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HomeMy WebLinkAbout1994-12-13 - AGENDA REPORTS - EARTHQUAKE RECOVERY PROJECTS (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND George A. Caravalho (/ Itemo b' resented by: Don ckworth December 13, 1994 Economic Development Administration Earthquake Recovery Projects Community Recovery Agency On July 12, 1994, the City Council approved issuance of Request For Qualifications (RFQ) to select consultant services on three separate Economic Development Administration (EDA) grant funded components: 1) economic assessment of earthquake damages; 2) target market analysis and economic development strategy _for industrial/office retention and attraction; and 3) Soledad Canyon Road Corridor Revitalization StraTeg`y(esotromic niche and design). The ED�app a planning grant to the City of Santa Clarita based on earthq ae damn ge-asg—essments for the amount of $101,100 dollars. On September 27, 1994, the City Council approved the issuance of a RFQ to select a specialist to develop a downtown revitalization strategy for Newhall. Because total costs for these projects are beyond the EDA funding level, a coordinated funding approach which includes the use of Community Development Block Grant (CDBG) Supplemental grant funds specially directed to earthquake recovery is being suggested, Staff recommendations of the above RFQ processes are presented below: I. Economic Assessment of Earthquake Damages This project will provide an economist to measure and describe the costs of the Northridge Earthquake to Santa Clarita both directly and indirectly, now and in the future. The product of this analysis would enable the City to be definitive regarding damage and costs as upstream governmental assistance and Recovery Agency assistance is pursued. Proposed stakeholder interviews will explore the degree to which damage estimates made at the time of the disaster are significantly over or under reporting actual damage. The economist will utilize "industry -proved' economic indicators and multipliers for measurement and analysis. A panel was assembled to interview the most qualified firms. The panel consisted of Emergency Preparedness Coordinator Adele Macpherson, Santa Clarita Chamber of Commerce Executive Vice President Viki Rudolph, and Los Angeles City Redevelopment Agency Finance Officer and Santa Clarita resident Joe Nocella. APPROTED Vc���daItem: On October 25, 1994, the panel participated in a half-day interview process involving; the following four economic firms; The Natelson Company, Inc,; Economic Strategies Group; Economic Research Associates', and Keyser Marston & Associates. These firms were "short listed" based on their reputation and experience with similar economic analysis -type projects. Keyser Marston was selected by the panel to undertake the economic assessment of the earthquake damages based on their related experience and methodology in the City of Los Angeles. Also, Keyser Marston has assisted cities in California with economic development and redevelopment issues for over twenty years. Staff is recommending that the City Council authorize a contract for professional econometric services with Keyser Marston at a cost not to exceed $16,500.00 dollars. The source of funds will be federal CDBG Supplemental funds specially directed to earthquake recovery. Attached is a proposed contract and scope of work which has been agreed upon by Keyser Marston,. Il: Target Market Analysis and Economic Development Strategy This project will provide an economic developmentspecialist to identify industrial and office target markets for Santa Clarita and to develop a comprehensive economic attraction and retention program. The firm will conduct an extensive community participation process with local stakeholders in order to mobilize effective jobs and business development activities in the community. Attached are letters of support for such a process. A panel was assembled to interview the most qualified firms. The panel consisted of Cathy Culotta (Principal, Diversified Business Consultants, Inc.); James Backer (Director of Marketing Commercial/Industrial Real Estate, Newhall Land and Fanning); and Catherine Maguire (District Manager, Southern California Gas Company). On October 25, 1994, the panel participated in a half-day interview process involving the following four economic development firms: PHH Fantus, Keyser Marston & Associates, Economic Strategies Group, Economics Research Associates, and The Natelson Company, Inc. These firms were "short listed" based on their reputation and experience with developing economic development strategies. Following a second set of interviews, Economic Strategies Group was unanimously selected by the panel to undertake the Target Market Analysis and Economic Development Strategy based on their related experience and methodology in comparable sized communities with