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HomeMy WebLinkAbout1976-07 CRA . . . . . . . . RESOLUTION NO. 76-7 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTION OF AN ECONOMIC SERVICES AGREEMENT WITH STUBBLEFIELD ASSOCIATES BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana that said Agency hereby approves that certain agreement for economic services with Stubblefield Associates, a copy of which is attached hereto, 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 Regular Meeting meeting held on the ~ day of February, 1976. ~M!~ ATTEST: R~~ Executive Director and Recording Secretary APPROVED AS TO LEGAL FORM: /5:41 é KEITH L. GOW ~ City Attorney , 8 . 8 I I " i . í'~-'" I~ ø I! f . COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA AGREEMENT FOR ECONOMIC SERVICES WITH STUBBLEFIELD ASSOCIATES THIS AGREEMENT, entered into this 11th day of February 1976, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic (hereinafter referred to as "Agency"), 20 Civic Center Plaza, Santa Ana, California, and Graham Stubblefield, dba STUBBLEFIELD ASSOCIATES (hereinafter referred to as the "Contractor"), 1400 North Harbor Boulevard, Suite 240, Fullerton, California 92635, WITNESSETH WHEREAS, the Agency is undertaking certain activities necessary for the execution of the Co~munity Redevelopment Project (hereinafter referred to as "Project"), the boundaries of which are delineated on the attached map incor- porated herein as Exhibit "A"; and WHEREAS, the Agency desires to retain the consùlting services of the Con- tradtor to prepare economic and financial studies of proposals for development within the Redevelopment Project; and WHEREAS, the Contractor represents that he .is authorized and qualified ~o provide such services to the Agency. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made and subject to all the terms and con- ditions hereof, the parties hereto do hereby agree as follows: SECTION 100 SCOPE OF SERVICES Contractor agrees to perform each and all of the services hereinafter specified in Section 101 within the time specified in Section 200. -1- I . I I ',":. . . . ,SECTION 101 The Contractor shall render consultation and advice to Agency on economic, financial, marketing and appraisal matters necessary to the implementation of the Project in the form and to the extent specified by the Agency when and as needed. Contractor agrees to: 1) Consult. assist and advise Agency with respect to marketing, financial and disposition problems. including the financial testing of land ..._. use and development concepts proposed by. or to be presented to. pros- pective developers. The purpose of Contractor's services shall be to assist Agency in identifying and implementing specific development projects which can be undertaken within the private sector. 2) Evaluate the plans and programs of otþer consultants of Agency. and assist such consultants on matters related to market potential. finan- cial feasibility and economic impact. 3) Undertake detailed economic/financial analysis as maybe required related to developer proposals. ~) 'Identify prospective developers and tenants. and participate in formal and informal discussions and presentations with such prospective devel- opers and tenants. other community officials, and the public. 0 5) Undertake. when required, limited market feasibility studies. and the refinement and expansion of marketing strategy and tactics to meet conditions as they develop. 6) Assist in public education and information as to the program 'and the specifics that would be involved in all aspects of redevelopment per- taining to the Contractor's expertise. 7) Advise and consult with developers and their architects, as appropriate. and others wþo will be involved in planning architectural concerns -2- I . I I . . as to various projects. Such advice shall be in terms of project feasibility as these needs relate to the ability to secure the neces- sary commitment from key tenants and as to the economical feasibility, both from the standpoint of private developers and the community's 'ability to finance the project. SECTION 200 TIME OF PERFORMANCE All services required pursuant to Section 101 shall commence when and as directed by the Executive Director of the Agency and shall be completed within a mutually satisfactory time schedule as appropriate to the required task. Services shall be on an as-needed basis upon specific request issued- by the Executive Director. Pursuant to each such request, the Contractor shall confirm in writing the task to be performed, giving a time and fee estimate unless the services required pertain only to attendance at meetings. SECTION 300 COMPENSATION The Agency agrees to pay and the Contractor agrees to accept from Agency as and for payment in full for all services performed by the Contractor in accordance with Section 100 and 101 above, such sum of money, not to exceed the total sum of $9000, as shall be determined by multiplying the hours spent by the Contractor and his employees in the performance thereof by the applicable following rates: Principal Associates Research Assistance $40.00/hour $35.00/hour $20.00/hour $ll.OO/hour @ cost Clerical Graphics and Reproduction SECTION 400 METHOD OF PAYMENT The Contractor shall submit to the Agency a monthly verified statement in a form to be approved by the Executive Director of the Agency, containing a specification of work done by each class of persons specified in Section -3- 8 . 8 I . . 