HomeMy WebLinkAbout12/17/2008 - STAFF REPORTS - 2.P. PALM Sp�rG
Community Redevelopment Agency
Staff Report
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DATE: December 17, 2008
SUBJECT: APPROVING A CONTRACT AGREEMENT WITH CANYON
COMMERCIAL SERVICES, INC. FOR CONSULTING SERVICES,
WHICH PROVIDE ASSISTANCE AND ADVICE TO THE CITY AND
THE. COMMUNITY REDEVELOPMENT AGENCY IN THE
MARKETING AND MANAGEMENT OF THE PALM SPRINGS
"DOWNTOWN."
FROM: David H. Ready, Executive Director
BY: Assistant City Manager
Community and Economic Development Department
SUMMARY:
Staff is requesting that the City Council approve a Contract Agreement with Canyon Commercial
Services, Inc.to provide the City/Agency with consulting services, which provide assistance and
advice to the City and the Community Redevelopment Agency in the marketing and
management of the Palm Springs "Downtown."
RECOMMENDATION:
1. Approve a Contract Agreement with Canyon Commercial Services, Inc. for consulting
services which provide assistance and advice to the City and the Community
Redevelopment Agency in the marketing and management of the Palm Springs
"Downtown."
2. Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR FISCAL YEAR 2008-09 " and
3. Authorize the Executive Directorto execute all necessary documents in a form acceptable
to the City Attorney.
Pago 1 of 2 Item No. 2 • P •
STAFF ANALYSIS:
Staff is recommending that Canyon Commercial Services, Inc. continue to be retained to provide
for the City/Agency's marketing and consulting services for the Palm Springs "Downtown,"
Business Improvement District, and Redevelopment Agency.
FISCAL IMPACT:
There is no fiscal impact to the City as the Community Redevelopment Agency will fund this
Contract Agreement.
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Jo n S. Raymohd � thomas J. Wilson
Directo of Community & Economic Development Assistant City Manager
David H. Ready, Es .
Executive Director
Page 2 of 2
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RESOLUTION N0.
A RESOLUTION OF THE COMMUNITY REDEVELOMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR FISCAL YEAR
2008-09.
WHEREAS, Resolution No. 1356 approving the budget for the Fiscal Year 2008-09
was adopted on June 18, 2008; and
WHEREAS, the Executive Director has recommended, and the Agency Board
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 1356, adopting the Fiscal Year 2008-09 Budget is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
811 Canyon 8191-65212 $150,000
Commercial
Services, Inc.
Purpose: To provide funding for downtown consulting services.
SECTION 2. SOURCE
Fund Activity Account Amount
811 Fund Balance 8191-29301 $150,000
ADOPTED this 171h day of DECEMBER, 2008.
David H. Ready, Executive Director
ATTEST:
James Thompson, Assistant Secretary
CONSULTING SERVICES AGREEMENT
CITY/REDEVELOPMENT AGENCY DOWNTOWN REPRESENTATIVE
THIS AGREEMENT is made and entered into to be effective this _ day of
January 2009, between the City of Palm Springs and the Palm Springs Community
Redevelopment Agency (hereinafter "City/Agency") and Canyon Commercial Services,
Inc., by Tammy Perezchica, a principal thereof.
RECITALS
WHEREAS, City/Agency desires to retain Consultant to provide certain expertise
and advice in the marketing, retail and commercial development, and the management of
"Downtown" as more particularly set forth in the Scope of Services attached hereto as
Exhibit A.
WHEREAS, Consultant is qualified by virtue of experience, training, education, and
expertise to accomplish such services.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1. Scope of Services
The Scope of Services to be performed by Consultant shall consist of those tasks set forth
in the attached Exhibit A. Consultant shall carry out the tasks outlined in Exhibit A
according to Consultant's own means and methods and is subject to City/Agency control
only as to the end product or final result of the work.
Section 2, Term
This Agreement shall remain in full force and effect from January � , 2000, through
January 13, 2010, and the Consultant and City Manager may extend this Agreement in
writing for up to four additional one-year terms, subject to the City/Agency appropriating
sufficient funds to fund the services required under this Agreement for each extension
thereof.
Section 3, Compensation
3.1 For services rendered pursuant to this Agreement, Consultant shall be compensated
in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B." All
payment invoices shall evidence compliance with the Schedule of Compensation, Exhibit
B. Although Consultant will perform the majority of Consultant's work in the City of Palm
Springs, the Consultant will also maintain an off-site office for purposes of working on
City/Agency and other non-City/Agency projects. Nothing in this Agreement shall preclude
Consultant from seeking or carrying out work on projects for other clients.
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3.2 Consultant shall submit monthly invoices based on total services which have been
satisfactorily completed.
3.3 Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement.
3.4 Consultant shall not receive any benefits of employment provided to City/Agency's
regular employees.