similar characteristics. This turn's ability to facilitate effective community participation processes was unmatched. Staff is recommending that the City Council authorize a contract with Economic Strategies Group for an amount not to exceed $63,000 dollars. The source of funds will be the EDA Planning Grant monies which have been budgeted and are available in Account # December 13, 1994 Page 3 01-5005-230. Attached is a proposed contract with a scope of work which has been agreed upon by Econoraic Strategies Group. III. Downtown Newhall Revitalization Strategy This project will provide for completion of a revitalization strategy for Downtown Newhall which builds upon and implements the community participation efforts undertaken by Jeff Oberdorfer and Associates, about eighteen months ago.. A panel was assembled to interview the most qualified firms. The panel consisted of Mayor George Pederson, Mayor Pro -tem Joanne Darcy, Planning Commissioner Jerry Cherrington, Assistant City Manager Ken Pulskamp, and Community Recovery Agency Director Donald R. Duckworth. On November 21, 1994, the panel participated in a day -long interview process which included one-hour presentation and questions from the following seven firms; Jeff Oberdorfer and Associates; ROMA Design; Gruen and Associates; EDAW; Freedman, Tung and Bottomley; IMA; and Santa Clarita Design Associates. These firms were "short listed" based on their reputation and experience with downtown revitalization. Freedman, Tung, and Bottomley (FTB) was unanimously voted by the panel to develop the Newhall Revitalization Strategy. FTB brings to the community a positive reputation and understanding of downtown revitalization through community participation and consensus building, market analysis, and implementation programs and construction. Accomplishments in California include Mountain View, Cathedral City, Yuba City, and Lodi. FTB would utilize Mundie & Associates for economic analysis and identification of an economic niche for the project area. Both have worked together on previous downtown revitalization projects and have experience in developing clear economic development strategies for new investment and creating activity -generating facilities. Staff is recommending that the City Council authorize a contract with FTB for an amount not to exceed $75,000 dollars to complete a downtown revitalization strategy for Newhall. The source of funds would be $38,100 dollars from the EDA Planning Grant which have been budgeted and are available in Account # 01-5005-230, and $36,900 dollars from CDBG Supplemental funds. A contract and scope of work would be developed by the City in agreement with Freedman, Tung and Bottomley and subject to approval of the City Attorney. The interview process was also intended to select a consultant for the Soledad Canyon Corridor Revitalization Strategy. Council approved a Request For Qualifications process in July, 1994 pursuant to the interest that was observed during the public participation process for the Recovery Agency. However, based on the urgency and momentum December 13, 1994 Page 4 already established for Newhall revitalization the thought that the City should not undertake more than can be effectively supported, nor move too quickly, the panel suggested that it would be most appropriate to focus only on Newhall at this time and begin the Soledad Canyon Corridor Revitalization process approximately six (6) months from now. A consultant was not selected for this process, but the panel felt that one of the top three firms in this process could be selected for the work. RECOMMENDATION It is recommended that the City Council authorize a contract with: 1) Keyser Marston & Associates for an amount not to exceed $16,500 dollars (CDBG Supplemental funds) to perform an economic assessment of earthquake damages; 2) Economic Strategies Group for an amount not to exceed $63,000 dollars (Economic Development Administration funds) to perform a target market analysis and economic development strategy; and 3) Freedman, Tung, and Bottomley for an amount not to exceed $75,000 dollars (Economic Development Administration funds and CDBG Supplemental funds) to perform downtown Newhall revitalization services. ATTACHMENTS Proposed contract for services - Keyser Marston Proposed contract for services - Economic Strategies Group Letters of support AVJI e[ondev/ar1213993 N E W H A L L L A N D (805) 255-4046 December 1, 1994 Mr. Mike Haviland Manager, Marketing and Economic Development City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita, CA 91355 Dear Mike, I appreciated the opportunity to be a part of the City's interview panel to select a consultant to develop a Target Market Analysis and Economic Development Strategy for Santa Clarita. The competitive nature of economic development has changed from a local issue to one assuming national proportions as other states in the U.S. attempt to entice companies and residents to leave California. An economic development strategy is critical to the long term development of the Santa Clarita Valley and Newhall Land is very supportive of this effort. Such a strategy is not an option -it is a necessity. I look forward to a continued partnership with the City in the development of this strategy. 