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HomeMy WebLinkAbout2000-07-25; City Council; 15840; Business License Consulting Services ContractI , : CITY OF CARLSBAD - AGEN;Dfi BILL AB# - T’TLE: AGREEMENT FOR BUSINESS LICENSE DEPTH . MTG. 07/25/00 CONSULTING SERVICES WITH MBIA yw% CITYATTY. l DEPT. FINANCE MUNISERVICES COMPANY/MRC (MMC) CITY MGRS RECOMMENDED ACTION: Adopt Resolution No. m-a49 authorizing Agreement for Business License consulting services with MBIA MuniServices Company/MRC (MMC). ITEM EXPLANATION: One of the goals, as set by the Carlsbad City Council, is to develop and implement proactive strategies to ensure the financial health of the Community and the City. One of the City’s many revenue sources is business license tax; a tax imposed upon persons engaged in certain businesses within the City limits. Staff recently began new programs to: 1. Educate the public as to the requirements of having a business license; 2. Actively pursue the licensing of all businesses in Carlsbad; and 3. Make it easier to calculate the amount due. In order to actively pursue the license of businesses, staff would like to use software to match our database of licensed businesses against a number of other databases. These would include the State of California resale permits, business white pages, the secured property tax roll and the Thomas Register. This available software is the Business Inventory Management System (BIMS), and it is offered through MBIA MuniServices Company/MRC (MMC). This software will allow the City to identify and follow-up on any potentially unlicensed businesses. The Business Inventory Management System (BIMS) will provide significant information to the City. BIMS creates and maintains a comprehensive and valid inventory of current businesses operating within the City’s boundaries. The inventory is created by extracting relevant business data from a large variety of data sources (telephone listings, property tax records, sales tax payments, the Thomas Register, etc.), including the City’s existing business license records. As part of the current sales tax contract that the City has with MMC, MMC also physically canvasses the City to capture firms that elude electronic data sources. The combined data is corrected, standardized, enhanced, and formatted into one file. Each quarter, the data will be updated and delivered to the City. The City’s business inventory will be placed on a personal computer and accessed by City staff to provide pertinent information about Carlsbad businesses. MMC will provide staff with training and ongoing software support. With the business license inventory provided by MMC, staff will be able to easily locate businesses requiring a City of Carlsbad business license, and be able to create additional management reports on City businesses. Information about firms conducting business in Carlsbad will be available for audit purposes. Accessing BIMS will provide information on closed businesses and ownership and address changes, which will allow cost savings on processing and postage. Preliminary estimates indicate that there could be up to 1,000 unlicensed businesses in the City of Carlsbad. Based on the average tax paid, if at least 228 of these 1,000 businesses are identified and brought into compliance with the ordinance during the five year contract period, the increase in business license revenue will exceed the cost of the software. Page 2 of Agenda Bill # 1~ ,8 %) For the past seven years, MMC (formerly Municipal Resource Consultants) has provided the City with sales tax audit and information services. Staff has found MMC to be very responsive and beneficial to the City. Their services to the City have been professionally handled, with advice, information, and other assistance provided in a timely and knowledgeable manner. Since MMC is currently performing sales tax audits for the City, and has the data available to incorporate into the BIMS software, it would not be cost effective for any other company to provide this service. Thus, staff is recommending that MMC be selected to provide the inventory of current businesses operating in Carlsbad. The purchasing officer has waived the requirement for solicitation of multiple proposals as allowed by Carlsbad Municipal Code chapter 3.28.150. FISCAL IMPACT: The annual cost to provide business license inventory services to the City is $36,000 for the first and second year of the contract, $18,000 in the third year, and $12,000 per year for the final two years. Fees shall be paid in quarterly installments upon the City’s receipt and successful implementation of the quarterly updates. The City may terminate the contract at any time with thirty (30) days notice. Funds are available in the Finance department budget for the first year of the contract. Continuation of the contract beyond one year would be subject to annual appropriation of funds by the City Council. EXHIBITS: 1. Resolution No. m approving agreement with MBIA MuniServices Company/ MRC (MMC). 