3.5 Consultant shall be solely responsible for all tax returns and payments required to
be filed with or made to any federal, state or local tax authoritywith respect to Consultant's
performance of services and receipt of compensation under this Agreement. The
Consultant is an independent contractor and, therefore, the City/Agency shall not withhold
or make payments for social security, make unemployment insurance or disability
insurance contributions, or obtain worker's compensation insurance on Consultant's behalf.
Consultant shall comply with, and agrees to accept exclusive liability for non-compliance
with, all applicable state and federal laws, rules and regulations, including, without
limitation, obligations such as payment of all taxes, social security, disability and other
contributions based on compensation received by Consultant under this Agreement.
Consultant hereby agrees to indemnify, hold harmless and defend City/Agency against any
and all such liability, taxes or contributions, including, without limitation, penalties and
interest.
Section 4. Independent Contractor
The City/Agency regards Consultant's services as unique and specialized. It is agreed that
Consultant shall act and be an independent contractor and not an employee of the
City/Agency-
Section 5. Limitations Upon Subcontracting and Assignment
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City/Agency to enter into this Agreement.
Consultant shall not sub-contract with any other entity to perform the services required
under this Agreement.
Section 6. Insurance Requirements
6.1 Commencement of Work. Consultant shall not commence work under this
Agreement until it has obtained all insurance required by the City/Agency and until the
City/Agency has approved the insurance- All insurance required by this Agreement shall
contain a Statement of Obligation on the part of the carrier to notify the City/Agency of any
material change, cancellation, or termination at least thirty (30) days in advance.
Canyon Commercial Consulting Services Agreement Paget of
6.2 Workers' Compensation Insurance. Consultant shall maintain Workers
Compensation Insurance in the amount and type required by state law,
6.3 Insurance Amounts. Consultant shall maintain the following insurance for the
duration of this Agreement:
(a) Comprehensive general liability in an amount of $500,060.00 per occurrence.
Insurance companies must be admitted and licensed in California and have a Best's Guide
Rating of A-, Class VII or better-
(b) Automobile liability in an amount of $500,000-00 per occurrence. Insurance
companies must be admitted and licensed in California and have a Best's Guide Rating of
A-, Class VII or better.
6.4 Endorsements for the policies under section 6.3(a)&(b)shall designate City/Agency
as an additional insured. Consultant shall provide to City/Agency proof of such additional
insured coverage in the form of both certificates of insurance and endorsement forms.
Section 7. Indemnification
7.1 Consultant agrees to and shall indemnify, defend, hold harmless City/Agency and its
officers, agents, and employees from and against all liability, claims, losses, and demands,
damages to properly or injuries to or death of any person or persons, including property of
the City/Agency, including defense costs(together, "Claims"), whether resulting from court .
action or otherwise, resulting from, related in any manner to, or arising out of the
intentional, malicious, negligent acts, inactions, errors, or omissions of Consultant, or its
officers, employees, and agents in the performance of this Agreement.
7.2 City/Agency agrees to indemnify and hold harmless Consultant from all Claims,
including defense costs, whether resulting from court action or otherwise, arising out of the
sole intentional or grossly negligent acts or omissions of City/Agency and its officers,
agents, or employees in the performance of this Agreement.
7.3 City/Agency will cause each Contractor, their subcontractors and any consultants
engaged to provide services for any project for which the Consultant is engaged, to
indemnify and hold Consultant harmless from any claims, losses, expenses, and damages
(including attorney's fees and costs)that may arise from said contractor, subcontractor, or
consultant activities on the project.
Section 8, Non-Liability of City Council Members
No City Council/Community Redevelopment Agency member shall be personally liable to
Consultant in the event of any default or breach bythe City/Agency, and/orthe City/Agency
member, or for any amount, which may become due to Consultant. Consultant's billed
time shall be an obligation of the City/Agency to the extent permitted by law.
Canyon Commercial Consulting SeNlees Agreement Pnge 3 ors �+
Section 9. Compliance with Law
Consultant shall comply with all applicable laws, ordinances, codes, and regulations of
federal, state, and local government in the performance of the duties,which are the subject
of this Agreement.
Section 10. Licenses Permits Fees and Assessments
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for performance of the services required by this Agreement.
Section 11. Termination
11.1 City/Agency and Consultant each reserve the right to terminate this Agreement at
any time, without cause, upon ninety (90) days' written notice to the other party. Upon
receipt of a notice of termination without cause, Consultant shall immediately cease all
Services under this Agreement except as may be specifically approved and delineated by
City Manager. Consultant shall be entitled to compensation for all Services rendered prior
to receipt of the notice of termination and for any Services authorized by the City Manager
after the notice in accordance with the compensation provisions of this Agreement and
Schedule of Compensation, Exhibit B, or another arrangement for compensation as may
be approved in writing by the City Manager.
