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HomeMy WebLinkAbout00302C - PMW ASSOC-CBD REDEV & CIP-FINANCE PLAN FOR PARKING FAC PMW Associates - CBD Redev & CIP - Finance Plan for Parking Facilities AGREEMENT #302 AGREEMENT FOR CONTRACT SERVICE:. R850, 4-4-92 AS CONSULTANT FOR THE REDEVELOPMENT AGENCY THIS AGREEMENT FOR CONTRACT SERVICES, (herein "Agree- ment") , is made and entered into by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (herein "Agency") , a body corporate and politic, and PMW Associates (herein "Consultant") on y , 1992 . 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 Consultant shall provide those services speci- fied 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" here- under. Consultant warrants that all services will be per- formed in a competent, professional and satisfactory manner, and in the time period(s) established by the Contract Offi- cer. Extensions to the time period(s) may be granted by the Contract Officer. 1.2 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform such additional services similar to these specified in Scope of Services (Exhibit "A") when directed to do so by the Contract Officer provided that Consultant shall not be required to perform any additional services without compensation at Consultant's hourly wage. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City of Palm Springs and Redevelopment Agency and any federal, state, or local govern- mental agency of competent jurisdiction. 1.4 Familiarity with Work. By executing this Contract, Consultant warrants that Consultant (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully consid- ered how the services shall be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. Should the Consultant discover any latent or unknown condi- tions, which will materially affect the performance of the 2/26/92 • • � � v CONTRACT SERVICES AGREEMENT PMW ASSOCIATES services hereunder, Consultant shall immediately inform the Agency of such fact and shall not proceed except at Consul- tant's risk until written instructions are received from the Contract Officer. 1. 5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, paper, and other compon- ents thereof to prevent losses or damage, and shall be res- ponsible for all such damages, to person or property, until acceptance of the work by the Agency/City, except such losses or damages as may be caused by the Agency's/City's own negli- gence. 1. 6 Use of City Facilities. Consultant agrees to abide by all City rules, regula- tions, and policies concerning the use of City facilities. 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 in- struments, 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 service of the other. 2 .0 COMPENSATION 2 . 1 Hourly Wage and Maximum Payment. Charges for the Scope of Services herein outlined are to be on an hourly basis at the rates specified in the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, plus reimbursables, but not exceeding the maximum contract amount of One Hundred Thousand Dollars ($100, 000. 00) (herein "Contract Sum") , except as provided in Section 1. 2 . Hourly rate will include travel time to job related meetings and appointments, etc. Directly related job expenses shall be reimbursable pursuant to Exhibit "B" . All travel and related expenses must be authorized and approved in advance by Contract Officer. Consultant must use Agency's secretarial and support services, unless otherwise authorized and approved in advance by Contract Officer. 2/26/92 -2- CONTRACT SERVIMS AGREEMENT PMW ASSOCIATES The Consultant's hours of work shall be established by mutual agreement between the Consultant and Contract Officer. Additionally, Contract Officer may require Consultant to attend Council/Agency meetings. Progress payment shall be made within thirty (30) days following approval of Consultant's "Statement of Account Due, " which shall include a breakdown of services performed by Consultant and a list of incurred expenses for the past calendar month. 3 .0 PERFORMANCE SCHEDULE 3. 1 Time of Essence. Time is of the essence in the performance of this Agree- ment. 3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed. Consultant shall perform the various services described herein only as and when requested by the Agency and within a time schedule as mutually agreed upon by the parties to this Agreement. 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 Perform- ance 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 restrict- ed to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, liti- gation, and/or acts of any governmental agency, including the City, 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 performing 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 2/26/92 -3- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES to recover damages against the Agency for any delay in the performance 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 Sections 7 . 7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4. 1 Contract Officer. The Contract Officer for this Agreement shall be the Executive Director of the Agency. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services rendered hereunder and the Consultant shall refer any decis- ions that must be made by Agency and/or City to the Contract Officer. Unless otherwise specified herein, any approval of the City and/or Agency required hereunder shall mean the approval 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. 4.2 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant and its principles were a substantial inducement for the Agency to enter into the Agreement. Therefore, Consultant shall not contract with any other entity to per- form, in whole or in part, the services required hereunder without the express written approval of the Agency, and the person to perform the duties specified in this Agreement shall be Marilyn Whisenand. Notwithstanding the foregoing, other representatives of PMW Associates may be used to carry out the duties of this Agreement, subject to approval in advance of the Contract officer, if such services benefit the Agency (e.g. , in terms of cost savings, area/level of expert- ise to be provided) . In addition, neither this Agreement or any interest herein may be assigned or transferred, voluntar- ily or by operation of law, without the prior written approv- al of the Agency. 