HomeMy Public PortalAboutECO AND ASSOCIATES (CSA) - Professional Services AgreementPROFESSIONAL SERVICES AGREEMENT
By and Between
CARSON SUCCESSOR AGENCY
and
ECO AND ASSOCIATES, INC.
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CARSON SUCCESSOR AGENCY AND
ECO AND ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein" Agreement") is made and
entered into this 1 st day of July, 2016 by and between the Carson Successor Agency ("Agency")
and Eco and Associates, Inc., a California Corporation ("Consultant'). Agency and Consultant
are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred
to as the "Parties").
RECITALS
A. Agency has sought for the performance of the services defined and described
particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services
defined and described particularly in Article 1 of this Agreement, was selected by the Agency to
perform those services.
C. Agency has authority to enter into and execute this Agreement.
D. The Parties desire to fonnalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terns and conditions of this Agreement, the Consultant shall provide
those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the Agency entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Consultant covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice recognized by
one or more first-class firms performing similar work under similar circumstances.
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1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work in Consultant's proposal
and shall be incorporated herein by this reference as though fully set forth herein. In the event of
any inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Carson
and any Federal, State or local governmental entity having jurisdiction in effect at the time service
is rendered.
1.4 Licenses Pen -nits Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
hannless Agency, its officers, employees or agents of Agency, against any such fees, assessments,
taxes penalties or interest levied, assessed or unposed against Agency hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the Agency of such fact and shall not proceed except at Agency's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by Agency, except such losses or
damages as may be caused by Agency's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
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of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
Agency shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or in the time to perforin of up to one hundred eighty
(180) days may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively must be approved by the Agency Board. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. Agency
may in its sole and absolute discretion have similar work done by other contractors. No claims for
an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other
provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, Agency agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifteen Thousand Dollars ($15,000) (the "Contract Sum"), unless
additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved in writing by the Contract
Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to
Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall
include the attendance of Consultant at all project meetings reasonably deemed necessary by the
AGENCY. Coordination of the performance of the work with City is a critical component of the
services. If Consultant is required to attend additional meetings to facilitate such coordination,
Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to Agency an original invoice for all work perforined
and expenses incurred during the preceding month in a form approved by Agency's Executive
Director. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary
and actual expenses by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed
by such categories. Consultant shall not invoice Agency for any duplicate services performed by
more than one person.
Agency shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by Agency, or as provided in Section 7.3. Agency will use its best efforts to
cause Consultant to be paid within thirty (30) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to Agency warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the event
any charges or expenses are disputed by AGENCY, the original invoice shall be returned by
Agency to Consultant for correction and resubmission. Review and payment by the Agency of
any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies
provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
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reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the AGENCY, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for perfonning the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the AGENCY for any delay in the perfonnance of this
Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding twenty-
four (24) months from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith: _
Mitra Fiuzat President
(Name) (Title)
Mohammad Estiri Project Director
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principals were a substantial inducement for Agency to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive
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direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Consultant without the express
written approval of Agency. Additionally, Consultant shall utilize only competent personnel to
perform services pursuant to this Agreement. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement. Consultant shall notify Agency of any
changes in Consultant's staff and subcontractors, if any, assigned to perform the services required
under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind Agency in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by Agency. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of Agency. Neither Consultant, nor any of Consultant's
officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits
which may otherwise accrue to Agency's employees. Consultant expressly waives any claim
Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Executive Director.
It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and the Consultant shall refer any decisions which
must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval
of Agency required hereunder shall mean the approval of the Contract Officer. The Contract
Officer shall have authority, if specified in writing by the Executive Director, to sign all documents
on behalf of the Agency required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the Agency nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. Agency shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly
independent contractor with only such obligations as are consistent with that role. Consultant shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of Agency. Agency shall not in any way or for any purpose become or be deemed to
be a partner of Consultant in its business or otherwise or a joint venture or a member of any joint
enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
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The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the Agency to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perforin in whole or in part the services
required hereunder without the express written approval of the Agency. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of Agency. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent (25%)
of the present ownership and/or control of Consultant, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of Agency.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to Agency, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of Agency:
(a) Commercial General Liability Insurance (ISO Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Workers Compensation Insurance. A policy of workers compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant's services or the termination of this Agreement.
