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HomeMy WebLinkAbout1987-08-18; Housing & Redevelopment Commission; Resolution 90/I e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ll RESOLUTION NO. 090 A RESOLUTION OF THE HOUSING AND REDEVELOPmNT COMM: OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING TI RETENTION OF HATZ-HOLLIS AS FISCAL CONSULTANT FOR ' CITY'S REDEVELOPMENT AGENCY AND APPROPRIATION OF E WHEREAS, the City of Carlsbad Housing and Redevelo] Commission desires to retain a Fiscal Consultant for th, City's Redevelopment Agency: and WHEREAS, proposals have been solicited from severa firms ; and WHEREAS, the firm of Hatz-Hollis, has submitted a proposal for the provision of services, which is on fil the Redevelopment Office. NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Commission of the City of Carlsbad, Calif that: 13 The above referenced facts are true and correct, a 21 That the Housing and Redevelopment Commission here authorizes the retention of Hatz-Hollis, as Fiscal Consultant for the Redevelopment Agency. 31 That the Housing and Redevelopment Commission of t City of Carlsbad hereby authorizes the Mayor/Chair to execute agreement, attached hereto and made a E hereof. 43 That the Housing and Redevelopment Commission here requests that the Finance Director appropriate fur the amount of $15,500 from the Agency fund balance the purpose of retaining said Fiscal Consultant. 51 That the Housing and Redevelopment Commission agre that funds will be reimbursed from the sale of tak allocation bonds by year end. 61 That the Housing and Redevelopment Commission here agrees that in the event tax allocation bonds are sold by year end the agency will request a loan fr , I General Fund to cover costs. I ///I //// I/ 0 a 1 2 3 4 5 PASSED, APPROVED AND ADOPTED, at a regular meeting the Housing and Redevelopment Commission of the City of Carlsbad, held on the 18th day of August, 1987, by the following vote, to wit: AYES: Commissioners Lewis, Pettine, Mamaux and Larson 6 /I NOES : None 7 8 9 ABSTAIN: None n) ABSENT: Commissioner Kulchin 10 ATTEST: Zk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 AIk*m4EC"krlC (SEAL) //// //// //// //// 26 I1 27 28 1 0 0 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENTl made and entered into as of the of day ,19-, by and between the CITY OF CARLSBAD, Housing and Redevelopment Commission, hereinafter referred t as "City", and KATZ, HOLLIS, COREN AND ASSOCIATES, hereinafter referred to as ffCONSULTANTff. RECITALS City requires the services of CONSULTANT to provide technica tax allocation bond issue: and advice and assistance in connection with the issuance of a Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agrec as follows: 1. CONSULTANT ' S OBLIGATIONS The Consultant shall perfom all of the necessary services a specified in detail in Exhibit *IAII Scope of Services (Basic Services). 2. ADDITIONAL SERVICES/CONSULTANT'S OBLIGATIONS Should services be requested by the City beyond the Scope of Basic Services outlined in Exhibit IIA", the Consultant, upon city authorization, shall confer with and advise the City on matters relating to the bonds or to other financial and fiscal management aspects of the City's programs. Such Additional Services would include but not be limited to: A. REVIEW AND COMMENT Review of offering documents and City resolutions pertaininc to the sale of bonds for the Project. The primary component of this service is the verification of compatibility betweer the provisions contained in that resolution of issuance and the amounts and timing of revenue receipts for the redevelopment area. 0 0 B. RATING CITY AND INSURER PRESENTATIONS Attendance at meetings with and presentations to bond ratinc agencies and bond insurance companies related to issuance. The Consultant my be required to provide for a presentation to City Council/Housing and Redevelopment Commission. 3. CITY OBLIGATIONS The City shall provide the consultant with assistance, any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder, which are reasonably available to the City. The City shall additionally provide consultant appropriate staff assistance and shall take prompt and appropriate actic when it will assist insuring proper and timely performance c services by the Consultant hereunder. 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 within the time frame determined appropriate by CONSULTANT and Housing and Redevelopment Director, Extensions of time may be granted if required by the Consultant and agreed to in writing by the Housing and Redevelopment Director. In consideration of such requests, the Housing and Redevelopment Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 5. COMPENSATION AND METHOD OF PAYMENT A. ComDensation The compensation to be paid to the Consultant for the Basic Services provided hereunder shall be the sum of Fifteen Thousand Five Hundred Dollars (%=$15,500), excluding out-of- pocket expenses. 