7SB:rr Very truly yours, ames S. irecto of Marketing Commercial/Industrial Real Estate TIIE NfWNALL LAND ANU FARMING COMPANY 23823 VALENCIA SOULEVIRD, VALENCIA, CALIFORNIA 91355-2194 (805) 355-4000 Santa Clanta'a11ex Chamber of Commex cam, y n 2392ava' BIVd., 5'ute1�Sanf Clarita, Cai�ibrh� ��1 55 2125 ; y� 0 •259 478 F ,$ a • 2�9-$52$. =� = t $dQr of C-6 December 1, 1994 Mike Haviland Manager, Economic Development City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 Dear Mike: We appreciated the opportunity to be involved in a part of the review panel to evaluate and recommend to City Council. that the Economic Strategies Group undertake the development of an Economic Development Strategy for Santa Clarita. As you know, Economic Development remains as a high priority to the Santa Clarita Valley Chamber of Commerce. The development of this Strategy can provide the cornerstone for enhancing the competitiveness and long term direction of economic development program in the Santa Clarita valley. We believe the development of this strategy represents a critical next step and investment on the part of City Council to assure they continue the progress and viability of our economy in the Santa Clarita Valley. We encourage your support in this effort and look forward to a continuing role working with the city in the development of the Economic Development Strategy. Sincerely, `d-, , Viki Rudolph, Executive Vice President Santa Clarita Valley Chamber of Commerce AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES between the CITY OF SANTA CLARITA and ECONOMIC STRATEGIES GROUP THIS AGREEMENT is made and entered into this day of 1994, by and between the City of Santa Clarita (hereinafter called "City"), and Economic Strategies Group (hereinafter called "Consultant"). WHEREAS, The City desires to undertake activities necessary to implement the plans of the Economic Development Strategy Program, which services require a level of staff support presently unavailable to the City; and WHEREAS, Consultant represents that it is qualified to perform the services contained, it is, mutually agreed between the parties as follows: NOW, THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: ARTICLE I. SCOPE OF SERVICES Consultant shall perform professional services as are directed by the authorized City representatives, and as described in the attached Exhibit A. ARTICLE II. AMENDMENTS TO SCOPE OF SERVICES The City may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the rate of Consultant's compensation, shall be mutually agreed upon by and between the City and Consultant and shall be incorporated in written amendments to this Agreement. ARTICLE III. CONSULTANT'S COMPENSATION AND METHOD OF PAYMENT For services provided pursuant to Article I, of this Agreement, Consultant shall be compensated at the following hourly rates, payable within thirty (30) days following receipt of Consultant's invoice: Principals $100.00 per hour Senior Economists $ 80.00 Researchers $ 45.00 Invoices will describe services provided and the time required for each service. Sum total of all Consultant's invoices shall not exceed Sixty-three Thousand Dollars ($ 63,000). Hourly rates indicated above also pertain to and include monies relating to travel expenses. Travel -related costs shall not be billed to the City as part of this agreement. ARTICLE IV. TIME OF PERFORMANCE Consultant agrees that it will diligently and responsibly pursue the performance of the services required of him by this Agreement. If a delay beyond the control of Consultant is encountered, a time extension mutually agreed upon in writing by the City and Consultant may be granted. Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. ARTICLE V. COOPERATION BY AGENCY All information, data, reports, records, and maps as are existing, available and necessary for carrying out the work as outlined in the Scope of Services shall be furnished to Consultant without charge by the City. The City shall cooperate with Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement. ARTICLE VI. DESIGNATED REPRESENTATIVES The following individuals are hereby designated as representatives of the City and Consultant respectively to act as liaison between the parties: City Of Santa Clarita: Michael Haviland - Community Recovery Agency Donald R. Duckworth - Community Recovery Agency Consultant Jack Tomasik - Economic Strategies Group Any change in designated representatives shall be promptly reported to the other party in order to ensure proper coordination of the