050508 Amend to Consulting Serv Agmt Tassa Group

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SCOPE OF WORK The City had distributed a Request for Proposals (RFP) to ten consultant firms and Tassa Consulting Group, LLC ( Tassa) was the most qualified and experienced consultant. Agency shall provide the City with an amount not to exceed $30,000.00 to be applied towards the agreement with Tassa to perform all additional tasks that are necessary to receive final designation including, but not limited to: meeting the conditions outlined in the letter from HCD to receive final designation, negotiating and finalizing a Memorandum of Understanding between the City of Santa Ana and HCD, assist with the approval by HCD of a Targeted Employment Area (TEA) for Santa Ana, assist with expanding the Santa Ana Enterprise Zone to recapture areas of the city that were in the previous Enterprise Zone but did not qualify for the new Enterprise Zone, compiling requisite information, data and studies, preparing tables and maps; drafting and editing various narrative sections; and attending meetings and public hearings as requested. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City an amount not to exceed $30,000.00 to be applied to the total compensation for Tassa Consulting Group, LLC to perform all services pertaining to the completion of the application for Santa Ana to be designated as an Enterprise Zone. From the time the City incurs the cost of any particular work subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due to the City for such improvement work shall bear interest at the rate of the average City return on investment, as the same may change from time to time. Except as may be otherwise provided (1) by separate agreement between the City and the Agency, or (2) by budget appropriations or appropriation adjustments approved by the City and the Agency, the amount to be paid by the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by the City. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above - stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. 6 -42