During this additional 5 -year period, Consultant shall annually and upon request of the AGENCY
submit written evidence of this continuous coverage.
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(e) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and the CGL and
Automobile policies shall name the Agency, its elected and appointed officers, employees and
agents as additional insureds and any insurance maintained by Agency or its officers, employees
or agents shall apply in excess of, and not contribute with Consultant's insurance. The insurer is
deemed hereof to waive all rights of subrogation and contribution it may have against the Agency,
its officers, employees and agents and their respective insurers. The insurance policy must specify
that where the primary insured does not satisfy the self-insured retention, any additional insured
may satisfy the self-insured retention. All of said policies of insurance shall provide that said
insurance may not be amended or cancelled by the insurer or any party hereto without providing
thirty (30) days prior written notice by certified mail return receipt requested to the Agency. In
the event any of said policies of insurance are cancelled, the Consultant shall, prior to the
cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the
Contract Officer. No work or services under this Agreement shall commence until the Consultant
has provided the Agency with Certificates of Insurance or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are
approved by the Agency. Agency reserves the right to inspect complete, certified copies of all
required insurance policies at any time. Any failure to comply with the reporting or other
provisions of the policies including breaches or warranties shall not affect coverage provided to
Agency.
All certificates shall name the Agency as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
gents Initials
Agency, its respective elected and appointed officers, directors, officials, employees,
agents and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises owned,
occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to Agency,
and their respective elected and appointed officers, officials, employees or volunteers.
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Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by Agency.
At the option of Agency, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects Agency or its respective elected or appointed officers, officials,
employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration, defense expenses and claims. The Consultant
agrees that the requirement to provide insurance shall not be construed as limiting in any way the
extent to which the Consultant may be held responsible for the payment of damages to any persons
or property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to
Agency.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the Agency, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable ("indemnors"), or arising from Consultant's reckless or
willful misconduct, or arising from Consultant's or indemnors' negligent performance of or failure
to perform any term, provision, covenant or condition of this Agreement, and in connection
therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the Agency,
its officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the Agency, its officers, agents, and
employees harmless therefrom;
(c) In the event the Agency, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the Agency, its officers,
agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents
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or employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of Agency to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of Agency's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from Agency's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Executive Director due to unique
circumstances. If this Agreement continues for more than 3 years duration, or in the event the
Executive Director determines that the work or services to be perfonned under this Agreement
creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum
limits of the insurance policies may be changed accordingly upon receipt of written notice from
the Executive Director.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of Agency, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the Agency shall have access to such records
in the event any audit is required. In the event of dissolution of Consultant's business, custody of
the books and records may be given to AGENCY, and access shall be provided by Consultant's
successor in interest.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of Agency and shall be delivered to Agency upon request of the
Contract Officer or upon the tennination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by Agency of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the Agency's sole
risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend
to such use, reuse or assigmnent. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to Agency of any documents or materials prepared by them, and in the
event Consultant fails to secure such assignment, Consultant shall indemnify Agency for all
damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in perfonnance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than Agency without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the
Agency Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work perfonned under
this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives Agency notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then Agency
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys' fees, caused by or incurred as a result of Consultant's conduct.
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(d) Consultant shall promptly notify Agency should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. Agency retains the right, but has no obligation, to represent Consultant or
be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with Agency and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by Agency to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. 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 Riverside, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in Riverside.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the Agency
shall not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the Agency may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
Agency shall hold all invoices and shall proceed with payment on the invoices only when the
default is cured. In the alternative, the Agency may, in its sole discretion, elect to pay some or all
of the outstanding invoices during the period of default. If Consultant does not cure the default,
the Agency may take necessary steps to terminate this Agreement under this Article. Any failure
on the part of the Agency to give notice of the Consultant's default shall not be deemed to result
in a waiver of the Agency 's legal rights or any rights arising out of any provision of this
Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes Agency to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate Agency for any losses, costs, liabilities,
or damages suffered by Agency, and (ii) all amounts for which Agency may be liable to third
parties, by reason of Consultant's acts or omissions in performing or failing to perfonn
Consultant's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, Agency may withhold from any payment due,
without liability for interest because of such withholding, an amount sufficient to cover such claim.