project. ARTICLE VII. STANDARDS OF PERFORMANCE Consultant shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments while performing the services described herein in a good, skillful, and professional manner. ARTICLE VIII. OWNERSHIP OF DOCUMENTS All reports, files, and other material prepared under this Agreement shall be and remain the property of the the City. ARTICLE IX. LEGAL REVIEWS All legal reviews of documents prepared by Consultant are the, responsibility of the City. ARTICLE X. AUTHORITY OF CONSULTANT Consultant shall be an independent contractor and shall not incur or have the power to incur any debt, obligation, or liability whatsoever against the City. Consultant shall, as required, represent the City as its agent in contracts, solicitations, and negotiations concerning the implementation of the Santa Clarita Recovery Program, but Consultant shall be without authority to bind the City in any way with respect to terms, conditions, sale prices, times of performance, or any other matter related to the City's legal liability or performance with respect to the implementation of the Economic Development Strategy Program. ARTICLE XI. TERMINATION Either party may terminate this Agreement upon thirty (30) days' written notice to the other. In the event of such termination, Consultant shall be compensated for all services performed and. expenses incurred to the date of notice of termination as described in a written report to the City prepared by Consultant, less any amounts previously paid by the City. ARTICLE XII. NOTICES Notice by the City to Consultant shall be deemed delivered if sent by certified mail, return receipt requested to Economic Strategies Group, 2702 North 44th Street, Suite 102A, Phoenix, AZ 85008. Notice by Consultant to Agency shall be deemed delivered if sent by certified mail, return receipt requested to the Community Recovery Agency, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. ARTICLE XIII. CONFLICT OF INTEREST Consultant represents and agrees that Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment of any agreement for the payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. Consultant further represents and agrees that he has not now, and will not, acquire any interest, direct or indirect, present or prospective, in any of the property acquired by the City, during the term of this Agreement. Consultant further represents that it has not employed, and will not employ in connection with work to be performed hereunder, any person having an interest, direct or indirect, in any of the property acquired by the City during the term of this Agreement and Consultant will notify the City of and will not work on any projects which may represent or appear to represent a conflict of interest with any other municipal client of Consultant. ARTICLE XIV. INSURANCE REQUIREMENTS Consultant shall obtain and maintain during the life of this Agreement automobile liability, including owned, hired, and non -owned vehicles, except as may be stricken out by the City. Endorsement shall be obtained for the policies providing the above insurance for the following provisions: 1. Additional Insureds "The City of Santa Clarita, Santa Clarita, California, its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." 2. Notice "Said policy shall not terminate, nor shall it be canceled, nor the coverage reduced, until thirty (30) days after written notice is given to the City." 3. Limits The policy limits shall have minimum coverage per occurrence as follows: $100,000 - Property Damage; $250,000 -Injury to One Person/Any Once Occurrence; and $500,000 - Injury to More Than One Person/Any One Occurrence In addition to the insurance coverage in the paragraphs above, Consultant shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation Insurance. Consultant shall provide to the City certificates of insurance showing the insurance coverage described in the paragraphs above, in a form and content approved by the City, prior to beginning work under this Agreement. ARTICLE XV. INDEMNIFICATION CLAUSE Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents, or contractors performing under this Agreement, and each party shall indemnify, defend, and save harmless the other party from such damages or liability. ARTICLE XVI. ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by both parties to the Agreement. ARTICLE XVII. MISCELLANEOUS . �. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing parry in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition, the party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all necessary costs the Court allows in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. B: Staff Consultant agrees that each task as outlined in the work program shall be staffed by members of Consultant's team who are qualified and have the necessary experience to competently perform the task in a manner satisfactory to the City. It is understood and agreed that the consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the consultant, or any individual whose compensation for services is paid by the consultant, an agent or employee of the City, or authorizing the consultant to create or assume any obligation or liability for or on behalf of the City. Consultant shall not employ subcontractors to perform the tasks required in the work program without written approval of the City. �Qrl Mail No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. NINEFFROM FW . This Agreement shall be construed and interpreted both as to validity and to performance under the laws of the State of California. Any and all legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any appropriate Court in such County. Consultant covenants and agrees to submit to the personal jurisdiction of such Court in the event of such action. G. Effective Date The effective date of this Agreement shall be. 199. IN WITNESS WHEREOF, Consultant and the City have signed this Agreement on the date set forth hereinabove. Attest: City Clerk Date Approved as to form City Attorney econdev\mntrad.esg City of Santa Clarita City Manager Economic Strategies Group By: Jack Tomasik EXHIBIT A ECONOMIC DEVELOPMENT DELIVERABLES ECONOMIC DEVELOPMENT PROGRAM L Conduct a Competitor Analysis and a Target Industry Comparison, and create the Market Strategy, ESG will: o Analyze the strengths and weaknesses of competitive products to include Lancaster, Simi Valley, Burbank, Oxnard, Rancho Cucamonga, Santa Ana, Brea, Irvine, Corona, Las Vegas, and Salt Lake City. o Inventory all competitor fees. o Prepare a complete review of competitor incentives. o Develop a Target Industry Comparison to include: - Santa Ana Brea - Irvine - Corona Las Vegas Phoenix Salt Lake City o Establish Goals and Objectives for the Marketing Strategy. 0 Identify Santa Clarita Valley's target industries, i.e., industrial, office, tourism, film, small business center. o Develop Action Plans for both an attraction and a retention strategy. o Create the proper evaluation tools to monitor results. o Recommend the budget for implementation of the Market Strategy. o Recommend incentive alternatives to focus available resources on the desired results of the strategy. Budget: $25,000; Staff: J. Tomasik, M. Skaggs, D. Ward, J. Lyons, C. Beck STRUCTURE & CONSENSUS 2. Identify the economic development issues and stakeholder interests,, ESG will: 0 Inventory all Valley stakeholders in economic development. o Track stakeholder involvement throughout the entire process. o Designate "players' or stakeholders willing to commit time, talent, and other resources. o Interview 75 to 100 stakeholders. o Identify stakeholders issues. o Designate goals and objectives from issues receiving broad-based support. o Utilize questionnaires and surveys to prioritize objectives. o Conduct a stakeholder workshop to illustrate the Business as Usual Assessment findings and the initial Goals and Objectives. o Form stakeholder work groups to review and enhance the Action Plan. o Conduct a fiscal Action Plan Review workshop for stakeholder input into the total plan. Budget: $25,000; Staff: J. Tomasik, D. Ward, M. Skaggs 3. Recommend the structure of the Economic Development Organization in Santa Clarita Valley, ESG will: o Collect information from successful economic development organizations. o Ascertain the current role of cities and chambers of commerce relative to economic development. 0 Denote the relationships between the principal economic development players - public and private. o Recommend a structure unique to the Santa Clarita situation and objective. Budget: $4,000, Staff: M. Skaggs, D. Ward, J. Tomasik EVALUATION TOOLS 4. Develop a database of "economic indicators' to measure and track economic development performance in the City of Santa Clarita, ESG will: o Inventory data available about the City, both internally and from outside sources. 0 Prepare a set of economic indicators from available data. Prepare a historical series of economic performance. Delineate sources so staff can update data in the future. Budget: $3,000; Staff: J. Tomasik, C. Beck 5. Evaluation tool to measure marketing success. ESG will develop a survey for prospect/lead interviews, and a matrix to measure dollar expenditure against results. Budget: $1,000; Staff: M. Skaggs 6. Create impact/benefit analysis methodology; including evaluation criteria, ESG will: o Develop an economic impact model for the City of Santa Clarita, which will include secondary (multiplier) impacts, and result in an estimate of jobs, income, and population. o Develop a real estate impact model of the City of Santa Clarita, which will include estimated space demand in retail, office, industrial, and hotel uses. o Develop a revenue impact model of the City of Santa Clarita, which will estimate the revenues, based