11.2 City/Agency reserves the express right to terminate this Agreement for cause due to
the default(as defined in Paragraph 17 below)by Consultant in its performance obligations
under this Agreement. City/Agency may in any notice of default advise Consultant it also
intends to terminate the Agreement for cause. The notice of default from City/Agency shall
advise Consultant if City/Agency intends to elect to terminate the Agreement and in the
event Consultant shall immediately cease performance and provision of Services under
this Agreement as of the date the notice of default is received or deemed received,
whichever is earlier. In the event of termination, City/Agency may, but is not required, to
take over the work and prosecute the same to completion by contract or otherwise. Also,
in the event of termination for cause, Consultant shall be liable to the extent that the total
cost for completion of the Consultant Services required under this Agreement exceeds the
compensation stipulated in this Agreement (provided that the City/Agency shall use
reasonable efforts to mitigate damages), and City/Agency expressly reserves the right to
withhold any outstanding payments to the Consultant for the purpose of set off or partial
payment of the amounts owed the City/Agency as previously set forth in this Agreement.
11.3 For the purposes of this Section 11, the rights and obligations of the City/Agency
may be exercised or performed by the City Manager or the City Manager's designee.
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Section 12. Notice
All notices shall be personally delivered or mailed to the below listed addresses, or to such
other addresses as may be designated by written notice. These addresses shall be for
delivery of service of process:
To City: David H. Ready
City Manager/ Executive Director
PO Box 2743
Palm Springs, California 92263
To Consultant: Canyon Commercial Services, Inc.
Tammy Perezchica, a Principal
74-040 Highway 111, Suite JJ-3
Palm Desert, CA 92260
Section 13. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties
and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Palm Springs
Palm Springs Community Redevelopment Agency
By:
David H. Ready
City Manager/ Executive Director
Consultant
By:
Canyon Commercial Services, Inc-
Tammy Perezchia
APPROVED AS TO FORM: ATTEST:
By: By:
City Attorney City Clerk
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EXHIBIT A
SCOPE OF SERVICES
For the'purposes of this Agreement and the Scope of Services to be provided to the City/
Agency by the Consultant, "Downtown" Palm Springs shall be that area which comprises
the Palm Springs Business Improvement District.
Generally, the Business Improvement Districts consist of properties on both sides of Palm
Canyon Drive beginning at Tachevah Drive south to Ramon Road, properties on both sides
of Indian Canyon Drive beginning at Alejo Road south to Ramon Road, properties on both
sides of Belardo Road beginning at Alejo Road south to Ramon Road, and those
properties on side streets west of Indian Canyon Drive to Belardo Road between Alejo
Road south to Ramon Road.
It is further understood that Tammy Perezchica, a principal of Canyon Commercial
Services, Inc., will be the primary and visible person providing the contract services, and
that Tammy Perezchica shall manage and execute the scope of this contract through.
Canyon Commercial Services, Inc, as she deems appropriate.
As the City/Redevelopment Agency's "Downtown" representative, the Consultant shall
provide the following services:
1. Act as liaison for the City/Agency with "Downtown" landlords and merchants,
providing comprehensive communication of City/Agency goals and objectives.
2. Act as liaison for the City/Agency with the Palm Springs Main Street Association_
Attend all general membership meetings of the Main Street Association. Attend the
meetings of the Main Street Association Board of Directors when invited.
3. Provide marketing consulting services to the Palm Springs Business Improvement
District (BID) and comprehensively assist the BID in the development of its annual
Marketing Plan. Attend all meetings of the BID.
4. At the direction of the City Manager, assist with the coordination of Council
approved downtown special events, including downtown merchants, Palm Springs Bureau
of Tourism, etc.
5. As directed by City Management, provide concepts, analysis, oversight, and/or
management of"Downtown" projects.
6. Provide review, analysis, and recommendations regarding "Downtown"signage and
the streetscape as they relate to the branding and marketing of the "Downtown".
Canyon Commercial Consulting Services Agreement Page G of 8
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7. Provide analysis of the VillageFest's operations as they impact "Downtown"
businesses.
S. Meet regularly with the City's Parks and Recreation Director and Downtown
Maintenance Supervisor to provide observations and recommendations regarding
"Downtown" cleanliness and maintenance.
9. Establish regular opportunities for"Downtown" landlords and merchants to define,
review, and discuss downtown issues, challenges, opportunities, and goals.
10. Meet monthly with the City Manager to review and update the City's issues,
objectives, and goals for the "Downtown," and provide a monthly report of activities,
including landlord/merchant interactions.
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EXHIBIT B
SCHEDULE OF COMPENSATION
The Consultant shall be compensated for the term of the Agreement as follows:
Monthly Fee: For all of the services set forth in Exhibit A, the Consultant shall be paid a
monthly fee, inclusive of all related expenses and incidental costs, of Twelve Thousand
Dollars ($12,000.00).
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