HomeMy WebLinkAbout1975-15 CRA
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10-21-75
RESOLUTION NO. 75-15
A RESOLUTION OF THE COMMUNITY REDEVELOP~ŒNT
AGENCY OF THE CITY OF SANTA ANA APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT FOR
FINANCIAL CONSULTANT SERVICES WITH JOHN F. GRAY
BE IT RESOLVED, that the Community Redevelopment Agency
of the City of Santa Ana hereby approves the agreement for Financial
Consultant Services with John F. Gray, which agreement is attached
hereto and referred to as Exhibit "A," and authorizes the chairman
of the Agency to execute said agreement on behalf of the Agency.
PASSED AND ADOPTED by the Community Redevelopment Agency
of the City of Santa Ana at its reøliar meeting held
on the 12th day of March , 1975.
ATTEST:
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JO GARTHE, hairman
RICHARD ~~
Executive Director and
Recording Secretary
APPROVED AS TO LEGAL FORM:
~;g:
Legal Counsel
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AGREEMENT FOR
FINANCIAL CONSULTANT SERVICES
THIS AGREEMENT is entered into this '8th day of ()c,'tnh..T
1975, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA, hereinafter referred to as the "Local Public Agency," and JOHN
F. GRAY, hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, the Local Public Agency desires to undertake redevelop-
ment activities pursuant to the California Community Redevelopment
Law; and
WHEREAS, the Local Public Agency will undertake activities neces-
sary for the planning and execution of redevelopment projects; and
WHEREAS, the Local Public Agency desires to engage the Contrac-
tor to render certain technical advice and assistance on financial
matters in connection with such undertakings of the Local Public
Agency;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services. The Contractor shall perform all the
necessary services provided under this Agreement in connection with
and respecting the undertakings of the Local Public Agency.
The Contractor, when requested in writing by the Local Pub-
lic Agency, and in a satisfactory and proper manner as determined
by the Local Public Agency, shall confer with and advise Local Pub-
lic Agency regarding financial and fiscal management aspects of the
Local Public Agency's plans and programs. Specific work orders detail-
ing the work to be performed will be approved by the City Manager
and issued by the Local Public Agency for services desired. As a
priority assignment, the Contractor will prepare an analysis of actual
and anticipated revenues and cash flow, a program to develop alterna-
tive funding plans including tax increment or other bonds, incremental
funding and a proposed repayment schedule of City loans.
EXH!BIT
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The Local Public Agency agrees to furnish the Contractor
books, records, plans, reports, studies, statistics, or other data
or information pertaining to the financial and fiscal transactions
of the Local Public Agency.
2. Time of Performance. The services of the Contractor shall
be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this agree-
ment.
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3. Compensation. The Local Public Agency shall pay the Con-
tractor for all services performed hereunder in accordance with
the following compensation schedule:
Contractor $40.00 per hour
Associate Consultants $30.00 per hour
. Analysts $15.00 per hour
Account Clerks $10.00 per hour
The hourly fee shall be adjusted annually based upon the
established contractor hourly fees at time of adjustment and sub-
ject to approval of the Agency.
Contractor shall be reimbursed for reasonable direct out-
of-pocket expenses incurred in connection with services performed
(reproduction, travel, lodging, means, and related expenses, long
distance telephone charges, etc.) on an "as billed" basis. Such
expenses shall be incurred only upon approval of Agency by its
Executive Director and shall be paid directly by Contractor.
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4. Method of payroent. Within ten (10) days after the first
of each calendar month, the Contractor shall submit a verified
statement containing a breakdown of services performed during the
preceding month, specifying the services performed by dates and
number of hours, itemization of travel, subsistence and other
expenses related thereto. Agency to reimburse on or about the
25th of the month. In no event shall the total compensation to
be paid hereunder exceed the sum of Ten-thousand-dollars ($10,000)
for all services required by the terms of this agreement.