on the City most recent budget. a Develop a formal survey for describing proposed projects. o Develop standard tables for output. Budget:. $5,000; Staff: M. Skaggs Total for this Work Scope: $63,000. The hourly rate of the consulting team members is as follows: Principals: J. Tomasik, M. Skaggs $100 per hour Senior Economists: D. Ward, S. Brammer $80 per hour Researchers J. Lyons, C. Beck $45 per hour econdev\scope.esg AGREEMENT FOR PROFESSIONAL ECONOMETRIC SERVICES between the CITY OF SANTA CLARITA and KEYSER MARSTON ASSOCIATES, INC. THIS AGREEMENT is made and entered into this day of 1994, by and between the The City of Santa Clarita (hereinafter called "City"), and Keyser Marston Associates, Inc. a California professional corporation (hereinafter called "Consultant"). WHEREAS, the City desires to undertake activities necessary to implement the plans of the Economic Development Strategy Program, which services require a level of staff support presently unavailable to the City; and WHEREAS, Consultant represents that it is qualified to perform the services contained, it is mutually agreed between the parties as follows: NOW, THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: ARTICLE I. SCOPE OF SERVICES Consultant shall perform professional services as are directed by the authorized City representatives, and as described in the attached Exhibit A. ARTICLE II. AMENDMENTS TO SCOPE OF SERVICES The City may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the rate of Consultant's compensation, shall be mutually agreed upon by and between the City and Consultant and shall be incorporated in written amendments to this Agreement. ARTICLE III. CONSULTANT'S COMPENSATION AND METHOD OF PAYMENT For services provided pursuant to Article I, of this Agreement, Consultant shall be compensated at the following hourly rates, payable within thirty (30) days following receipt of Consultant's invoice: Senior Principals $145.00 per hour Principal $140.00 Senior Associate $120.00 Associate $105.00 Senior Analyst $90.00 per hour Analyst $80.00 Technical Staff $50.00 Administrative Staff $45.00 Invoices will describe services provided and the time required for each service. Sum total of all Consultant's invoices shall not exceed Sixteen Thousand, Five. Hundred Dollars and No Cents ($ 16,500.00). Hourly rates indicated above also pertain to and include monies relating to travel expenses. Travel -related costs shall not be billed to Agency as part of this agreement. ARTICLE IV. TIME OF PERFORMANCE Consultant agrees that it will diligently and responsibly pursue the performance of the services required of him by this Agreement. If a delay beyond the control of Consultant is encountered, a time extension mutually agreed upon in writing by the City and Consultant may be granted. Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. ARTICLE V. COOPERATION BY AGENCY All information, data, reports, records, and maps as are existing, available and necessary for carrying out the work as outlined in the Scope of Services shall be furnished to Consultant without charge by the City. The City shall cooperate with Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement. ARTICLE VI. DESIGNATED REPRESENTATIVES The following individuals are hereby designated as representatives of the City and Consultant respectively to act as liaison between the parties: City of Santa Clarita: Alex Vasquez - Community Recovery Agency Consultant Robert Wetmore - Keysor Marston Associates, Inc. Any change in designated representatives shall be promptly reported to the other party in order to ensure proper coordination of the project. ARTICLE VII. STANDARDS OF PERFORMANCE Consultant shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments while performing the services described herein in a, good, skillful, and professional manner. 2 ARTICLE VIII. OWNERSHIP OF DOCUMENTS All reports, files, and other material prepared under this Agreement shall be and remain the property of the Agency. ARTICLE IX. LEGAL REVIEWS All legal reviews of documents prepared by Consultant are the responsibility of the the City. ARTICLE X. AUTHORITY OF CONSULTANT Consultant shall be an independent contractor and shall not incur or have the power to incur any debt, obligation, or liability whatsoever against the City. Consultant shall, as required, represent the City as its agent in contracts, solicitations, and negotiations concerning the implementation of the Santa Clarita Recovery Program, but Consultant shall be without authority to bind the City in any way with respect to terms, conditions, sale prices, times of performance, or any other matter related to the City's legal liability or performance with respect to the implementation of the Economic Development Strategy Program. ARTICLE XI. TERMINATION Either party may terminate this Agreement upon thirty (30) days' written notice to the other. In the event