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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY (3) - 2007 A-2007 -209 INSURANCE N01 REQUIRED WORK MAY PROCEED .fiERK Or COUNCIL SEP 2 0 2007 -J COOPERATIVE AGREEMENT BETWEEN n~TE\OA/ fc()l'\c~)c.. CeveJo~))te-:rHE CITY OF SANTA ANA AND THE COMMUNITY O. (,z.) Chri-.. ~\1ur. REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA (ENTERPRISE ZONE APPLICATION) THIS AGREEMENT is entered into this 2. 0 day of AVt1So+ ,2007, by and between the COMMUNITY REDEVELOPMENT AGENCY OF TH CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNESSETH A, The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The City of Santa Ana applied to the State of California and received a fifteen year Enterprise Zone (EZ) designation in 1993. This designation is scheduled to expire on June 7,2008. C. The Enterprise Zone program was created by the State of California for the purpose of stimulating the economy in areas that are deemed to be economically challenged. The program helps create new jobs and reduce blight. D. The Agency desires to contract with the City for the Agency to provide funds to the City to assist in funding the consultant that will assist in the completion of an application for a new fifteen year Enterprise Zone designation. E. The Agency is willing to contribute funding for the consultant as the designation of Enterprise Zone will assist the Agency with its ongoing redevelopment activities. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF WORK The City distributed a Request for Proposals (RFP) to ten consultant firms. In response to said RFP, the City received proposals from three qualified firms. A City committee reviewed, ranked and rated the proposals and determined that Tassa Consulting Group, LLC (Tassa) was the most qualified and experienced consultant. Agency shall provide the City with an amount not to exceed $72,000.00 to be applied towards the agreement with Tassa to perform all tasks that were included in the RFP for the application, including, but not limited to: compiling requisite information, data and studies, preparing tables and maps; drafting and editing various narrative 1 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 $72,000.00 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. 3. 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 asswne 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 hannless 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. 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the parties as set forth in Section I hereto. 2 . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATIEST: CITY OF SANTA ANA ~.~~. ~. , . B. . ,vvQ. __ David N. Ream.-- ~ City Manager JI Patricia E. Healy ./ t c/'-' Clerk of the Council A TIEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA 1" ~~~~- /V Secretary ~~~~g (dWtUk Executive Director APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel .1 . a~L~-'~ By: Lisa E. Storck Asst. City Attorney/ Asst. Counsel 3