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5. Right of Termination. This agreement may be
by either party on thirty (30) days written notice to
the effective date of cancellation being the 30th day
ten notice without further action by either party.
terminated
the other,
of said writ-
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6. Contractor's Liability. The Contractor shall be respon-
sible for all physical injuries to persons and for all physical
damage to property of the Agency or others caused by or resulting
from the negligence of itself, its employees, or its agents during
the progress of or connected with the rendition of services here-
under, and shall defend and hold harmless and indemnify the Agency,
the City of Santa Ana, and all officers and employees of both pub-
lic agencies from all costs and claims for physical damages or
injuries, however caused arising out of the Contractor's perfor-
mance of work under this Contract.
7. Correction of Work. The performance of services by the
Contractor shall not relieve the Contractor from any obligation
to correct any incomplete, inaccurate, or defective work at no
further cost to the Agency, when such inaccuracies are due to the
negligence of the Contractor provided such work has not been accepted
in writing by the Agency.
8. Equal Employment Opportunity. During the performance
of this Contract, the Contractor agrees as follows:
a) The Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex,
or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demo-
tion, or transfer; recruitment or recruitment of compensation;
and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Agency
setting forth the provisions of this non-discrimination clause.
b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor state
that all qualified applicants will receive consideration for employ-
ment without regard to race, color, religion or sex, or national
origin.
c) The Contractor will cause the foregoing provisions to
be inserted in all subcontracts for any work covered by this Con-
tract so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contract
or subcontracts for standard commercial supplies or raw materials.
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9. Employment of Residents. The Contractor is encouraged
by the Agency to employ qualified people, when available, from
the Project Area to assist in providing the services contracted
for in this Agreement.
10. Cost Records. In accordance with generally accepted
accounting principles, the Contractor shall maintain full and
complete records of the cost of services performed under this
Agreement. Such records shall be open to the inspection of the
City and Agency and its employees at all reasonable times.
11. Subcontracting. None of the services covered by this
Contract shall be subcontracted without the prior written consent
of the Agency. The Contractor shall be as fully responsible to
the Agency for the acts and omissions of his subcontractors, and
of persons either directly or indirectly employed by them, as he
is for the acts and omissions of persons directly employed by him.
The Contractor shall insert in each subcontract appropriate provi-
sions requiring compliance with the labor standards provisions
of this Contract.
12. Assignability. The Contractor shall not assign any inter-
est in this Contract, and shall not transfer any interest in the
same (whether by assignment or novation) without prior written
approval of the Agency; provided however, that claims for money
due or to become due the Contractor from the Agency under this
Contract may be assigned to a bank, trust company, or other finan-
cial institutions, or to a Trustee in Bankruptcy, without such
approval. Notice of any such assignment or transfer shall be fur-
nished promptly to the Agency.
13. Conflict of Interest. For the duration of this Contract,
the Contractor will not act as consultant or perform services of
any kind for any person or entity other than the Agency or the
City of Santa Ana in regard to the Project Area' without the prior
written consent of the Agency.
14. Non-Disclosure. The designs, plans, reports, investiga-
tions, materials and documents prepared or acquired by the Contrac-
tor pursuant to this Contract (including any duplicate copies kept
by the Contractor) shall not be shown to any other public or private
person or entity except as authorized in writing by the Agency.
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The Contractor shall not disclose to any other public or private
person or entity any information regarding the activities of the
Agency, except as authorized in writing by the Agency.
15. Ownership of Materials and Documents. Any and all sketches,
drawings, tracings, field survey notes, computations, detail and
other materials and documents prepared by the Contractor shall
be the property of the Agency from the moment of their preparation
and the Contractor shall deliver such materials and documents to
the Agency whenever requested to do so by the Agency. However,
the Contractor shall have the right to make duplicate copies of
such materials and documents for his own file, or other purposes
as may be authorized in writing by the Agency. The Agency shall
not without the Contractor's written consent associate the Contrac-
tor's name with any material not the exclusive produce of the Con-
tractor.
IN WITNESS WHEREOF, the Local Public Agency and the Contrac-
tor have executed this Agreement as of the date first hereinabove
set forth.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA,
Contractor:
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By :.
Jo Garthe Cha~rman
ATTEST:
JOHN F. GRAY
Financial Consultant
APPROVED AS TO FORM:
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KEITH GOW, AGENCY LEGAL COUNSEL