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HomeMy WebLinkAboutContracts & Agreements_39-2006_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES FOR THE DEVELOPMENT OF A STRATEGIC PLAN TO UPDATE THE CITY OF REDLANDS' SOCIO-ECONOMIC COST BENEFIT MODEL. This agreement for consulting services ("Agreement") is made and entered into this 21st day of February, 2006 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and David Taussig & Associates, Inc. ("Consultant") who 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 perform professional consulting services to prepare a strategic plan for a comprehensive update to the City's Socio-economic Cost Benefit Model (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 which Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including, but not limited to, the Americans with Disabilities Act and the Fair Employment and Housing Act. 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 will make provision for Consultant to enter upon City-owned property, as required by Consultant, to perform the Services. 3.3 City designates Jeff Shaxv, City's Community Development Director, as City's representative with respect to performance of the Services, and such person shall have Djm'kagree\David Taussig I the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner, and the Services shall be completed within seventy(70) days of the Effective Date of this Agreement. ARTICLE 5 - PAYMENT AND NOTICE 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount of Five Thousand Five Hundred Dollars ($5,500). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled "Fee Schedule." 5.2 Payments by City to Consultant shall be made within thirty(30) days after receipt and approval by City of Consultants's invoice, by warrant payable to Consultant. Invoices shall be sent on a monthly basis. 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: John Jaquess, Assistant Community Development Director City of Redlands Community Development Department PO Box 3005 Redlands, CA 92373 Consultant: Andrea Roess, Vice President David Taussig &Associates, Inc. 1301 Dove Street, Suite 600 Newport Beach, CA 92660 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 who notices and payments are to be given by giving notice pursuant to this section. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All 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 pursuant to this Agreement unless and until all 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. All L)jn',agree\David Taussig 2 insurance policies shall include a provision prohibiting cancellation of the policy except upon thirty(30) days prior written notice to City. 6.2 A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. B. Consultant expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Consultant for City by expressly waiving Consultant's immunity for injuries to Consultant's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the Parties. This waiver shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend 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 any act, omission or failure to act by Consultant, its officers, employees and agents in performing the Services. 6.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without the express written consent of City. In the event of mutual agreement between Parties to assign a portion of the Services, Consultant shall add the assignee as an additional insured and provide City with the insurance endorsements prior to the performance of any services by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement 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 the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work, Djm\agrce\David Taussig 3 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. Certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the services. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used on the project, hired and non- owned vehicles, and employee non-ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured and a certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the services. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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 in- house counsel of the Parties at rates prevailing in San Bernardino County, California. 7.2 Consultant shall not assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key person to perform the Services is Andrea Roess, Vice President. Consultant agrees that this key person shall be made available and assigned to perform the Services and that she shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, cost estimates, electronic data files, databases, and other documents developed by Consultant pursuant to this Agreement, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools and instrumentalities required to perform the Services. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any 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. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. Djn1\agree\,David Taussig 4 7.7 This Agreement may be terminated by City, in its sole discretion and without cause, by providing five (5) business days prior written notice to Consultant (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 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. 7.9 Upon receipt of a termination notice, Consultant shall immediately discontinue all services affected, 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 any 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 required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up until notice of termination. 7.10 Consultant shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for examination by City at the office of Consultant. 7.11 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. Any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 7.12 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 the City and Consultant have signed in confirmation of this Agreement. - NEXT PAGE FOR SIGNATURES - Djm\agree?David Taussig 5 CITY OF REDLANDS Attest Mayor's Signature pity 12 Jerk XJ -i—arrig6n, Mayor David Taussig & Associates, Inc. By: wu& qc�'w Andrea Roess, Vice President Djm*ree\Dal id Taussig; 6 Public Finance and Urban Economics 1301 Dove Street,Suite 600 Tel(949)955-1500 Newport Beach,CA 92660 Fax(949)955-1590 EXHIBIT A SCOPE OF WORK FISCAL IMPACT REPORT CONSULTING SERVICES THE CITY OF REDLANDS David Taussig and Associates, Inc. ("DTA") will update the fiscal impact analysis previously prepared for the City of Redlands ("City" or the "Client") by DTA. The fiscal impact analysis will be updated with current budget numbers and include separate revenue and cost factors for residential, industrial, retail and office land use types. This Scope of Work identifies the following tasks required to update the fiscal impact analysis used to evaluate specific projects ("Project") making application to the City. Task 1. Update Previous Fiscal Impact Analysis This task involves updating the current fiscal impact analysis with the current budget for fiscal year 2005-2006. DTA will input numbers from the City's current budget as well as confer with staff to discuss net cost figures used in the analysis. DTA will also update existing development and employment figures for the City. Task 2. Cost Assumption Analysis This task involves identifying cost factors for specific residential and non-residential land use types. In some cases, DTA will update or refine existing multipliers. DTA will employ the Per Unit Multiplier method for calculating relevant City costs. Task 3. Revenue Assumption Analysis DTA will analyze the revenue assumptions relating to residential and non-residential land use types. DTA will generally employ the Per Unit Multiplier for calculating applicable City revenues, such as sales taxes (direct and indirect), property taxes, transient occupancy taxes, and franchise fees. DTA will further analyze the budget to determine whether additional revenues from residential and non-residential uses should be included in the fiscal impact analysis. Task 4. Cost/Revenue Model The primary product of the fiscal analysis will be an integrated computer fiscal model. The model relates the City's recurring revenue and cost assumptions to the Project's land use parameters in order to determine the net fiscal impact of the Project. Task 5. Meetings This task involves attendance at one meeting with the City to present findings and respond to questions. It is understood that DTA may schedule additional informal meetings or conference calls with City to complete the tasks called for in the Scope of Work. City of Redlands Page A-2 Fiscall"n:pact Report Proposal January II,2006 EXHIBIT B FEE SCHEDULE FISCAL IMPACT REPORT CONSULTING SERVICES THE CITY9F REDLANDS The total fee to complete the Scope of Work shall be a fixed fee of$5,000 (excluding expenses). This represents a maximum amount not to be exceeded, subject to the limitations identified below, unless otherwise agreed by Client. In addition to the above maximum fees for services, Client shall reimburse DTA for travel, duplication, facsimile, Courier, long-distance telephone and other out-of-pocket expenses not to exceed $500. Da vid Taussig& Associates, Inc. Fisc:alfmnart Analysis Fee Schedule $200/Hour ��;_Vice 7- Senior Vice President $190/Hour Vice President $190/Hour $170/Hour Manager ik Sr. Associate $150/Hour Associate $130/Hour Sr. Analyst $120/Hour Analyst $115/Hour Research Assistant $ 90/Hour Payments shall be made by Client upon presentation of invoices by DTA providing details of services rendered and expenses incurred. Limitations This budget covers only those tasks outlined in the Scope of Work. Additional consulting services beyond those included in the Scope of Work ("Additional Work") may be provided for additional fees if it causes the budget maximum to be exceeded. For example, the following would be considered Additional Work: • Analysis of costs or revenues based on Case Study Method rather than Per Unit Multipliers. • Review of and responses to critiques of DTA's work product(s) from individuals, agencies, or companies other than from the City. • More than one formal meeting. • Preparation of a written report. Additional Work will be billed at the hourly rates listed above. City of Redlands Fiscal Impact Report Proposal Page B-I .January 11,2006