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HomeMy WebLinkAbout7/21/1999 - STAFF REPORTS (2) DATE: JUNE 30, 1999 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: MANAGER OF ECONOMIC PROGRAMS APPROVAL OF A CONTRACT FOR THE CONTINUATION OF THE VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER RECOMMENDATION: That the Agency approve an Agreement for Contract Services for Fiscal Year 1999-2000 with Jerry Ogburn dlb/a REDACZ for the continuation of the Village of Palm Springs Development Center and the management of six(6)Redevelopment project Areas in the Palm Canyon Drive-Indian Canyon Drive corridor BACKGROUND: The City Council approved the attached Agreement at its June 16, 1999 meeting, but without the requested 3.7'/o increase($5,000), since the additional amount was not in the Agency budget approved earlier in June. Council asked staff to bring back the Agreement with a Budged Amendment covering the increase. Since the funding for the contract is covered by the Community Redevelopment Agency, it is simpler to have the Agency approve the Contract as originally proposed(though now changed to the Community Redevelopment Agency instead of the City), as well as a budget amendment, and have the Council rescind its previous approval of the Contract. An Agency budget amendment, as well as a revised Contract,is included. The Council will take action on the r�ecission during its portion of the meeting. gg U Ec w ic1by Manager PROVED ❑ DECLINED Approved ity Manag Attachments 1. Resolution No. 2. Revised Contract 3. Budget Amendment mob, c raha AGREEMENT FOR CONTRACT SERVICES: VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER FISCAL YEAR 1990-2000 THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"). is made and entered into by and between the THE PALM SPRINGS COM- MUNITY REDEVELOPMENT AGENCY, (herein "Agency"), a municipal cor- poration, and Jerry Allen Ogburn/dba REAL ESTATE DEVELOPMENT AND CONSULTING CORPORATION (REDAC2) (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall: perform as Director of the Village of Palm Springs Development Center and Project Manager within the siz (6) Redevelopment Project Areas indicated in Exhibit "A" attached hereto and incorporated herein by reference ("Project Area") to- gether with and providing technical assistance to the Redevelopment Agency. The specific services and work to be performed by Contractor are more particularly set forth In Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Services"). Contractor shall perform the services set forth in the Scope of Services within the offices provided to it at 109 South Indian Canyon Drive, Palm Springs, California, 92262 ("Project Office"). Contractor shall furnish and operate a Downtown De- velopment Center In the Project Office. In performing the services set forth in the Scope of Services, Contractor shall work directly with Agency staff and shall consult with the Main Street Organization, the Uptown Palm Springs Association, the Palm Springs Economic Development Cor- poration, property owners and merchants located within the identified Project Areas. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Agency and any Federal, State or local gov- ernmental agency having jurisdiction in effect at the time service is ren- dered. 1.3 Familiarity with Work. By executing this Contract, Con- tractor warrants that Contractor (a) has thoroughly investigated what services should be performed, (b) has carefully considered how those services should be performed, and (c) fully understands the difficulties and restrictions affecting performance of the services under this Agree- ment. Contractor warrants that Contractor has Investigated the designat- ed Project Areas and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. 1.4 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protec- tion to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or dam- ages. 1.5 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obliga- tions under this Agreement. Both parties agree to act in good faith to ex- ecute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the sere ice of the other. Ogburn Contract I999-2000 Page Two 1.6 Additional Services. Agency shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering or adding to this work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (if) the time to per- form this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of five percent (5%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Offic- er. Any greater increases, taken either separately or cumulatively must be approved by the Agency. 2.0 PERFORMANCE SCHEDULE 2.1 Time of Essence. Time is of the essence in the perfor- mance of this Agreement. 2.2 Schedule of Performance. The services to be performed by Contractor under the terms of this specific Agreement for Contract Services shall commence on July 1, 1999 and shall terminate on June 30, 2000. Exhibit "C" attached hereto and incorporated herein by reference ("Schedule of Performance") sets forth the services set forth in the Scope of Services to be performed by Contractor. The Schedule of Performance also sets forth any additional times for performance. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Offlcer but not exceeding one hundred eighty (180) days cumulatively. 