2 0 e For Additional Services provided hereunder, if any, the Agency shall compensate the Consultant in accordance with t: following schedule: Principals $100 per hour Senior Associates $ 85 per hour Associates $ 70 per hour Senior Analyst $ 55 per hour Analysts $ 45 per hour Secrekarial/Administrative $ 30 per hour The City will compensate the Consultant for out-of-pocket expenses incurred by the Consultant in connection with services performed hereunder in accordance with the followi: schedule: Incurred Expenses - by an amount equal to actual incurred expenses. Automobile Mileage - At the rate of $0.20 per mile. Photocopies - At the rate of $0.10 per page for each document copy in excess of five (5) document copies. IIIncurred Expenses" include, but are not limited to, calls; commercial reproduction; assessment map and roll acquisition or reproduction; shipping and messenger service: and other similar expenses. Incurred expenses do not incluc normal overhead expenses. authorized travel by common carrier; long distance telephonc B. METHOD OF PAYMENT Within thirty (30) days after submission to the City of the Projection (Item D of Exhibit I1A1l of this Agreement) , the Consultant shall submit an invoice to the City for the amour of $7,500 (progress payment) plus the amount of out-of-pockt expenses incurred. Within thirty (30) days after submission to the City of the Fiscal Consultant's Report (Item E of Exhibit I1A1' of this Agreement), the Consultant shall submit an invoice to the City for the balance of the fee (final payment) plus the amount of out-of-pocket expenses incurred, Should Additional Services be requested and performed, the Consultant shall submit an invoice for such services plus tl amount of out-of-pocket expenses incurred to the City withir thirty (30) days after the end of the month in which such services were rendered. 3 e Payment of invoices will be made after acceptance and approval by the City within thirty (30) days of receipt of such invoices. City's approval of invoices shall not be unreasonably withheld. A charge of 1% per month will be added to all past due accounts. 6. TERM OF AGREEMENT The term of this Agreement shall run for six (6) months fro, the date hereof, unless extended in writing by the parties hereto. 7. NOTICES Notices to the parties, unless otherwise requested in writing, shall be sent to the Housing and Redevelopment Department of the City of Carlsbad, 2965 Roosevelt Street, at 550 South Hill Street, Suite 980, Los Angeles, Californii Suite B, Carlsbad, California, 92008, and to the Consultant 90013-2410. 8. CHANGES IN WORK If, in the course of this contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant 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 Cil or Consultant to inform them of the propose changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, approved by the City Council or City Manager, as apprOpriat< Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall I ordered by the Housing and Redevelopment Director who will inform a principal of the Consultant's firm of the necessit! of such action and follow up with a supplemental agreement covering such work. supplemental agreement shall be prepared by the City and 4 0 0 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide employee working for the Consultant, to solicit or secure this agreement, and that consultant has not paid or agreed . pay any company or person, other than a bonafide employee, any fee, commission, percentage, brokerage fee, gift, or an: other consideration contingent upon, or resulting from, the award or making 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 deduc from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentagc brokerage fee, gift or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Housing and Redevelopment Director. The Housing and Redevelopment Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant 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 Counci1,or City Manager, as appropriate, the Council/City Manager shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or. interpretation not 5 e 0 otherwise settled by agreement, between parties. Such questions, if they become identified as part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of t: Consultant or the Housing and Redevelopment Director. A co: of such documented dispute shall be forwarded to both partil involved along with recommended methods of resolution which would be benefit to both parties. The Housing and Redevelopment Director shall reply to the letter along with a recommended method of resolution within ten (10) days. I the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council or City Manager for their resolution through the Office of the City Manager. The Cit Council or City Manager, as appropriate, may then opt to consider the directed solution to the problem. In such cases, the action of the City Council or City Manager, as appropriate, shall be binding upon the parties involved, although nothing in this procedure shall prohibit the partit seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of completion of Technical Advice and Assistance in the Issuanc of Tax Allocation Bonds and any payments made to Consultant are compensation solely for such services. Consultant shal: certify as to the correctness of all documents. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other part] In the event of such suspension or termination, upon requesl of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations, 6 m 0 15. STATUS OF THE CONSULTANT The Consultant shall perform the sewices provided €or here, in Consultant's own way as an independent contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with tl City as provided for in the request for proposal. 16. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause reports/documents and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved reports/documents to any other agencies. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, (excluding computer programs) 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 t the City. Consultant shall have the right to make one (1) copy of the reports/documents for his/her records. Any computer program developed or implemented by the Consultant for the City during the course of this Agreement, or jointly by the Consultant and the City, shall be the exclusive property of the Consultant. 18. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or 7 e resulting from, any act or omission of Consultant or consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claim: of any kind and any cost and expense that is incurred by tht City on account of any of the foregoing liabilities includir liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. consultant ' s agents I employees or representatives e 19. ASSIGN" OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be Performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly Or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons dir@ctly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor Of Consultant and the City. The Consult-1 shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless Specifically noted to the contrary in the subcontract in question approved in writing by the city. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity ( behalf of the City to negotiate, make, accept, or approve, ( take part in negotiating, making, accepting, or approving 01 any architectural, engineering inspection, ConstrUCtiOn Or material supply contractor, or any subcontractor in connection with the construction of the project, shall becor directly or indirectly interested personally in this contrac or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to 8 e 1) exercise any executive, supervisory, or other similar functions in connection with the performance of this contrac shall become directly or indirectly interested personally il this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after tht execution of this contract, shall affect or modify any of tl terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, Hold Harmless Agreement, all terms, conditions, and provisions hereof shal insure to and shall bind each of the parties hereto, and eac of their respective heirs, executors, administrators, successors and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 9 16 a IN WITNESS WHEREOF, we have hereunto set our hands and seal: C,ITY OF CARLSBAD:, ,/ / 1’ 21 // // ,~.. i I’ .I BY ; ,I J&-; ,’., )/’I /: / ’, , , 7 Chairperson L Title APPROVED As TO FORM: n ATTESTED: 1) c&.-efz f? &a@?- 8-m.E Y. a&&L i4 R” Assistant City Attorney City Clerk 10 e e Exhibit "A" ...... Scope ........- of Services .................................................... (Basic Services) A. Assessed .................................... Value Determination ........."._. " -.- _"... -.... .......................... Examine and determine the accuracy of the secured taxable reported for the Project by the San Diego County Assessor for the tax year (to the extent available). B. .............................. Allocation - ._ ................................. Systems - .......... - ..- ....... and - Procedures ............................. .__ ..................... .__. ....... Review and analysis of the San Diego County system and proc for the allocation of tax increment and eupplemental revenues genera the Project, including an examination of the Agency's receipt of tax re C. ~ Tax ....._. ........................................... Increment -. .......................... Revenue -. Projection ............... -. . -. .................................................. Prepare a ten-year projection (the "Projection") showing t increment revenues estimated to be annually allocated to the Agency f Project. Projection to include estimates of assessed values of develo identified by the Agency as completed or under construction but not the assessment rolls or as proposed and pending, and shall also reflec acquisition and disposition schedules estimated by the Agency in conr with the proposed and pending developments. D. ............ Report of Fiscal Consultant ................................................................................. "... Prepare Fiscal Consultant'e Report for the Project to include 1 increment Projection together with an analysis of recently enacte pending legislation, or constitutional amendment proposals which may the flow of tax increment revenues through changes to the assesam. tax levy laws or administrative procedures. E. .._"..I Meeting -...-..-... . Attendance at the Agencyjs request at one "All Rands" meet Agency staff, consultants and bond counsel.