2/26/92 -4- • i CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 4.3 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Consul- tant performs the services required herein, except as other- wise set forth. Consultant shall perform all services re- quired 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 he is an agent or employee of the City or Agency. Contractor shall not be entitled to receive any benefits which would accrue to employees. 4. 4 Unavailability of Consultant. Consultant agrees to diligently enter into the perfor- mance of services under this Agreement and to provide Con- tract Officer, to the extent possible, with at least two days notice of unavailability. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5. 1 Insurance. The Consultant shall procure and maintain, at its cost and expense, in a form and content satisfactory to Agency, during the entire term of this Agreement including any exten- sion thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than $300, 000 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's 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, the Agency and the City 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. 2/26/92 -5- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES (c) Automotive Insurance. A policy of comprehen- sive automobile 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 include coverage for owned, non- owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the Agency and the City, its offi- cers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribu- tion it may have against the Agency and the City, its offi- cers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the Agency. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancella- tion date, submit new evidence of insurance in conformance with this Section 5. 1 to the Contract Officer. No work or services under this Agreement shall commence until the Con- sultant has provided the Agency with Certificates of Insur- ance or appropriate insurance binders evidencing the above insurance coverage and said Certificates of Insurance or binders are approved by the Agency. The Consultant agrees that the provisions of this sec- tion 5. 1 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 re- sponsible. In the event the Consultant subcontracts any portion of the work in compliance with Section 4 . 2 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 this Section 5. 1. 2/26/92 -6- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 5.2 Indemnification. Consultant agrees to indemnify the Agency and the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all act- ions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabili- ties, (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, opera- tions or activities of Consultant, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Consultant hereunder, or arising from Consultant's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the Agency, the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, the City, its officers, agents or employees, who are directly responsible to the Agency or the City, 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 expen- ses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the Agency, the City, its officers, agents or employees for any such claim 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 Con- sultant agrees to save and hold the Agency, the City, its officers, agents, and employees harmless therefrom; (c) In the event the Agency, the City, its offi- cers, 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, the City, its officers, agents or employees, any and all costs and expenses incurred by the Agency, the City, its offi- 2/26/92 -7- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES cers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 5.3 Sufficiency of Insurer. The 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 Risk Manager of the City due to unique circum- stances. In the event the Risk Manager of the City ("Risk Manager") determines that the work or services to be perform- ed under this agreement creates an increased or decreased risk of loss to the Agency or to the City, the Consultant agrees that the minimum limits of the insurance policies required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Consultant shall have the right to appeal a determ- ination of increased coverage by the Risk Manager to the Board of the Agency within 10 days of receipt of notice from the Risk Manager. 6.0 RECORDS AND REPORTS 6. 1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perform- ance of the services under this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep the books and records as shall be necessary to perform the services by this Agreement and enable the Contract officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including 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 comple- tion of the services hereunder, and the Agency and City shall have access to such records in the event any audit is requir- ed. 2/26/92 -8- i • CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 6.3 Ownership of Documents. All drawings, specifications, reports, records, docu- ments and other materials prepared by Consultant shall be the property of the Agency and shall be delivered to the Agency upon request of the Contract Officer or upon termination of this Agreement, and Consultant shall have no claim for fur- ther employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. 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 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. 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 therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party 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 necessary. Compliance with the provisions of this Section shall be a condition 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 Agency's or the Consultant's right to terminate this Agreement without cause pursuant to Section 7 . 