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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA-2008w INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK Of COUNCIL DATE: 5 22'°~ J: C~~ ~~~ G~r;s Pniklov~ COOPERATNE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUNITY' REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA (FOREIGN TRADE ZONE) A-2008-095-01 THIS AGREEMENT is entered into this 5th day of May, 2008, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE 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 Santa Ana Foreign Trade Zone (FTZ) consists. of 92 acres of commercial and industrial land within the Santa Ana city limits. The location ofthe 92 acres can be modified to better serve local businesses through an application process to the Federal Foreign Trade Zones Boazd and U.S. Customs and Border protection, C. The Agency desires to contract with the City for the Agency to provide funds to the City to assist in funding the consultant, Miller and Associates, that will assist with the creation of a step by step process to simplify the utilization of FTZ benefits available to Santa Ana businesses. E. The Agency is willing to contribute funding for the consultant to simplify the use of FTZ benefits and to improve the FTZ marketing strategy. This will assist the Agency with its ongoing redevelopment activities by retaining and attracting companies to the City. NOW, THEREFORE, the parties hereto do mutually agee as follows: SCOPE OF WORK Miller and Associates will create a step by step process to simplify the utilization of FTZ benefits available to Santa Ana businesses. They will restructure the existing FTZ area for the purpose of allowing additional businesses to take advantage of the program and assist with marketing efforts. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City an amount not to exceed $75,000.00 to be applied to the total compensation for Miller and Associates to perform all services referenced above. From the time the City incurs the cost of any particulaz 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 beaz interest at the rate of the average City return on investment, as the same may change from time to time. Except as maybe 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 yeaz 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 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 maybe imposedupon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code aze made. apart 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 sha1L apply to all activities carried out by the parties as set forth in Section 1 hereto. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA V -~1~PatriciaE. e y Clerk of the Council ATTEST: (~'~~- '{qv Patricia E. ealy Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel By: Lisa E. Storck Asst. City Attorney/Asst. Counsel Y V`~ avid N. Ream City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by ~YtG! ~GGCtti~J Nancy Edw s Acting Executive Director