility service provider fails
to apply the UUT tax at all, or fails to apply the tax
to a service that the utility service provider, in good faith, believes to be taxable. A utility service
provider's failure to apply the UUT tax to a service
shall not be deemed in good faith, for purposes of this subsection, if the service is predominantly viewed by
the utility service provider's industry as being subject to the UUT tax or, in the case of telecommunication
services, has been directly determined by the IRS within the past six months or more, to be subject to the
federal excise tax.
UUT Administrativ,_ Rules
H. Where new utility technologies are employed or new
utility services are being offered, a utility service
provider may request that the Tax Administrator and City Attorney render a determination of applicability within ninety (90)
technologies.
applicability, the Tax
prospective application of
technologies or services.
days of providing such
services
or
Upon rendering a determination of
Administrator shall seek
the UUT tax ordinance to such
The Tax Administrator shall
give the utility service provider at least a sixty (60) day written notice
shall be required.
of a month, then
before implementation of such changes
If the 60th day is not the first day
the utility service provider shall
implement the changes on the first day of the month
following the month in which the 60th day occurs. To
"begin implementation" means to calculate and place the UUT tax in the customer billing.
Regarding Paragraphs G. and H. above, the Tax
Administrator and City Attorney agree to participate in an advisory committee, comprised of representatives of
public agencies with UUT ordinances, to develop and
recommend to such public agencies (after meeting and
conferring with utility representatives): uniform
applications of the UUT tax to various utility services and technologies; uniform implementation protocols; and appropriate amendments to UUT ordinances to reflect
industry, regulatory, and technological changes.
J. Tax Administrator and City Attorney shall take
reasonable steps to notify all service providers
providing similar services of any determination made
under paragraph G. or H.
II. The Tax Administrator has the right and obligation to assure fair and reasonable compliance with the UUT ordinance. Due to the complexity of utility services, technologies, and tax administration, the Tax Administrator may require special outside expertise to assist in performing compliance review of the UUT ordinance. Utility service providers have a
legitimate interest in assuring that such outside firms maintain the confidentiality of utility customer information and conduct their compliance reviews in a professional and efficient manner. The Tax Administrator's use of special outside expertise shall therefore be subject to the following rules:
A. The outside firm will provide, at the beginning of each and every audit engagement, a letter or resolution from the City to the service supplier that identifies the
outside firm as an authorized agent of the City.
B. The outside firm will execute a non -disclosure agreement (approved by the City Attorney) in which the outside
firm agrees to maintain the confidentiality of customer information and not to use individual customer
information for any purpose other than the UUT
compliance review of this City.
EXHIBIT A
97-R-113
WT Administrative Rules
C. The outside firm will not initiate contact with a
utility customer in the course of performing its
compliance activities, except with the prior written
consent of the utility service provider.
D. The outside firm shall fully disclose to the City any potential conflict of interest (e.g., prior or proposed representation of private utility customers within the
City).
E. The outside firm shall not make any data requests of a utility service provider except by a City issued
subpoena unless the outside firm first receives the
review and approval of the Tax Administrator prior to
the request being made to the utility service provider.
F. The outside firm is authorized to perform a compliance review (including sampling audits and computerized
reviews) which, in its professional opinion, is
reasonably necessary to perform its contractual
obligation to the City. If a utility service provider
refuses to cooperate in connection with such compliance review, the outside firm shall immediately advise the
Tax Administrator so that the Tax Administrator may take appropriate remedial steps.
G. The outside firm will use its best efforts to accurately identify all errors, whether such corrections are in
favor of the customer, the City, another public agency, or the utility service provider.
H. The Tax Administrator shall make available to the
utility service provider a copy of the draft compliance report prepared by the outside firm regarding such
utility service provider. The utility service provider
shall be afforded an opportunity (at least thirty (30)
days) to respond to any aspect of the draft report
before such report becomes final. The final report will identify and address all substantive written comments on the draft report submitted by the utility service
provider.
III. Dispute Resolution Process
A. If a utility disputes an application of these
administrative rules, an interpretation of the WT
ordinance, or any other action by the Tax Administrator (including its outside firm), the protesting utility may rcquest to the Tax Administrator that the matter be
submitted to non-binding arbitration within thirty (30) days. If the matter is not resolved within thirty (30)
days following the arbitration decision, the protesting utility may request that the matter be set for a de novo hearing before the City Council at the next available
City Council meeting.
Frequently Asked Questions:
What if I Don't Obtain a License?
Conducting business in the city without a
license can result in penalties, Notices of
Violation and Administrative Citations. It is a
misdemeanor to violate the City Business
License ordinance
Do I Need to Display My Business
License?
Yes, all business licenses must be posted in
public view at the fixed location of the business.
For those businesses without a fixed location,
the responsible party must carry the business
license with them while conducting business in
Placentia.