The failure of Agency to exercise such right to deduct or to withhold shall not, however, affect the
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01007.0515/257906.1
obligations of the Consultant to insure, indemnify, and protect Agency as elsewhere provided
herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by Agency of any work or services by Consultant shall not constitute a waiver of any
of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy
by a non -defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The Agency reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to Agency, except that where termination is due to the fault of the Agency,
the period of notice may be such shorter time as the Consultant may determine. Upon receipt of
any notice of termination, Consultant shall immediately cease all services hereunder except such
as may be specifically approved by the Contract Officer. Except where the Consultant has initiated
tennination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
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01007.05151257906.1
this Section, the terminating party need not provide the non-tenninating party with the opportunity
to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If tennination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, Agency may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the Agency shall use reasonable efforts to mitigate
such damages), and Agency may withhold any payments to the Consultant for the purpose of set-
off or partial payment of the amounts owed the Agency as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or 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 attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred 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.
ARTICLE 8. AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of AGENCY Officers and Employees.
No officer or employee of the Agency shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the Agency or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of Agency or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of Agency in
the performance of this Agreement.
No officer or employee of the AGENCY shall have any financial interest, direct or indirect,
in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any State
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01007.0515/257906.1
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01007.0515/257906.1
statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should the any liability or sanctions be unposed against Agency for such use of unauthorized
aliens, Consultant hereby agrees to and shall reimburse Agency for the cost of all such liabilities
or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by
Agency.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class snail, in the case of the AGENCY, to the Executive
Director and to the attention of the Contract Officer, Carson Reclamation Authority c/o City of
Carson 701 E Carson Street, Carson, California 90745 and in the case of the Consultant, to the
person at the address designated on the execution page of this Agreement. Either party may change
its address by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two (72) hours from the time of
mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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01007.0515/257906.1
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01007.05151257906.1
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01007.05151257906.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
�DonesiaL. Gause, CMC
Authority Secretary
APPROVED AS TO FORM:
ALESHIRE,.& WYNDER, LLP
oltdt Authority Counsel
CARSON SUCCESSOR AGENCY:
Albert Robles, Chairman
CONSULTANT:
Eco & Associates Inc.
By: ��4 _7
Name: Mitra Fiuz
Title: Preside`
Dame: Monammaci t✓�
Title: Project Director
Address: 1855 W Katella Ave.
Suite 340
Orange, CA. 92867
Two signatures are required if a corporation.
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S
BUSINESS ENTITY.
01007.0515/257906.1
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
Onpi before me,
U (I
personally appeared
S.S.
1.L s>4'- W-"-&je-0g
W, cr- ,
Name of Notary Public, Title
Y ` Lit
t` Name of Signer (11
Na rme of Sioner (2)
who proved to me on the basis of satisfactory evidence to be the personQszDvhose name
*dRubscribed tot within instrument an knowledged to me th *e/�xecuted
the same in Wh their uthorized capac[I ies and that by hd/h their ignatur se n the
instrument the perso s r the entity upon be alf of which the perso s acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
'-4� W"&c)s
Signature of Notary Public
OPTIONAL INFORMATION
:. COMM #►2122188
Notary Public - CaRkmia c
2�
= Comm UP. 2, 2019
Although the information In this section is not required by lase, it could prevent fraudulent removal and reattachment of
this acknowledgment to atr unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a I Method of Signer Identification
document titled/for the purpose of D'•" p' z—/
( Ksa�1 SO c c.c SSa2 1 � U G
containing �pages, and dated -7_8/t l So t
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney- Offi t
B''�orporate Officer(s) �
❑ Guardian/Conservator
❑ Partner- Limited/General
❑ Trustee(s)
❑ Other.
representing:
Proved to me on the basis of satisfactory evidence:
Oorm(s) of identification ❑ credible witness(es)
Notarial event is detailed in notary journal on:
Page # I *t) Entry # 44 -
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
10
,20fii9-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at wwnw.TheNotarysStore com
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
At the direction of the Agency's Contract Officer the Consultant shall provide
environmental consulting services, including preparation of environmental site assessments,
peer review of environemntal reports and contracts, and other environemntal consulting
services as may be requested by the Contract Officer.
