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HomeMy WebLinkAboutRDA AGENCY STAFF ASST 5-20-85 DA REDEVELOPMENT AGENCY A NO. 6 May 20, 1985 TO: FROM: SUBJECT: TUSTIN REDEVELOPRENT AGENCY DONALD D. I. AI~, DIRECTOR OF COI~IUNITY DEVELOPI~NT CONSULTANT SERVICES AGREEMENT FOR AGENCY STAFF ~SISTANCE DISCUSSION: The Executive Dtrector of the Agency and Director of Community Development have Interviewed qualified consultants who could assist Agency staff wtth redevelopment project management for both the Town Center and South/Central Project areas. The purpose of this consultant would be to asstst, advise, and represent the Agency and 1ts staff durtng negotiation wtth potential developers and land owners. Since the Tusttn Redevelopment Agency does not requtre full time staff assttance, a part-ttma contract consultant can perform the duties as necessary. Attached to this transmittal is a proposed agreement from Martlyn Whlsenand, President of Community Development Services, staff's recommended consultant. Mrs. Whisenand presently contracts with and manages the Costa Mesa Redevelopment Agency, Cathedral City and Santee Redevelopment Agencies in addition to her former experience with the Center City redevelopment project in the city of San Diego. Mrs. Whisenand is highly respected in the industry and recommended to the Tustin Redevelopment Agency by her present and former clients. RECOI"~ENDATION: That the Agency authorize the Chairman to execute the necessary agreements contracting with Community Development Services "consultant" as outlined in the attachments to this transmittal. DONALD D. '12~MM~, v Director of Community Development DDL:do attach: Proposed agreement with "Community Development Services" CONSULTANT SERVICES AG~Ml~TT THIS AGREEMENT is made at Tustin, California· as of · 1985, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN ("AGENCY"), and COMMUNITY DEVELOPMENT SERVICES ("CONSULTANT"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide Agency the services described in Exhibit "A." 2. Payment. Agency shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit "B". The payments specified in Exhibit "B" shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to Agency in the manner specified in Exhibit "B". 3. Facilities and Equipment. Consultant shall· at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4. General Provisions. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control only insofar as it is inconsistent with the general provisions. 5. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. EXECUTED as of the day first above stated. REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN By ATTEST: COMMUNITY DEVELOPMENT SERVICES City Clerk By Marilyn Whisenand President EXHIBIT A SCOPE OF SERVICES When and as directed by Agency, Consultant shall perform disposition consulting services for the project area to include, but not limited to the following: Consult, assist and advise the Agency with respect to the planning and implementation of redevelopment activities within the City of Tustin's redevelopment project areas. 2. Participate in formal and informal discussions and presentations with potential developers and community officials. Coordinate the activities of such Agency and City staff and/or consultants as may from time to time be assigned to redevelopment functions by the City Manager. 4. Prepare and execute marketing strategy as necessary to meet the Agency's redevelopment goals. 5. Serve as staff to the Redevelopment Agency of the City of Tustin as necessary to administer redevelopment activities. METHOD AND TIME OF PERFORMANCE Consultant shall perform the various services described herein only as and when requested by the Agency and within a time schedule as mutually agreed upon by the parties to this Agreement. EXHIBIT B COMPENSATION Agency agrees to pay and Consultant agrees to accept compensation according to the following fee schedule which is effective through July 31, 1985, at which time new rates may be negotiated: A monthly retainer of $650.00. Time in excess of ten hours each month will be billed at the rate of $75.00 per hour. Up to ten hours each month will be credited to the retainer at the rate of $65.00 per hour. Directly related job expenses not in the above rates are: Auto mileage, air fares, hotels and motels, meals, car rentals, taxis, data processing, graphics, duplicating, and secretarial services. Directly related job expenses, other than mileage, will be billed at cost; mileage will be billed at 26 cents per mile. METHOD OF PAYMENT Consultant shall submit monthly requisitions to Agency specifying the amount due for services performed by Consultant's staff and a list of incurred expenses for the past calendar month. Upon approval of the services performed and the requisition, Agency shall pay Consultant in. accordance with such requisition. MAXIMUM COMPENSATION It shall be the responsibility of the Agency to monitor the contract costs so as to comply with any maximum compensation limits established by the Redevelopment Agency and inform Consultant prior to assignment of work if such maximum limits would prevent payment for work requested. EXHIBIT C GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of the Agreement, Consultant shall be an independent contractor and shall not be an employee of Agency. Agency shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 3. Consultant Not Agent. Except as Agency may specify, in writing, Consultant shall have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 4. Products of Consulting. Ail products of consulting shall become the property of the Agency and shall be delivered to the Agency before the end of performance under this Agreement. 5. Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6. Changes. The Agency may, from time to time, request changes in the Scope of services of the Agreement to be performed hereunder. Such changes including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between the Agency and the Consultant, shall be incorporated in written amendments to this Agreement. 7. Termination. This Agreement may be terminated by either party on thirty (30) days' written notice to the other. The effective date of cancellation being the 30th day of said written notice with no further action by either party. 8. Abandonment. Upon abandonment of this project by Agency, and written notification to the Consultant, this Agreement shall terminate. Consultant shall be entitled to the compensation earned by it prior to the date of termination, computed prorata up to and including the date of termination.