HomeMy WebLinkAboutContracts & Agreements_227-2013_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 into this fifteenth day of November, 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
1.1 City hereby engages Consultant to provide professional services relating to Ordinance 1900—
Special Tax for Emergency Paramedic Service (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 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.
2.2 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
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Tina Kundig, Finance Director,as City's representative with respect to
performance 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 Services in a prompt and diligent manner.The
Services shall commence on the effective date of this Agreement and be completed by
December 4.2013.
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 Nine Hundred Eighty Dollars ($980.00). 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 performed, 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 be given in writing by personal delivery or by mail.Notices sent by mail
should be addressed as follows:
City Consultant
Tina Kundig,Director Nichole Cone, Vice President
Finance 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(30) days prior written notice to
City.
6.2 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.
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 of any 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-
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 all 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. 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 five (5) days 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 its provision 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, 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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in
confirmation of this Agreement.
CITY OF REDLANDS HdL Coren & Cone
By: By:
Tina T. Kundig, Finance Director Nichole Cone, Vice President
Attest:
Sam trwin,�'Ci ItyClerk
EXHIBIT "A"
SCOPE OF SERVICES
City has requested that Consultant assist them with an analysis of the existing Special Tax for
Emergency Paramedic Service (Ordinance 1900).
The services shall include but not be limited to the following:
• Perform an analysis of all City of Redlands parcels to determine the total revenue the existing
parcel tax should be generating based on the 2013/14 data and using Resolution 7305.
• The analysis will provide the number of parcels per use code type or commercial and
industrial square footage range as described on Resolution 7305 and the associated revenue
per use code type.
• Provide City a listing of all commercial and industrial parcels without square footage
information.
'
EXHIBIT "B"
RATESCHEDULE
Fees for Services shall bebilled atthe following hourly rates:
Partner $22Sper hour
Principal $195per hour
Associate $15Oper hour
Programmer Sl5Oper hour
Senior Analyst $lOOper hour
Analyst $ G5 per hour
Administrative $ 45 per hour
EXHIBIT "C"
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
By: iih&
Paula Cone,P11(4vesident Dat