2. Agreement with MBIA MuniServices Company/MRC (MMC). d AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MBIA MUNISERVICES COMPANY THIS AGREEMENT is made and entered into as of the 3rd day of Auqust , 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and MBIA MuniServices Company/MRC (MMC), a corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a business license management service Contractor to provide the necessary consulting services for preparation of business license inventory management and reports; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS The Contractor will provide a Business Inventory Management System (BIMS), under the program described in Exhibit “A” to this Agreement. Contractor will develop and maintain a computerized inventory of businesses operating in the City. 2. GRANT OF LICENSE Contractor grants to City, as part of and pursuant to, the terms and conditions of this Agreement, a license to use Contractor’s software, database, and other property described in Exhibit “A” (collectively “Property”) at the time, place and manner rev. 4124100 -I - 3 described in Exhibit “A.” The Property may only be used by the City for the purposes described in Exhibit “A,” and the City may not sublet, duplicate, modify, or transfer the Property without the written consent of Contractor. The license does not imply any ownership by the City of the Property and the City may not sell the Property or use the Property for the benefits of others. Upon termination of this agreement, the City will return the Property to Contractor and delete the BIMS software from all City computer systems. 3. CITY OBLIGATIONS The City shall provide a quarterly listing on electronic media of all businesses currently licensed with the City and access to staff time as needed. 4. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed after each calendar quarter. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Finance Director. The Finance Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 5. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $36,000 per year for the first two years of the contract, $18,000 in the third year, and $12,000 per year in years four and five, subject to the annual appropriation of funds by the City Council. No -2 - rev. 4/24/00 other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” 6. DURATION OF CONTRACT This agreement shall extend for a period of five (5) years from date thereof, subject to the provisions of Paragraph 11, “Termination of Contract” and annual appropriation of funds by the City Council. 7. PAYMENT OF FEES Quarterly payments will be made to the Contractor upon successful delivery and implementation of the business license inventory quarterly updates, at the City’s offices. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to rev. 4/24/00 -3 - 5 solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. TERMINATION OF CONTRACT In the event the Contractor, after being notified by the City and given thirty (30) days to cure, fails to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Finance Director. The Finance Director shall make a determination of fact based upon the documents delivered to City of the percentage of work that the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In addition, if, for any of the five (5) years rev. 4/24/00 -4 - covered by this agreement, the City Council elects not to appropriate funds for the agreement, the City shall notify the Contractor within five (5) business days of the City Council’s decision. In such instance, this agreement will terminate automatically at the end of the last fiscal year for which funds have been appropriated. In the event of voluntary or automatic termination of this agreement, and upon the request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. The Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the appropriate annual fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or -5 rev. 4/24/00 improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. & (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City rev. 4/24/00 -6 - -. which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFIDENTIALITY OF INFORMATION Any license information provided by CITY to CONTRACTOR under the Agreement may only be used by CONTRACTOR for the purpose of fulfilling CONTRACTOR’S obligations under this Agreement and may not be disclosed to any third party without the advance CITY’S written consent. Similarly, the CITY shall hold in confidence, using levels of effort consistent with its own policies applicable to its confidential information, and shall not disclose to any other party any Contractor Proprietary