2.9 Force Msieure. The time period(s) specified in the ' Schedule of Performance for performance of the services rendered pursu- ant to this Agreement shall be extended because of any delays due to un- foreseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epi- demics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Agency, it the Contractor 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's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to re- cover damages against the Agency for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.0 COMPENSATION 3.1 Contract Sum. For the specified services, the City shall pay the the Contractor for the performance of the services set forth herein, the sum of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000.00) Montract Sum' . The Contract Sum shall be payable based upon the hours of actual work assigned to each task set forth in the Scope of Services (Exhibit B), billed at the hourly rate of $70.00. The total amount payable for each task is set forth in the Schedule of Per- formance. c COL •3 Ogburn Contract 1999-2000 Page Three CMULLur 8.2 Method of Payment. In any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the Agency an invoice for services rendered prior to the date of the invoice. The invoice shall set for the the hours of actual work effort assigned to each task for which the Contrac- tor wishes to receive payment, the amount previously paid for said task and the amount to be paid for said task during the current billing period. The invoice shall be accompanied with any supporting documentation re- quested by the Executive Director or his designee and the report set forth in Section 6.1 below. Agency shall pay Contractor for all expenses stated thereon which are approved by Agency pursuant to this Agreement no lat- er that the last working day of the month. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. Jerry A. Ogburn is hereby designated as being the principal and representative of Contractor au- thorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principal may not be re- placed nor may his responsibilities be substantially reduced by Contrac- tor without the express written approval of Agency. 4.2 Contract Officer. The Executive Director, or such per- son as may be designated by the Executive Director, shall be the Contract Officer of the Agency. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the perfor- mance of the services and the Contractor shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise speci- fied herein, any approval of Agency required hereunder shall mean the ap- proval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting dr Assignment. The experience, knowledge, capability and reputation of the representa- tive of the Contractor, were a substantial inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required here- under without the express written approval of the Agency. Neither this Agreement nor any interest herein may be transferred, assigned, con- veyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior writ- ten 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 Con- tractor, taking all transfers into account on a cumulative basis. In the ev- ent of any such unapproved transfer, including any bankruptcy proceed- ing, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of Agency. Ogburn Contract 1999-2000 Page Four 4.4 Ezelusivity of Contract with Agency. As the work pro- gram contained herein is for approximately 2,000 hours, which is virtual- ly a full time assignment, Agency is concerned that Contractor not take on additional projects with significant time demands nor that Contractor take on work which would create conflicts of interest. Accordingly, Con- tractor shall not accept other contracts involving more than 10 hours of work without the review and approval of the Contract Officer. 4.5 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, 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 Contractor's em- ployees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor 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. Contractor 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 Contractor in its busi- ness or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 IINSURANCE. INDEMDIIFICATION AND BONDS 5.1 Insurance. The Contractor 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: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence ba- sis in an amount not less than $1,000,000.00 combined single limit. (b) Automotive Insurance. A policy of comprehensive auto- mobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall in- clude coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name the agency, its officers, employees and agents as additional insur- eds. The insurer shall waive all rights of subrogation and contribution it may have against the Agency, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the Agency. In the ev- ent any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in con- formance with this Section 5.1 to the Contract Officer. No work or servic- es under this Agreement shall commence until the Contractor has provid- ed the Agency with Certificates of Insurance or appropriate insurance bin- ders evidencing the above insurance coverage and said Certificates of In- surance or binders are approved by the Agency. C if dt,& 9burn Contract 1999-2000 Cam..&-` Page FYve In the event the Contractor subcontracts any portion of the work in com- pliance with Section 4.3 the Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the damages to any persons or property resulting from the Contractor's activities or the ac- tivities of any person or persons for which the Contractor is otherwise re- sponsible. 