of such termination, Consultant shall be compensated for all services performed and expenses incurred to the date of notice of termination as described in a written report to the City prepared by Consultant, less any amounts previously paid by the City. ARTICLE XII. NOTICES Notice by the City to Consultant shall be deemed delivered if sent by certified mail, return receipt requested to Keyser Marston Associates, Inc., 12555 High Bluff Drive, Suite 160, San Diego, CA 92130. Notice by Consultant to the City shall be deemed delivered if sent by certified mail, return receipt requested to the Community Recovery Agency, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. ARTICLE XIII. CONFLICT OF INTEREST Consultant represents and agrees that Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment of any agreement for the payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. Consultant further represents and agrees that he has not now, and will not, acquire any interest, direct or indirect, present or prospective, in any of the property acquired by Agency, during the term of this Agreement. Consultant further represents that it has not employed, and will not employ in connection with work to be performed hereunder, any person having an interest, direct or indirect, in any of the property acquired by the City during the term of this Agreement and Consultant will notify the City of and will not work 3 on any projects which may represent or appear to represent a conflict of interest with any other municipal client of Consultant. ARTICLE XIV. INSURANCE REQUIREMENTS Consultant shall obtain and maintain during the life of this Agreement automobile liability, including owned, hired, and non -owned vehicles, except as may be stricken out by the City. Endorsement shall be obtained for the policies providing the above insurance for the following provisions: 1. Additional Insureds "The City of Santa Clarita, Santa Clarita, California, its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with the City." 2. Notice "Said policy shall not terminate, nor shall it be canceled, nor the coverage reduced, until thirty (30) days after written notice is given to the City." 3. Limits The policy limits shall have minimum coverage per occurrence as follows: $100,000 - Property Damage; $250,000 - Injury to One Person/Any Once Occurrence; and $500,000 - Injury to More Than One Person/Any One Occurrence In addition to the insurance coverage in the paragraphs above, Consultant shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation Insurance. Consultant shall provide to the City certificates of insurance showing the insurance coverage described in the paragraphs above, in a form and content approved by the City, prior to beginning work under this Agreement. ARTICLE XV. INDEMNIFICATION CLAUSE Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents, or contractors performing under this Agreement, and each party shall indemnify, defend, and save harmless the other party from such damages or liability. ARTICLE XVI. ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by both parties to the Agreement. ARTICLE XVII. MISCELLANEOUS MEN ff- 1 i If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition, the party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all necessary costs the Court allows in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. B. Staff Consultant agrees that each task as outlined in the work program shall be staffed by members of Consultant's team who are qualified and have the necessary experience to competently perform the task in a manner satisfactory to the City. 1�,{1111 It is understood and agreed that the consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the consultant, or any individual whose compensation for services is paid by the consultant, an agent or employee of the City, or authorizing the consultant to create or assume any obligation or liability for or on behalf of the City. 1 11 Consultant shall not employ subcontractors to perform the tasks required in the work program without written approval of the City. 011 1 f 1 ly :.11 F :1!. - 111 1 No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 1 1 , This Agreement shall be construed and interpreted both as to validity and to performance under the laws of the State of California. Any and all legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, 5 State of California, or any appropriate Court in such County. Consultant covenants and agrees to submit to the personal jurisdiction of such Court in the event of such action. G. Effective Date The effective date of this Agreement shall be 199_. IN WITNESS WHEREOF, Consultant and the City have signed this Agreement on the date set forth hereinabove. Attest: City of Santa Clarita City Clerk City Manager Date Approved as to form City Attorney Keysor Marston Associates, Inc. By:. coovecov\contnct.kw Robert Wetmore