Information obtained by CITY in connection with this Agreement, unless CONTRACTOR consents to the disclosure in writing or the rev. 4/24/00 -7 - disclosure is required by law. In the event the CITY receives a third party demand for disclosure of Contractor Proprietary Information, the CITY will promptly notify CONTRACTOR of the demand and CONTRACTOR will defend, indemnify, and hold the CITY harmless against all claims, damages, costs of litigation, and attorney’s fees arising out of the demand. As used in this Paragraph, “Contractor Proprietary Information” means any information which relates to internal controls, computer, or data processing programs; data that has been modified by CONTRACTOR proprietary techniques resulting in standardized, specifically correlated, or integrated information; or business affairs and methods of operation or proposed methods of operation of CONTRACTOR, except information which is not obtained through this Agreement or which is in the public domain at the time of its disclosure. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of rev. 4124100 -8 - the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose.acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or rev. 4/24/00 -9 - similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 25. INSURANCE rev. 4/24/00 -10 - The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:V’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coverages and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. rev. 4/24/00 -11 - 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. -12 - rev. 4/24/00 26. RESPONSIBLE PARTIES The name of the persons receive written notice on behalf 1 who are authorized to give written notices or to of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Name Address For Contractor: Title Name Address 27. Architect/License Number: Architect/License Number: BUSINESS LICENSE Finance Director Lisa Hildabrand 1635 Faraday Avenue Carlsbad. California 92008 Risk Manager Monica Keller 714 Market Street, Third Floor Philadelphia, PA 19106 Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of this agreement supersede -13- rev.4/24/00 - subject matter hereof. In case of conflict, the terms of this agreement supersede Exhibit “A” and the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 26th day of July ,200o . CONTRACTOR: MBIA MuniServices Company/MRC (MMC) /+?Acc l%&HA/ C&O (print name/title) CITY OFA CARLSBAD, a municipal ATTEST: City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONAL 9 R. BALL, City Attorney -14 - rev. 4/24/00 - 0 * I l I 0 I l I a I l I l I l I 0 I l I l I 0 I l I 0 I l I l I l I a I l I l I 0 I 0 I l 1 ALL-PURPOSE ACKNOWLEDGMENT r e-e-0-e-e -e-e-e-e-e-e0 e-a-e- e-e-e -e 1 State of California ! l County of Fresno ss. I . On m\ti \o ,2rfl before me, STEPHANIE JOHNSTON 3 (DATE) personally appeared . v?%?b\d c , . c .@i\ 1 SIGNER(S) 0 personally known to me - OR- aploved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-they executed the same in h&&er/their authorized capacity(ies), and that by h+&rcz/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unautborized document. CAPAClTY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 9 INDIVIDUAL 9+ CORPORATE OFFICER -w+?QsmkX~ TITLE OR TYPE OF DOCUMENT cl cl cl cl cl TITLE(S) PAR-(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES --xJ\Q \\3 \ -Glkcc30 DA’Fi! OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTiTY(IES) OTHER L l -•-e-e-e-e-0 -e-e-e-e ee ee- e-e-e -e-e- I i I l I l I l I l I l I 0 I l I l I l I l I l I l I l I l I l I l I l I 0 I t 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. RESOLUTION NO. 2000-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AGREEMENT FOR BUSINESS LICENSE CONSULTING SERVICES WITH MBIA MUNISERVICES COMPANY/MRC (MMC) WHEREAS, a goal of the City Council is to develop and implement proactive strategies to ensure the financial health of the Community and the City; and WHEREAS, business license tax guidelines are outlined in City Council Ordinance 5.04; and WHEREAS, staff is making a concerted effort to minimize the number of unlicensed businesses in Carlsbad; and WHEREAS, MBIA MuniServices Company/MRC (MMC) developed a business license reporting system and information service which will provide data on City of Carlsbad businesses; and WHEREAS, staff believes our needs can best be met by the services offered by MBIA MuniServices Company/MRC (MMC); and WHERAS, Carlsbad Municipal Code chapter 3.28.150 states that the purchasing officer may waive the requirements for solicitation of multiple proposals if only one individual or firm can provide the professional service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Council authorizes the Mayor to execute the Agreement for Business License consulting services with MBIA MuniServices Company/MRC (MMC). 