HomeMy WebLinkAboutA45-04AGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on July 1, 2004 by an d
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and DAVI D
TAUSSIG & ASSOCIATES, hereinafter referred to as Special Tax Consultant .
WITNESSETH:
WHEREAS, on May, 11, 2004, City requested proposals for special tax consultant services to assist i n
financing the construction of Prado Road freeway interchange improvements per Specification No . 90471-B ; an d
WHEREAS, pursuant to said request, Special Tax Consultant submitted a proposal that was accepted b y
City for said services .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows :
1.
TERM . The term of this Agreement shall be from the date this Agreement is made and entered ,
as first written above, until acceptance or completion of said services .
2.
INCORPORATION BY REFERENCE .City Specification No . 90471-B and Special Ta x
Consultant's proposal dated June 2, 2004 are hereby incorporated in and made a part of this Agreement .
3.CITY'S OBLIGATIONS . For providing services as specified in this Agreement, City will pay
and Special Tax Consultant shall receive therefor compensation in an amount not to exceed $23,500 . N o
compensation will be earned by the Special Tax Consultant until the City issues a notice to proceed pursuant t o
Section 4 of this Agreement .
4.SPECIAL TAX CONSULTANT'S OBLIGATIONS .For and in consideration of the payment s
and agreements hereinbefore mentioned to be made and performed by City, Special Tax Consultant agrees with Cit y
to do everything required by this Agreement and the said specifications . Services under this Agreement will no t
begin until the City issues a notice to proceed to the Special Tax Consultant . If the City does not issue this notice
within 90 days after the date of this Agreement, then the Agreement will be terminated (unless an extension i s
mutually agreed to by the parties through an amendment to the Agreement); and no compensation will be due to th e
Special Tax Consultant in accordance with Section 3 of this Agreement .
5.SPECIAL TAX CONSULTANT'S OWNERSHIP OF COMPUTER FINANCIAL
MODELS . Notwithstanding Paragraph 6 of the Special Terms and Conditions of City Specification No . 90471-B,
all computer financial models, including without limitation complilations of formulas and spreadsheet models use d
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or developed by the Special Tax Consultant in performing its work, are proprietar y
and shall remain property owned solely by the Special Tax Consultant .
6.
AMENDMENTS. Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Administrative Officer .
7.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No oral
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be o f
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the partie s
hereto .
8.
NOTICE. All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows:
City
City Clerk
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Special Tax Consultant
David Taussi g
David Taussig & Associate s
1301 Dove Street, Suite 60 0
Newport Beach, CA 9266 0
9.AUTHORITY TO EXECUTE AGREEMENT .Both City and Special Tax Consultant d o
covenant that each individual executing this agreement on behalf of each party is a person duly authorized an d
empowered to execute Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written.
ATTEST:
CITY OF SAN LUIS OBISP O
By : WAAArk,,((
frCity Administi ve Office r
APPROVED AS TO FORM :
SPECIAL TAX CONSULTAN T
By :