7 . 2/26/92 -9- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 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 perform 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 obligations of the Consultant to insure, indemnify, and protect Agency as elsewhere provided herein. 7 .4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting 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 party'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 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 2/26/92 -10- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7 .7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The Agency reserves the right to terminate this Agreement 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 Agreement 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. 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 (Exhibit "B") or such as may be approved by the Contract Officer, except as provided in Section 7 . 3 . 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 . 7 .8 Termination for Default of Consultant. If termination 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 setoff 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 2/26/92 -11- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 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. 8.0 PERSONAL LIABILITY OF CITY AND AGENCY OFFICERS AND EMPLOYEES 8. 1 Nonliability of City and Agency Officers and Em- ployees. No officer or employee of the City or Agency shall be personally liable to Consultant, or Consultant's successors in interest, in the event of any default or breach by the City or Agency or for any payment which may become due to Consultant or Consultant's successors, or for the breach of any obligation of the terms of the Agreement. 8.2 Conflict of Interest. 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 decis- ion relating to the Agreement which effects his financial interest or the financial interest of any corporation, part- nership or association in which he is, directly or indirect- ly, interested, in violation of any State statute or regula- tion. 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 segre- gation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, physical or mental disability, national origin, or ancestry in the per- formance of this Agreement. Consultant 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, religion, sex, marital status, physical or mental disability, national origin, or ancestry. 2/26/92 -12- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 9.0 MISCELLANEOUS PROVISIONS 9. 1 Notice. 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 mail, in the case of the Agency to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, 3200 E. Tahquitz Canyon Way, P.O. Box 2743 , Palm Springs, CA 92263 , 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 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 negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement 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 unenforceability shall not effect 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 2/26/92 -13- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES 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. 9.5 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. 9 . 6 Effective Date. This Agreement shall become effective only upon the date last executed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. AGENCY: CO N2 ELOPMENT AGENCY OF THE CITY OF SPRINGS Dated: �� i G Robert A. Parkins Execu ive Director ATTEST: Judith Sumich Assistant Secretary [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2/26/92 -14- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES APPROVED AS TO FORM: RUTAN & TUCKER Dav�.-JAleshire Agency Counsel CONTRACTOR: PMW ASSOCIATES Dated: By: h/P r G1! , Marilyn Whisenand Executive Vice President PMW Associates 232 West Avenida Gaviota San Clemente, CA 92672 8/178/014084-0006/001 feu .1 IR s v AM;�khqq A 3oaC._ 2/26/92 -15- CONTRACT SERVICES AGREEMENT PMW ASSOCIATES EXHIBIT "A" SCOPE OF SERVICES When and as directed by Agency, Consultant shall perform redevelopment consulting services for the Agency including, but not limited to, the following: 1. Consult, assist and advise the Agency with respect to the planning and implementation of redevelopment and housing activities within the City of Palm Springs. 2 . Participate in formal and informal discussions and presentations with prospective developers, property owners and community representatives. 3 . Coordinate the activities of such Agency staff and/or consultants as may from time to time be assigned by the Agency to redevelopment functions. 4 . Prepare and execute implementation strategies as neces- sary to meet the Agency's redevelopment and housing goals. 5 . Serve as staff to the Redevelopment Agency of Palm Springs as necessary to administer redevelopment activi- ties assigned. CONTRACT SERVICES AGREEMENT PMW ASSOCIATES EXHIBIT "B" COMPENSATION Executive Vice President $135. 00 per hour Vice President $115. 00 per hour Computer Services $ 50. 00 per hour word Processing $ 25. 00 per hour Directly related job expenses not included in hourly rates are: air fares, hotel and motels, meals, car rentals, taxis, graphics, duplicating, long distance telephone, FAX, mailing, reproduction, miscellaneous secretarial services, and other costs in preparing necessary reports. Directly related job expenses, other than mileage, will be billed at cost plus 100. If requested by the Agency and agreed to between the parties, additional consultant services from other individuals or firms may be secured as sub-consultants to this contract and billed as a directly related expense. METHOD OF PAYMENT Consultant shall submit monthly requisitions to Agency speci- fying the amount due for services performed by Consultant and a list of incurred expenses for the past calendar month. Upon approval of the services performed and the requisition, Agency shall pay Consultant within thirty (30) days in accor- dance with such requisition. 8/178/014084-0006/001