1 III 2 /JJ 3 III 4 5 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 25th day of JU~V ,2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, and Kulchin NOES: None 8 ABSENT: None 14 ATTEST: 15 15 16 16 17 17 18 18 19 19 20 20 I/ (SEAL) 21 ill Ill 22 I// 23 Ill 24 Ill 25 IIt 26 /Ii /II 27 /I/ 28 - EXHIBITA BUSINESS INVENTORY MANAGEMENT SERVICE MBIA MuniServices Company (MMC) proposes to provide to the City of Carlsbad (City) a Business Inventory Management Service (SIMS). The objectives, scope, procedures, system requirements, custom specifications, software license, timing support and compensation are set forth as follows: 1. OBJECTIVES MM3 BIM!S is designed to assist the City achieve the following objectives: 0 Build and Maintain an Accurate Business Inventory 0 Increase License Registration and Renewal Efficiency cl Improve Efficiency in Business License Audits 0 Increase Revenue through Greater Registration Compliance 2 SCOPE OF SERVICE MMC shall provide the City with a Business Inventory Management Service which includes: 0 Creation and maintenance of a comprehensive and valid inventory of the City’s businesses that is continuously updated 0 Quarterly progress reports to the City on the status of the business inventory which shall include the current business inventory cl License to use MMC’s proprietary business inventory management software 0 Ongoing software upgrades, training and support 3. PROCEDURES MMC responsibilities: cl Secure from the City on electronic media a current listing of all businesses registered with the City, and convert the data to a BIMSreadable format cl Develop and maintain a computerized inventory of businesses operating in the City by: 0 Preparing an aggregated list of business entities on electronic media; this list is derived from multiple private and public hard copy and electronic sources, including specialized business listings and directories, and the City’s business tax and other confidential revenue payment files 0 Cleaning and standardizing, in address-order, each entity’s business name, address, and payment file information to eliminate redundancies 0 Provide quarterly data cleaning, standardization and multiple source integration using MMC’s proprietary software for compliance and enforcement 0 Install the BIMS software, provide ongoing software upgrades, training and support City staff responsibilities: cl Establish a record for each registered business; a Each quarter provide MMC with a current listing of all businesses registered with the City on electronic media; 4. SYSTEM REQUIREMENTS The BIMS software component requires the following hardware: 0 Any 486 based IBM or compatible PC with 4 MB RAM 0 Hard disk with a minimum free space of 1 MB per 1,000 licenses 0 3.5” disk drive (1.44 MB) 0 SVGA or VGA monitor 0 Parallel (Centronics compatible) printer interface 0 Any Centronics-compatible parallel printer 0 Modem (min. 14.4 baud rate 28.8 preferred) and dedicated telephone line Software required includes: 0 MS or PC DO!3 version 5.0 or later 0 Communications software for the modem (PC Anywhere recommended) 0 Word processing software with mail merge capability, i.e., WordPerfect, Microsoft Word, etc. for optional business license administration service Should the City desire, MMC will assist in evaluating and procuring the necessary hardware and/or software. 5. SOFTWARE LICENSE, TIMING AND SUPPORT Within 60 working days of contract authorization and receipt of necessary information, MMC shall: 0 Install BIMS software on City hardware 0 Provide staff with up to 16 hours of training with easy-to-use operating manuals MMC shall also provide ongoing software and documentation upgrades, data up&es, and up to 12 hours of annual support onsite or remotely by telephone and/or modem on an as-needed basis. 6. COMPENSATION The total five (5) year fee payable for the services to be performed shall be $114,000. Payments will be made quarterly upon successful implementation of the updates, in the amount of $36,000 for the first and second years, the third year shall be $18,000, and years four and five shall be $12,000 each. 7. AUTHORIZATION EXECUTED as of this day CITY OF CARLSBAD MBIA MuniServices Company By: By: iL--L?. (?fJYuu Title: Date: Title: Date: Director of Client Services Mav 20,200O 4 - City of Carlsbad Records Management Department August 7,200O Monica Keller MBIA MuniService Company 714 Market St, Third Fl Philadelphia PA 19 106 Re: Agreement Dear Ms. Keller, The City of Carlsbad has approved the agreement for “consulting services for preparation of business license inventory management and reports.” A fully executed copy is enclosed for your records. If you have any questions, please feel free to contact the finance director, Lisa Hildabrand. Debra Doerfler Enclosure 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 CB