How Often Do I
Business licenses
courtesy notice is
due date. Howe
renewing your li
renewal notice is
received after the
charged for the fi
up to 5o%.
Administrative Cit
Need to Renew It?
are renewed annually. A
mailed a month before the
ver, you are responsible for
cense whether or not the
received. If the payment is
due date a 15% penalty is
fir month and 5% thereafter
Notices of Violation and
ations may also be issued.
I am Moving to a New Location in the
City.
Please notify the Planning Department of your
new address, phone number, and any other
changes to your business. After compliance
with any applicable city requirements, your
business license may be transferred to the new
location.
What if I am no
the City?
It is your respons
longer doing business in
ibility to notify us if you are
no longer doing busi
Y.
The City Council is
committed to keeping
Placentia a pleasant place by
providing a safe family
atmosphere, superior public
services and policies that
promote the highest
standards of community life.
Important Telephone Numbers
Administration
Building Department
Development Services
Finance Department
Police Department
714.993.8117
714.993.8127
714.993.8124
714.993.8237
714.993.8164
City Hall Hours: 7:30 am-6:oo pm
Monday to Thursday
401 East Chapman Avenue, Placentia, CA 92870
www.placentia.org
City of Placentia
Exhibit B
City of Placentia
All American City
How to Obtain a
Business
License in
Placentia
1 ABOUT BUSINESS LICENSE
The City of Placentia welcomes
new business enterprises and
values the businesses that have
made Placentia their home.
This information guide is intended to assist you
in operating your business in the city. It is not
all-inclusive and any specific questions should
be directed to the Business License Division at
(714) 993-8237. A City of Placentia business
license is not a regulatory license but is a tax to
help pay for the public safety needs of the people
of Placentia.
Who Needs a Business License?
The City of Placentia Municipal Code requires
any individual, sole proprietor, partnership,
corporation or entity that wishes to conduct
business within the City of Placentia must
secure a business license. Business Licenses are
not transferred between owners; however, they
may be transferred to a new location upon noti-
fication to Business License and approval by the
City Planning Division. A business license is
required including but are not limited to:
• Any business in a commercial or industril
location
• Persons who have a home office or use their
home as the headquarters of their business
• Independent contractors such as doctors,
real estate brokers, and hairdressers.
PLACENTIA
.4)FINANCE
DEPARTMENT
• Businesses, which are located outside the city, but
transact business in the city such as contractors,
cleaners, repair people, gardening
• Apartment owners renting 4 or more units
• Mobile Vendors who sell merchandise from their
vehicles, such as ice cream trucks
• Temporary businesses such as a one -day or
weekend event in the city, or a short-term seasonal
business
How Do I Obtain a Business License?
You can obtain an application from City Hall, or down-
load one from our website at www.nlacentia.org
Look under Finance Department then Business License.
Approval from Planning and/or Building
Divisions are required before a business license
can be issued.
How Much Does It Cost?
The business license cost is based on a flat tax plus
Administrative & State CASP fees for the first year and gross receipts thereafter.
• Retail or Service—Manufacturing/Wholesale
In City $68.00 Outside City $52
• Contractors:
Class A/B—In City $140.00
Class C/D—In City $95.00
• Profession: In City $95.00
Outside $124.0o
Outside $79.00
Outside $91.00
Some business licenses are calculated differently
(rentals, solicitors, vending machines, etc.) so please call (714) 993-8237 for fees.
What Other Things May I Need?
Building and Zoning required by the Planning
Division for businesses in a commercial or industrial
location.
Condition Use Permit required by the Planning
Division for some businesses such as live entertain-
ment, dance schools, internet cafes, or alcohol sales.
Fictitious Name (dba) must be filed if you choose a
business name that does not include your own last
name. Contact the County Clerk's office at (714) 834
-2500, go online at httn:// www.oc.ca.gov/recorder .
Seller's Permit (Resale #) required by the State
Board of Equalization if you sell merchandise. Call
(949) 440-3473 or visit www.boe.ca.gov .
Health Permit required for food handling, perma-
nent make-up, tattooing or body piercing. Contact
O.C. Environmental Health at (714) 575-240o.
Federal Tax ID # required if you have employees,
are incorporated, or have a registered partnership.
Call (844) 545-5640 or visit www.irs.gov .
Worker's Compensation Insurance required if
you have employees. Contact your local insurance
agent, state fund or visit www.dir.ca.gov/
works' comn.html.
Liquor License required by the State Dept. of
Alcoholic Beverage Control if you sell or serve
alcohol. Contact (714) 558-4101 or visit
www.abc.ca.gov .
Special Permits required by the Police Dept. for
certain types of business activities. Some examples
are firearm dealers, pawnbrokers, psychic reading,
soliciting, etc. Call (714) 993-8124.