HomeMy WebLinkAboutContracts & Agreements_100-2013_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional services associated with property, tax
distribution analysis("Agreement") is made and entered in this 22nd day of May,2013
("Effective Date"), by and between the City of Redlands,a municipal corporation {`'City)'"and
HdL Coren&Cone(`'Consultant"). City and Consultant are sometimes individually referred to
herein as a"Party"and,together, as the"Parties." In consideration of the mutual promises
contained herein, City and Consultant agree as follows:
ARTICLE I — ENGAGEMENT OF CONSULTANT
Ll City hereby engages Consultant to provide professional services relating to property tax
distribution analysis for LAFCO 3171, a proposed detachment of property from the City
of Redlands(the"Services").
1.2 The Services shall be performed by Consultant in a professional manner,and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
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professional consultants in the industry providing like and similar types of Services.
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A,"entitled"Scope of Services,"which is attached hereto and incorporated herein by
reference.
2
Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
U City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Oscar Orci, City's Development Services Director, as City's
representative with respect to perfon-nance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Semlices in a prompt and diligent manner. The
Services shall commence on the effective date of this Agreement and be completed by
June 33, 2013.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form,and made available to the City,consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Three Thousand Dollars ($3,000). City shall pay Consultant on a time and
materials basis up to the not to exceed amount based upon the hourly rates shown in
Exhibit"B,"which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City upon completion of the Services which shall
include a brief description of the Services perfanned, and the dates the Services were
performed,the number of hours spent and by whom. City shall pay Consultant no later
than thirty(30)days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall he given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Citv Consultant
Oscar Orci, Director Paula Cone, President
Development Services Department HdL Coren& Cone
City of Redlands 1340 Valley Vista Drive,#200
P.O. Box 3005 Diamond Bar, CA 91765
Redlands,CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty(3)0)days prior
written notice to City.
6.12 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California,with an insurance carrier acceptable to City as
described in Exhibit"C,"entitled "Workers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
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6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars($1,000,000) per
occurrence and Two Million Dollars($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars($1,000,000) per occurrence, combined single limit bodily injury liability
and property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non-owned
vehicles,and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability,including
attorneys' fees,arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder,no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any City governmental decisions regarding approval of a
rate, rule or regulation,or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(iii) authoring City to enter into, modify or renew a contract:
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design,report, study or similar item;
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(vi) adopting, or granting City approval of policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests,Consultant shall complete and file a Fair Political Practices Commission Form
700, State of Economic Interests with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and
other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees
for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms,and conditions of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees,except as herein
set forth. Consultant shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have
been employed by City or engaged by City for the account of, or on behalf of City.
Consultant shall have no authority, express by City for the account of or on behalf of
City. Consultant shall have no authority, express or implied, to act on behalf of City in
any capacity whatsoever as an agent, nor shall Consultant have any authority,express or
implied, to bind City to any obligation.
8.4 Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City; provided, however this Agreement
may be terminated by City, in its sole discretion, by providing prior written notice to
Consultant(delivered by certified mail, return receipt requested)of City's intent to
terminate. If this Agreement is terminated by City, an adjustment to Consultant's
compensation shall be made, but(1)no amount shall be allowed for anticipated profit or
unperformed Services, and (2) any payment due Consultant at the time of termination
may be adjusted to the extent of any additional costs to City occasioned by any default
by Consultant. Upon receipt of a termination notice, Consultant shall immediately
discontinue itsp rovision of the Services and, within five (5)days of the date of the
termination notice, deliver or otherwise make available to City,copies(in both hard
copy and electronic form,where applicable)of project related data,design calculations,
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drawings, specifications, reports, estimates, summaries and such other information and
materials as may have been accumulated by Consultant in performing the Services.
Consultant shall be compensated on a pro-rata basis for Services completed up to the
date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three(3)
years,or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable
times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and any prior negotiations, written proposals or verbal agreements relating to
such matters are superseded by this Agreement. Except as otherwise provided for herein,
an amendment to this Agreement shall be in writing, approved by City and signed by
City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
I-N WITNESS VMEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS HdL Coren & Cone
Tina T. Kundig,Finance Dor Paula Con- resident
Attest:
A
Sam Irwin. Ci . Clerk
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EXHIBIT "Aff
SCOPE OF SERVICES
LAFCO 3171 is a request by Treh Partners to detach their 13.26 acres(APNs: 0292-072-07 &
12)from the City of Redlands. This property is located on the north side of San Bernardino
Avenue,west of the 210 Freeway. Treh Partners is assembling this property with three adjacent
parcels in the Donut Hole (APNs: 0292-072-04, 10& 11)to consider a total of 36.86 acres in
order to develop an 800,000 square foot warehouse in the County.
The City has received a property tax summary report from Treh Partners, as well as a distribution
of property tax with this boundary change from LAFCO that was prepared by the County
Auditor-Controller pursuant to the State Revenue and Taxation Code 99(b) 1-3.
The Consultants Services are to provide an expert analysis of the report prepared by Treh
Partners and a review of the property tax distribution from LAFCO to ensure that the City has a
good understanding of the fiscal impacts of this unique situation, and that the property tax
distribution is complete and accurate in order to have a good foundation to negotiate with the
County. The scope of work may include but not be limited to the following:
• Review of proposed detachment to calculate and validate the impact relative to revenue
loss to the City of Redlands as a result of the detachment of properties owned by TREH
from the City of Redlands .
• Estimate the impact, if any, on Redlands Successor Agency pass through, residual
revenue and administrative allowance resulting from detachment of these parcel.
• Review and comment on proposed agreements, reports and LAFCO documents
connected with the proposed detachment.
A-1
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EXHIBIT "B"
RATE SCHEDULE
Fees for Services shall be billed at the following hourly rates:
Partner $225 per hour
Principal $195 per hour
Associate $150 per hour
Programmer $150 per hour
Senior Analyst $100 per hour
Analyst $ 65 per hour
Administrative $45 per hour
B-1
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EXHIBIT 4(Cl)
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code.. and I will comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code §1861).
CONSULTANT
Bv: k11014.
Paula Con resident Date:
C-1
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