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HomeMy WebLinkAbout2007-10-09 - AGENDA REPORTS - BIG LEAGUE DREAMS PHASE I (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: ID CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: October 9, 2007 APPROVE AGREEMENT FOR BIG LEAGUE DREAMS SPORTS PARK — PHASE I SITE SELECTION Parks, Recreation, and Community Services RECOMMENDED ACTION City Council approve the agreement for Phase I — Site Selection of the proposed Big League Dreams Sports Park to Big League Dreams Consulting, LLC, for an amount not to exceed $90,000, from account number POO 16-723-516 1.001. Authorize the City Manager, or designee, to execute all documents, subject to City Attorney approval. BACKGROUND The City currently has approximately 240 acres of developed parkland and numerous recreation programs offered to the community. However the City's General Plan requires 5 acres of parkland per 1,000 in population, and based on this requirement, the City currently faces a deficit of over 600 acres of active parkland. Furthermore, since incorporation the City has experienced significant population growth which has impacted recreation services and facilities. To that end, the City desires to evaluate the potential for a multi-purpose recreational Sports Park to ensure the City is able to meet the park and recreational needs of its residents, while at the same time forming an opportunity for sports tourism in the City. The City has engaged in preliminary discussions in relation to the development of a Big League Dreams (BLD) Sports Park in the City of Santa Clarita since 2003. Big League Dreams is focused on building and operating of world-class, family recreational facilities through public-private partnerships. Big League Dreams is best known for their baseball/softball fields that are designed and built as replicas of famous, historic major league stadiums. Youth and adults can play on a replica of Chicago's Wrigley Field, New York's Yankee Stadium, and Boston's Fenway Park. The scope of services includes retaining the services of Big League Dreams to render land and project evaluation, conceptualization, project financing, and consulting services in connection with the site selection of the proposed Sports Park. Staff is also in the process of seeking a consultant to prepare a third -party feasibility analysis and economic impact report for the proposed Big League Dreams Sports Park in the City of Santa Clarita. The request for proposal process, evaluation of proposals, consultant interviews, and selection of the independent firm should be completed and presented to the City Council by early December. The scope of services includes a market study, financial analysis of the proposed operations, and an economic impact analysis of the proposed Big League Dreams Sports Park. Further, staff believes site selection is important to the development of the feasibility study, as the location of the potential park could affect long-term revenue estimates. Therefore, staff is proceeding with both processes in concert with each other. The City has appropriated general funds for the proposed Big League Dreams Sports Park in the adopted Fiscal Year 2007-08 budget. ALTERNATIVE ACTIONS Other action as determined by City Council. FISCAL IMPACT Funds for this expenditure, in the amount of $90,000, have been budgeted in capital account P0016-723-5161.001. ATTACHMENTS Professional Services Agreement Exhibit A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BIG LEAGUE DREAMS CONSULTING, LLC. Contract # This AGREEMENT is entered into this _ day of , 20_, by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ("CITY") and Big League Dreams Consulting, LLC, a California limited liability company C'CONSULTANT"). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed ninety thousand dollars ($90,000) for CONSULTANT's services. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, ftu-nish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate, generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CONSULTANT shall not be obligated to provide any services which may only be provided by holders of professional licenses. CONSULTANT shall provide its expertise with respect to the look, conceptual design and operational aspects of the Sports Park, but shall not be responsible for "plan checking" plans or drawings by licensed architects, engineers, building contractors, or other professionals. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT in writing of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction, which fifteen (15) day period may be extended, if in the determination of the City Manager, or his designee, the cure may not be 7/2006 -1- completed within fifteen (IS) days. CONSULTANT shall commence work in a timely manner to affect the cure and diligently work to complete the cure until it has done so within the extended time period as so required by City Manager, or his designee. Costs associated with curing the deficiencies will be bome by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit monthly invoices which identify the percentage of task completed during the billing period for each major task, as set forth in Exhibit A to CITY as more specifically provided in Exhibit A, Fees Section. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. No work will be conducted or deemed approved unless specifically expressed in writing by CITY. B. During the term of this Agreement, neither CONSULTANT nor any affiliate of CONSULTANT shall consult with respect to or enter any license, maintenance or operations, or other comparable agreement with respect to any recreational sports facility located within thirty (30) miles of the City of Santa Clarita. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7/2006 -2- 8. TERM. The term of this Agreement will be from the effective date to the last day of the sixth month thereafter. Unless otherwise determined by written amendment between the parties, this Agreement thereafter will terminate in the following instances: A. Completion of the work specified in Exhibit "A;" B. Termination as stated in Section 15, 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and CITY gives CONSULTANT a written notice to proceed. Execution and delivery of an original of this Agreement to CONSULTANT by the CITY shall constitute written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the City Manager, or his designee, within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The City Manager, or his designee, will extend the completion time, when appropriate, for the completion of the contracted services, 11. CHANGES. CITY may request changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and CONSULTANT will take reasonable steps to accommodate such changes. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT'S Taxpayer Identification Number is 04-3628561. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY, or by CONSULTANT, of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 7/2006 -3- 15. TERMINATION. A. Either party may terminate this Agreement immediately upon written notice in the event the other files or has an action filed against it for bankruptcy which is not withdrawn or stayed within sixty (60) days. The CITY may terminate this Agreement immediately upon written notice in the event of the dissolution of CONSULTANT. B. (i) If CITY, after (a) receipt of written notice from CONSULTANT specifying the nature of an actual breach of this Agreement and (b) the expiration of a fifteen (15) day period (which shall be extended, as applicable, in the event the cure may not be completed within fifteen (15) days but the CITY timely commences work to effect the cure and diligently works to complete the cure until it has done so during which the breach may be cured, fails, or refuses to remedy the specified breach, the CONSULTANT may terminate this Agreement immediately by giving written notice of termination to the party in breach. (ii) In the event that the CITY notifies CONSULTANT in writing of an actual breach and such breach is not cured within fifteen (15) days from such notice, it will be within the discretion of the City Manager, or his designee, to extend the time to cure; such extension will not be unreasonably withheld. Failure to cure within any extension time provided will permit the City to terminate this Agreement immediately by giving written notice of termination to the CONSULTANT. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Subject to Section 16(B) below, should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I (C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 16. OWNERSHIP OF DOCUMENTS. A. Subject to Section 16(B) below, all documents, data, studies, drawings, maps, models, photographs, and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY may not use CONSULTANT's completed or incomplete work product for purposes other than identified in this Agreement. 7/2006 -4- B. CONSULTANT represents that it (or its affiliates) has a proprietary interest in the look, design, style, shape, color scheme, and architecture of Big League Dreams Sports Parks, including, without limitation, the outfield fences, crowd scenes, and other stadium replica features; concession facility design; and the overall layout of the Big League Dreams Sports Parks (collectively, the "Total Image"). Further, CONSULTANT represents that it (or its affiliates) has certain intellectual property rights in the name "Big League Dreams" and in the Big League Dreams Sports Park logo and marks (collectively the "Name and Marks"). No license of any kind or other conveyance of rights with respect to the Total Image or the Name and Marks is granted to the CITY by the terms or by the performance of this Agreement. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public agency without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this Agreement by CONSULTANT. This indemnity shall not apply to any claims or actions which arise out of or otherwise occur as a result of the negligence or willful acts or omissions of the CrIY or any agent, employee, representative, or contractor of the CITY. This indemnity also shall not apply to any legal challenge to contest this Agreement, any subsequent agreement between the CITY and CONSULTANT or any affiliate of CONSULTANT or any environmental impact report prepared with respect to the property on which the proposed Sports Park would be constructed. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for anyjudgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other cities or counties while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 7/2006 -5- 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same, and to make transcript therefrom, and to inspect all program data, documents, proceedings, and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers Compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined, single -limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "Primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." E. Subject to the notice and cure provisions of Section 3, should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. 7/2006 -6- 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. CONSULTANT shall be authorized to use the subcontractor services of Ballpark Designs, Inc., the principal of which is Ron Odekirk, PK Consultants, Inc., the principal of which is Pat Kight and Bill Russell. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining, and a description of the work to be done before the next scheduled update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Big League Dreams Consulting, LLC 16339 Fairfield Ranch Road Chino Hills, CA 91709 Attention: Scott Parks LeTellier Chief Executive Officer If to CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Attention: Rick Gould Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid, and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B, will be performing a very limited and closely supervised ftinction, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT's work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "I" of the CITY's Conflict of Interest Code: 7/2006 -7- 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employees or its regularly retained subcontractors listed in Section 23, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employees or its regularly retained subcontractors listed in Section 23, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every 'provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30, COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties, There are no other understandings, terms, or other agreements expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's City Manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a Party is delivered by 7/2006 -8- facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either Party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. PROTECTION OF RESIDENT WORKERS. The City of Santa CMta actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. [Signatures on next page] 7/2006 -9- IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. FOR CONSULTANT: BIG LEAGUE DREAMS CONSULTING, LLC. By: Scott Parks LeTellier, Chief Executive Officer Date: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY M City Attorney Date: 7/2006 -10- PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BIG LEAGUE DREAMS CONSULTING, LLC MM".3VIV SCOPE OF SERVICES The CITY hereby retains the services of CONSULTANT to render land and project evaluation, conceptualization, project financing, and consulting services in connection with the site selection of the Sports Park, which advice and consulting services shall include: a. Conceptualization: Review and evaluation of land/site options and assist the CITY in determining the features and amenities of the Sports Park (including site visits). b. Preliminary design: conceptual design and site layout alternatives. c. Financial forecasting: five (5) year and forty (40) year income/expense estimates, d. Assist the CITY in identifying financing options for the identified site(s). e. Economic impact: assist the CITY in developing an analysis of the impact generated by the Sports Park through added jobs, taxes, tourism, etc. f. A written report which includes the analysis of the above items "a — e" will be completed and submitted to the CITY. The CITY will review the draft document segments at the 50% phase, 90% phase, and the 100% phase. FEES For the professional services described herein, the CITY shall pay to CONSULTANT, subject to the termination rights of this Agreement, the sum of ninety thousand dollars ($90,000), payable in six (6) installments of fifteen thousand dollars ($15,000) per month commencing on the first (1") day of the first (1") month after the date of this Agreement and continuing on the first (It) day of each of the next five (5) months thereafter, CONSULTANT must submit to CITY monthly invoices which identify the percentage of task completed during the billing period for each major task identified in the Scope of Services above.