5.2 Indenmifieation. Contractor agrees to indemnify the Agency, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, er- rors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in con- nection with the negligent performance of the work, operations or activi- ties of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent performance of or fai- lure to perform any term, provision covenant or condition of this Agree- ment, whether or not there is concurrent passive or active negligence on the part of the Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful mis- conduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, and in connection therewith. (a) Contractor will defend any action or actions filed in con- nection with any of said claims or liabilities and will pay all costs and ex- penses, including legal costs and attorneys fees incurred in connection therewith; (b) Contractor 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 perfor- mance of or failure to perform such work, operations or activities of Con- tractor hereunder, and Contractor 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 Con- tractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, opera- tion or activities of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Sufficiency of Insurer. The policy of insurance required by this Agreement shall be satisfactory only if issued by companies quali- Bed to do business in California. rated "A" or better in the most recent edition of Best Rating Guide, The Hey Rating Guide or in the Federal Reg- ister, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Agency due to unique circumstances. In the event the Risk Manager of Agency ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Agency, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manag- er; provided that the Contractor shall have the right to appeal a determi- nation of increased coverage by the Risk Manager to the Agency within 10 days of receipt of notice from the Risk Manager. Ogburn Contract 1999-2000 Page Six 6.0 RECORbS AND REPORTS 6.1 Reports. Contractor shall periodically , but not less than monthly, prepare and submit to the Contract Officer such reports con- cerning the performance of the services required by this Agreement as the Contract Officer shall require. Said report shall set forth the Cost of all the Work performed during the previous month, the progress on all services rendered during the month and the percentage of completion of each item set forth in the Scope of Services. 6.2 Records. Contractor shall keep such 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 serv- ices. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Agency, includ- ing the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the Agency shall have access to such records in the event any audit is re- quired. 6.3 Ownership of Doeuments. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Agency and shall be delivered to Agen- cy upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such,completed documents for other projects and/or use of uncomplet- ed documents without specific written authorization by the Contractor will be at the Agency's sole risk and without liability to Contractor, and the Agency shall indemnify the Contractor for all damages resulting there- from. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages resulting therefrom. 6.4 Release of Doca ants. The drawings, specifications, re- ports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accor- dance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agree- ment shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Ogburn Contract 1999-2000 Page Seven 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of Its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring par- ty commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be nec- essary. Compliance with the provisions of this Section shall be a condi- tion precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.6. 7.3 Waiver. 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. A party's consent to or approval of any act by the other party requiring the parry's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other de- fault concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with re- spect 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 oth- er rights or remedies for the same default or any other default by the oth- er party. 7.5 Legal Action. In addition to any other rights or reme- dies, either party may take legal action, in law or in equity, to cure, cor- rect or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunc- tive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically pro- vided in the following Section for termination for cause. The Agency re- serves the right to terminate this Agreement at any time, with or without cause, upon ninety (90) days written notice to Contractor. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon thirty (30) days written notice to Agen- cy. Upon receipt of any notice of termination, Contractor shall imme- diately cease all services hereunder except such as may be specifically ap- proved by the Contract Officer thereafter in accordance with Section 1.6 above or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this Section, the terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7.2. Ogburn Contract 1999-2000 Page Eight 7.7 Attorneys' Fees. If either party to this Agreement is re- quired 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 ac- tion or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorneys fees shall include attorney's fees on any appeal, and in addition a party entitled to attorneys 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 liti- gation. 