300 and graphics and reproduction work done during the preceeding month. The verified statement as to work completed shall be attached to an invoice stating all claims for work done during the prior month. The invoice must be submitted prior to the fifth day of each month and if so done, the Agency shall review such statements and remit payment within thirty (30) working days after the submission of the invoice requested. SECTION 502 CONFLICT OF INTEREST Contractor agrees that neither the Contractor nor any individual associated therewith, will either directly or indirectly represent or assist owners of the properties located in the Project in regard to the acquisition of such property by the Agency, nor divulge to any person any information in regard to such acquisition. If this contract is terminated, neither the Contractor nor any person associated therewith shall thereafter directly or indirectly represent or assist any owner of property within the Project in any matter concerning the acquisition of such property by the Agency. SECTION 503 CONTRACTOR'S LIABILITY The Contractor shall be responsible for all injurieå to persons and for all 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 work required by this Agreement to be done by him, and shall hold harmless and indemnify the Agency, the City of Santa Ana, and all officers and employees thereof, from all costs, suits and claims for damages or injuries, however caused, arising out of.the Contractor's performance of or failure to perform said work under this Contract. SECTION SOl¡ WORKER'S COMPENSATION INSURANCE A. If Contractor now or at anytime during the course of this Agreement qualifies as an employer under Labor Code Section 3300, unless the emp10yee(s) he hires come(s) within those persons excluded under the Labor -1+- ¡. I . I I . . Code, Contractor shall furnish Agency and the City of Santa Ana with an insur- ance certificate from his worker's compensation insurance carrier certifying that he carries such insurance, and that the policy shall not be cancelled nor the coverage reduced except upon ten (10) days prior written notice to Agency and the City of Santa Ana. B. Should any policy be cancelled before completion of the work herein contemplated and the Contractor fails to iIlDßediate1y procure other insurance as herein required, the Agency may procure such insurance and deduct the cost thereof from the amount due the Contractor. SECTION 505 EMPLOYMENTS OF RESIDENTS The Contractor is encouraged by the Agency to employ qualified people, when available, from the general Project area'to assist in providing the services contracted for in this agreement. SECTION 506 A. The Contractor certifies that it will not discriminate against any employe~ or applicant for employment because of race, color, religion, sex or national origin. The Contractor agrees to take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such ~ction shall include, but not be limited to the following: employment, up-grading, demotion, or transf.er; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compen- sation; 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 pro- visions of this non-discrimination clause. -5- I 8' >! I I . . B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor agrees to cause the foregoing provisions to be in- serted in all subcontracts for any work covered by this agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for stan- dard"commercial supplies or raw materials. SECTION 507 SUBCONTRACTORS None of the services covered by this agreement shall be subcontracted without the prior written approval of the Agency. Contractor shall be fully responsible to the Agency for performance of subcontractors. SECTION 508 ASSIGNABILITY Contractor shall not assign any interest in this agreement and shall not transfer any interest in this agreement without the prior written approval of the Agency. SECTION 509 NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the Agency at 20 Civic Center P1åza, Santa Ana, California 92701, and to the Contractor at 1400 North Harbor Boulevard, Suite 240, Fullerton, California 92635. -6- ,I . I I . . SECTION 510 TERMINATION Either party, upon thirty (30) day notice in writing to the other, may terminate this agreement and Contractor shall only be entitled to compensa- tion for services performed to the expiration of said thirty (30) day notice. SECTION 511 OWNERSHIP OF MATERIALS AND DOCUMENTS Any and all sketches, drawings, tracings, filed survey notes, compu- tations, 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. SECTION 512 NON-DISCLOSURE The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this agreement (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. 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. SECTION 513 VALIDITY The invalidity in whole or in part of any provisions of this agreement shall not void or effect the validity of any other provision of this agreement. -7- ~---- I . I I . . SECTION 5H LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California. SECTION 515 EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other Agreements either oral or in writing between the parties hereto with respect to employment of the Con- tractor by the Agency and contains all the covenants and Agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other Agreement shall be effective unless executed in writing and signed by both the Agency and the Contractor. IN WITNESS WHEREOF, the Agency and the Contractor have executed this Agreement as of the date first hereinabove set forth. ATTEST: , ~ APPROVED AS TO FORM /~~ç~ COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~~ B A-(.J ~ . J~ . GART , hairman KEITH GOW, Agency Counsel -8- r ." . e . . . . . . 8 . I I BOUNDARY FOR THE CITY OF SANTA ANA REDEVELOprv1ENT PROJECT AREA