01007.0515/2579061
EXHIBIT "B"
SPECIAL REQUIREMENTS
None.
01007.0515/257906.1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Consultant shall provide the services stated in Exhibit A on an as -needed basis. The
maximum contract amount is a not -to -exceed amount of $15,000 unless the contract
amount is modified pursuant to Section 1.8 of this Agreement.
01007.0515%257906.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall make reasonable efforts to perform the following Services in
accordance with the following schedule:
Exhibit A
Time to Perform
2 Year
Contract
Expiration
06/30/18
H. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. None
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01007.0515(257906.1
CITY OF CARSON 701 East Carson Street
File #: 2016-644, Version: 1
Report to Successor Agency
Tuesday, June 21, 2016
Consent
SUBJECT:
CONSIDER AUTHORIZING THE USE OF ON-CALL CONSULTANTS TO PROVIDE
SPECIALIZED SERVICES FOR THE CARSON SUCCESSOR AGENCY ON AN AS -
NEEDED BASIS FOR FY 2016-17 THROUGH FY 2017-18, INCLUDING CM DE CRINIS
& CO., INC. FOR BOND AND CFD ANALYSIS IN A TWO YEAR AGREEMENT NOT TO
EXCEED $20,000; ECO & ASSOCIATES FOR ENVIRONMENTAL PEER REVIEW IN A
TWO YEAR AGREEMENT NOT TO EXCEED $15,000; EICHEL & ASSOCIATES FOR
REAL ESTATE APPRAISAL SERVICES IN A TWO YEAR AGREEMENT NOT TO
EXCEED $15,000; GOEPPNER & ASSOCIATES FOR REAL ESTATE APPRAISAL
SERVICES IN A TWO YEAR AGREEMENT NOT TO EXCEED $15,000; KEYSER
MARSTON & ASSOCIATES FOR REAL ESTATE FISCAL ANALYSIS IN A TWO YEAR
AGREEMENT NOT TO EXCEED $20,000; PSOMAS FOR PROFESSIONAL LAND
SURVEYING SERVICES IN A TWO YEAR AGREEMENT NOT TO EXCEED $20,000;
DHA CONSULTING FOR FINANCIAL ANALYSIS AND ASSISTANCE IN THE
PREPARATION OF THE REQUIRED ROPS IN A TWO YEAR AGREEMENT NOT TO
EXCEED $35,000 CONSIDER AUTHORIZING THE USE OF VARIOUS CONSULTANTS
TO PROVIDE SPECIALIZED SERVICES FOR THE CARSON (SUCCESSOR AGENCY)
I. SUMMARY
The Carson Successor Agency (Agency) is being asked to enter into agreements for the
services of several consultants to implement the goals of the Agency. Staff will need to
continue to work with these consultants to implement the management and sale of the
Agency -owned properties per the Department of Finance approved long range property
management plan (LRPMP). The services of each of these consultants might not be used
but will be available to Agency staff as projects are implemented in the most time sensitive
manner possible.
Per the Agency's direction, this request was made six months in advance and approved at
the Agency's regular meeting on December 15, 2015. The consultant contracts are being
brought back to the Agency for consideration at this time.
II. RECOMMENDATION
CITY OF CARSON
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File #: 2016-644, Version: 1
TAKE the following actions:
1. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
CM de Crinis & Co. Inc. in the amount of $20,000.00, which shall be in substantially the
same form as the agreements attached hereto, after approval as to form by the Agency
Counsel,
2. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
DHA Consulting in the amount of $35,000.00, which shall be in substantially the same
form as the agreements attached hereto, after approval as to form by the Agency
Counsel.
3. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
Eco & Associates in the amount of $15,000.00, whichshallbe in substantially the same
form as the agreements attached hereto, after approval as to form by the Agency
Counsel.
4. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
Eichel & Associates in the amount of $15,000.00, which shall be in substantially the
same form as the agreements attached hereto, after approval as to form by the Agency
Counsel.
5. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
Goeppner & Associates in the amount of $15,000.00, which shall be in substantially the
same form as the agreements attached hereto, after approval as to form by the Agency
Counsel.
6. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
Keyser Marston & Associates in the amount of $20,000.00, which shall be in
substantially the same form as the agreements attached hereto, after approval as to,
form by the Agency Counsel.
7. AUTHORIZE the Agency Chairman to sign the agreements for consulting services with
Psomas in the amount of $20,000.00, which shall be in substantially the same form as
the agreements attached hereto, after approval as to form by the Agency Counsel.
8. AUTHORIZE the Executive Director to execute the necessary documentation to
implement the work orders as required.
111. ALTERNATIVES
TAKE another action the Agency Board deems appropriate.
IV. BACKGROUND
In the past the Successor Agency has contracted with numerous specialized consultants to
assist in implementing its goals. The Agency still has a need for the same type of
specialized consultants, albeit fewer of them than in the past, to help with the interim
management and ultimate sale of the Agency -owned properties.
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File #: 2016-644, Version: 1
To date, the LRPMP has been implemented by staff. The specialty services of these
consultants will be available to staff on an as -needed basis.
The LRPMP includes the following properties and activities. Several of these are expected
to be disposed of in the next fiscal year:
• 24219 South Avalon Boulevard - 0.23 acres
• 20820 South Main Street - 0.58 acres (expect an offer from developer).
® 17505 South Main Street - 0.66 acres (proposed City use).
• 2254 East 223rd Street - 5.5 acres (under contract).
® 600 West Carson Street - 0.39 acres (ENA).
• 526 West Carson Street & 21704 Figueroa Street - 0.37 acres
• Agency administration, financial planning, property management and accounting.
The following list contains the proposed consulting firms and their expertise. It should be
noted that other consultants may be needed as Agency projects are implemented. Any
additional consultant services will be brought forth individually by project.
FIRM
SERVICES
ACTION
AMOUNT
CM de Crinis &
Reviews debt structure, financial
Two-year
$20,000.00
Co. Inc.
resources and proposed revenue
Agreement
sources, including bonds. Works
on CFDs for the Boulevards and
assists in the preparation of short
term and long-term financial
projections, etc. (Exhibit No. 1)
DHA
Real estate fiscal and financial
Two-year
$35,000.00
Consulting,
analysis as requested, including:
Agreement
LLC
preparation of Agency reports,
ROPS analysis and assistance;
tax increment revenue analysis
and projections; etc. (Exhibit No.
2)
Eco & Assoc.
Provides environmental peer
Two-year
$15,000.00
review services. (Exhibit No. 3)
Agreement
Eichel &
Provides land appraisal services.
Two-year
$15,000.00
Associates
(Exhibit No. 4)
Agreement
VGsoeppner &
Provides land appraisal services.
wo-year
�greement
$15,000.00
sociates
(Exhibit No. 5)
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File #: 2016-644, Version: 1
Keyser
Provides real estate fiscal and
Two-year
$20,000.00
Marston &
financial analysis as requested in
Agreement
Associates
connection with Agency projects,
including but not limited to:
outstanding Notes, property
sales, etc. (Exhibit No. 6)
Psomas
Provides professional land
Two-year
$20,000.00
surveying services, including:
greement
ALTA surveys, record surveys, lot
line adjustments, parcel maps,
tract maps, etc. (Exhibit No. 7)
Finally, staff recommends contracting with the proposed consultants for the next two fiscal years.
The amounts listed above cover the two year period.
V. FISCAL IMPACT
Funds for the needed consulting services are included in the Agency's FY 2016-17
Recognized Obligation Payment Schedule (ROPS). For the second year of the contracts,
funds will be included in the Agency's FY 2017-18 ROPS.
VI. EXHIBITS
1. Agreement for Consulting Services with CM de Crinis & Co., Inc. (pgs.5-28)
2. Agreement for Consulting Services with DHA Consulting, LLC. (pgs.29-52)
3. Agreement for Consulting Services with Eco & Associates. (pgs.53-76)
4. Agreement for Consulting Services with Eichel & Associates. (pgs.77-100)
5. Agreement for Consulting Services with Goeppner & Associates. (pgs.1 01 -124)
6. Agreement for Consulting Services with Keyser Marston & Associates. (pgs.125-148)
7. Agreement for Consulting Services with Psomas. (pgs.149-172)
Prepared by: Amelia Soto, Project Manager
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