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. 8.0 AGENCY OFFICERS A EMPLOYERS: NON-DISCRIMINA- TION 8.1 Non-liability of Agency Officers and Employees. No of- ficer or employee of the Agency shall be personally liable to the Contrac- tor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the Agen- cy 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 inter- est of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. Contractor coven- ants 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, marital status, national origin, or ances- try in the performance of this Agreement. Contractor shall take affirma- tive action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, re- ligion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, cons- ent, 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 mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agree- ment. 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. Ogbum Contract C .&. ,O 1999-2000 Page Nine 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 other- wise apply. 9.3 Integration; Amendment. 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 negotia- tions, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agree- ment may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 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 unen- forceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby de- clared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its in- validity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agree- ment on behalf of the parties hereto warrant that (i) such party is duly or- ganized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (lii) by so executing this Agree- ment, 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY By: By: City Clerk Executive Director CONTRACTOR: Jerry Allen Ogburn/ dba Real Estate Development and Consulting CorporaZ By: 1 e Allen Ogbu , Director Dated: eta`, a of P Dev opment Center 1 South Canyon Drive Palm Springs, A 92262 EXHIBIT NX PROJECT AREA I RACOUETCLUBROAD Z VISfACHINO AIM" r NORTH P N ALEJO ROAD h y� CENTRAL 0 IES w 5 8 - _y °k,Y• SOUTH PAM .fl4E�, PALM AR 1 ` Y Y Y Y • •Y r r Y. EXHIBIT "B": 'Ca h ern. SCOPE OF SERVICES FY 1999-2000 7be Development Center began during the middle of Fiscal Year 1990.91. Thus, this agreement marks the start of the ninth year of progress In the Palm Canyon Drive-Indian Carryon Drive commercial corridor Ihroto the heart of Palm Springs as a result of This annualized program. The intent of tints year's agreement is to Aulher establish the basis for a planned five year program to continue and expand upon this progress within this corridor. The purpose of this overall Work Program is to provide a cohesive economic development strategy and direction for six(6) key Redevelopment Project Areas within the City of Palm Springs. 'lhese areas, in combhuMon, form a north- south corridor centered on Palm Canyon Drive and Indian Canyon Drive. His- torically, this corridor has functioned as the primary commercial and business spine of the community. The Mission Slafement which is to guide this overall effort is stated as follows: "Provide a cohesive, consensus building partnership among project area and community interest groups in order to implement specific programs and pro- jects which will strengthen the economic base of the community In a timely and efficient manner." Economic development activities will focus upon marketing and patron aware- ness, business retention and expansion, and special events and attractions. Physical development emphasis will be placed on properly maintenanoe and upgrades, redevelopment and new cwnhstrucdom With this overview, The specific Task Descriptions included within this Scope of Services for Fiscal Year 1999-2000 are presented as follows: Task 01: Manager for Six (6) Redevelopment Project Areas Wil hin ibis task, the Contractor will provide overall Project Area planning, pro- gramming and management services for the six (6) Redevelopment Prated Ar- eas identified in Exhibit "A" of this Agreement. This is to include mordloring and updadng of Me Redevelopment Plans for each area as required as well as haddng the financial status of each of these areas. A "State of the Downtown" report, covering the Central Business District RDA, will recommend action plans to be submitted to the City Manager by September 30, 1998. in addition to the Central Business District Project Area, the Contractor will include the first tier of parcels on the east side of Wien Canyon Drive between Alejo Road on The north and Ramon Road on the south. Other Redevelopment Project Areas in- cluded within the scope of this agreement include: North Patin Canyon; South Palm Canyon; Oasis, Subareas "A" and "B" of Area Nine; and Area 71en. Close coordination will also be maintained with the CRA staff and/or consultants In re- gard to low and moderate income housing issues and projects in each of the Redevelopment Project Areas. l:�cfnibil "l3" 1999.20(1U I1W.. 71U0 Task 02: Manager of Main Street - Palm Springs The Contractor is to provide the necessary technical and administrative services to the Main Street Board of Directors and Technical Advisory Committee per the approved Main Street annual work program. This includes, but is not limited to, the following: preparation of an annual work program; preparation and dis- tribution of Agendas for monthly Board meetings; preparation of draft minutes of all meetings and circulation for review by the Board Secretary; supervision of all marketing efforts and special events sponsored by Main Street recruitment of Main Street Corporate Sponsors, and the provision of office administration services, equipment and supplies to support the Main Street organization. The results of this work lack will be documented in the minutes of each monthly meeting of the Main Street Board of Directors. The work within this task is to be limited to the Central Business District and Oasis Redevelopment Project Areas (# 1 & 5) plus the first der of parcels on the east side of Indian Canyon Drive between Alejo Road on the north and Ramon Road on the south. Task 03: Manager of Uptown Palm Springs Association 'the Contractor will provide the necessary technical and administrative services to the Board of Directors of the Uptown Palm Springs Association (UPSA) within this task. 'Ibis Includes, but is not limited to, the following: preparation of a mission statement and annual work program; preparation and circulation of Agendas for all association meetings; preparation of notes relevant to all meet ings; supervision of all marketing efforts and special events involving UPSA; and the provision of necessary office administration services, equipment and sup. plies to support the Uptown Association. The results of this work task will be docinnented In the notes covering each UPSA meeting, one key activity within Oils task will be the continued marketing of the 'Heritage Galleries and Andque District"within the Uptown area Also, emphasis will be placed on Implementing "Recapture Our Neighborhoods" priorities established by the Uptown Board as well as various Improvements prcjecxs identified for this area in the Agency budget, Including Heritage 'frail and Frances Stevens Park improvements. The work within this task Is to be limited to the North Palm Canyon Project Area(#6). Task 04: Business Development & Expansion Program Within this task, the Contractor will provide technical assistance In order to facW- lafe the retention and expansion of existing businesses as well as the attraction of businesses to the six (6) Redevelopment Project areas. Active contact and response emphasis will be placed upon business retention and expansion as well as the recruitment of specific target businesses to Palm Springs. Monthly progress reports will be submitted. Technical services are to Include: creation of marketing materials; creation and updating of available sites/ building space inventory; site and building selection assistance; expediting of processing for City approvals; design and site planning assistance; and preliminary marketing programs for new businesses. Property owners and/or their designated agents within the six (6) areas will be Included within an ongoing networking program to fill vacancies with viable tenants, and coordi nadng this program with a prop- erty upgrade program Emphasis will be upon preparing and Implementing a retail attraction and expansion program focused upon anchor tenants, Including coordination with the Palm Springs Corporation for Economic Development. cm -A• 13 E tvbit B tW9-2 X) e( . )y l rx Firm' Task 05: Management of Agency-Owned Properties The Contractor shall manage all Agency-owned properties within the identified six (6) Redevelopment Project areas, including supervision of all tenant leases, management of properly maintenance and approved renovation activities, as well as the disposition of CRA-designated properties. Progress reports will be provided, as required, to the City Manager In regard to this task Task 06: Targeted Economk: Development Projects VMthin this task, the Contractor will work to implement the following special as- signments within the context of this overall work effort: Uptown tJghdng Pro- gram and Streetscape improvements on Palm Canyon Drive; construction su- pervision of the "Heritage '!rail"p &,, master plan and development program for the Frances Stevens Fine Arts Academy; continuation and update of Down- town Marketing Brochure and Fad Sheet Program; continuation and update of Uptown Marketing Brochure and Fact Sheet Program; coordination of the revi- lalization process for the Desert Fashion Plaza;and site development plans/1hct sheets for up to six(6) Catalyst Projects within the six(6) Redevelopment Praded Areas. Initially defined catalyst projects Include: 1) S(udured Parking/ Mixed Use Development Projed in the 200 North Palm Canyon/mdfan Canyon Block of the CBD; 2) Sunny Dunes at South Palm Canyon Drive Conunerdal Center In the South Palm Canyon Area; 3) Specific Plan for fire Frances Stevens Park En. virons; 4)Site Development Plan and Program for the Frances Stevens Fine Arts Academy; and 5) Indian Canyon Drive Improvement/ Beautification Program. A minimum of one (I) additional project will be Identilied and prepared during this Fiscal Year. Task 07: Management of V111ageFest The Contractor shall provide ongoing services as VfllageFest Manager for this weekly event in Downtown Palm Springs per the provisions of the "VillageFest Business Flan for FY 1994-95" as presented to City Council on May 25, 1994. within Ibis task, the Contractor will work with the Villegellest Board and super- vise the villogeFest Coordinator and all other staff assigned by the (fly to man- age this event per the provisions of the Business Plan. EXHIBIT "C" SCHEDULE OF PERFORMANCE FY 1999-2000 WORK PROGRAM TASK TASK COST of: Project Manager for Six Redevelopment Project Areas $14,000 200 hours (10%) 02: Manager of Main Street- Palm Springs $28.000 400 hours (20%) o3: Manager of Uptown Palm Springs Association $28,000 400 hours 04: Business Development and Expansion Program $28,000 400 hours (2m) 05: Management of Agency-Owned Properties $7,000 100 hours (50W 06: Targeted Economic Development Projects $35,000 500 hours (25%) on Management of VillageFest ••*No Gompensadon••• TOTAL WORK PROGRAM: $140,000 2000 hours (100%) EXHIBIT 'D': el ANNUAL CONTRACT BUDGET FOR FY 1999-2000 Personnel Salaries • DirecSor/Managcr $96,000 •AdminfSft8d a Assistant(Q5 FTE) $16,000 Employee Frings Benefits • We insurance/Retirement $6,576 • Health/D1sab1W Insurance $3,592 • FICA, Medicare, Unemployment and Dfs"fy $8,797 Office Equipment and Supplies $5,846 ((&X"S X!f(r(x.xdxm(fanvt4ffec�jxr uukx�xi�fc�krrx;kxx�(ht(xxxr k#y�Fwrw d xrgcs axl rcfrx(xl(x�i�xap General Operating Expenses • Liability Insurance $989 • Accounting and Legal Fees $1,000 • AutomoMle Insurance $1,200 TOTAL ANNUAL BUDGET: $140,000 RESOLUTION NO. 1071 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONTRACT WITH JERRY OGBURN, D/B/A/ REDACZ FOR FISCAL YEAR 1999-2000 IN THE AMOUNT OF$140,000 FOR THE CONTINUATION OF THE VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER AND THE MANAGEMENT OF SIX (6)REDEVELOPMENTPROJECT AREAS INTHEDOWNTOWN CORRIDOR BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY of the City of Palm Springs, California,that a Contract for Services with Jerry Ogbum, d/b/a/REDAC'for the continuation of the Village of Palm Springs Development Center and the management of six(6) Redevelopment Project Areas in the downtown core is approved;and,the Executive Director or his designee is authorized to sign any documents related to the Contract. ADOPTED this 21st day of Jul v 1999. AYES: Members Hodges, Oden, Reller-Spurgin and Vice Chairman Barnes NOES: None ABSENT: Chairman Kleindienst ABSTAIN: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY By Assistant Secretary Chairman REVIEWED&APPROVED C �Q_ � 97 RESOLUTION NO. 1072 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1999-00 FISCAL YEAR. WHEREAS Resolution 1066 approving the budget for the fiscal year 1999-00 was adopted on June 9, 1999; and WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1066, adopting the budget for the 1999-00 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 803 8183 43200 Title: $5,000 South Palm Contractual Canyon Services Purpose: To provide funding for contract services related to the Agency SECTION 2. SOURCE FUND Activity Account Amount No. 803 2930 Title: Fund Balance $5,000 South Palm Canyon Adopted this 21st day of July 1999. AYES: Members Hodges, Oden, Reller-Spurgin and Vice Chairman Barnes NOES: None ABSENT: Chairman Kleindienst ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By Assistant Secretary Chairman REVIEWED AND APPROVED AS TO FORM c r& •� $ Jerry Ogbmn dba REDAC2 Du Village of PS Development Ctr 99/00 AGREEMENT#392C R1071,7-21-99 Related AGREEMENT FOR CONTRACT SERVICES: VILLAGE OF PALM SPRINGS DEVELOPMENT CENTER FISCAL YEAR 199¢-2000 THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is made and entered into by and between the THE PALM SPRINGS COM- MUNITY REDEVELOPMENT AGENCY, (herein "Agency"), a municipal cor- poration, and Jerry Allen Ogburn/dba REAL ESTATE DEVELOPMENT AND CONSULTING CORPORATION (REDAC2) (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. in compliance with all terms and conditions of this Agreement, the Contractor shall: perform as Director of the Village of Palm Springs Development Center and Project Manager within the sin (6) Redevelopment Project Areas indicated in Exhibit "A" attached hereto and incorporated herein by reference ("Project Area") to- gether with and providing technical assistance to the Redevelopment Agency. The specific services and work to be performed by Contractor are more particularly set forth in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Services"). Contractor shall perform the services set forth in the Scope of Services within the offices provided to it at 109 South Indian Canyon Drive, Palm Springs, California, 92262 ("Project Office"). Contractor shall furnish and operate a Downtown De- velopment Center in the Project Office. In performing the services set forth in the Scope of Services, Contractor shall work directly with Agency staff and shall consult with the Main Street Organization, the Uptown Palm Springs Association, the Palm Springs Economic Development Cor- poration, property owners and merchants located within the identified Project Areas. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Agency and any Federal, State or local gov- ernmental agency having jurisdiction in effect at the time service is ren- dered. 1.3 Familiarity with Work. By executing this Contract, Con- tractor warrants that Contractor (a) has thoroughly investigated what services should be performed, (b) has carefully considered how those services should be performed, and (c) fully understands the difficulties and restrictions affecting performance of the services under this Agree- ment. Contractor warrants that Contractor has investigated the designat- ed Project Areas and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. 1.4 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protec- tion to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or dam- ages. 1.5 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obliga- tions under this Agreement. Both parties agree to act in good faith to ex- ecute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the serv- ice of the other.