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HomeMy WebLinkAboutReso RDA 40-1983 RESOLUTION NO. 40 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. FOR CONSULTANT SERVICES BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that: 1. Execution of A§reement. Execution of an Agreement entitled "Consultant Services Agreement" between the Redevelopment Agency of the City of South San Francisco and Keyser Marston Associates, Inc. is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Signatures. The Chairman is authorized to execute said Agreement on behalf of the Redevelopment Agency and the Executive Director attest his signature thereto. PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of South San Francisco on this 6th day of April , 1983. AYES: Members Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos, and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: Redevelopment Agency of~the x~e ju~tiY~ve~'~~Director City of South San Francisco Redevelopment Agency of the City of South San Francisco CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at South San Francisco, California, as of ~pril 6 , 1983, by and between the SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ("AGENCY"), and KEYSER MARSTON ASSOCIATES, INC. ("CONSULTANT"), who agree as follows: 1. Services. Subject to the'terms and conditions set forth in this Agreement, Consultant. shall provide to Agency the services described in Exhibit "A." 2. Payment. Agency shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit "B," The payments specified in Exhibit "B" shall be the only payments to be made' to Consultant for services rendered pursuant to this Agreement, Consultant sh~ll submit all billings for said services to Agency in the manner specified in Exhibit "B."' 3. Facilities and Equipment. Contractor shall, at its sole cost and expense, -. furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4. General Provisions. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any'inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control only insofar as it is inconsistent with the general provisions. 5. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. EXECUTED as of the day first above-stated. SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ~ Chairman ,// "AG ENC¥" ATTEST Executive Director/Secretary ~ ~ EXHIBIT ~A" SCOPE OF SERVICES When and as directed by Agency, Consultant shall perform d~sposition consulting services for the project area'to include, but not be limited to the following: 1. Consult, assist and advise the City with respect to marketi.ng, financial and disposition problems, includi.ng the financial testing of land use and develop- ment concepts proposed by potential developers. 2. Participate in formal and informal discussions and presentations with potential developers and community officials. 3. Undertake limited evaluation of existi.ng economic feasibility studies and reuse appraisals. 4. Undertake the refinement and expansion of marketing strategy and tactics to meet new conditions as they develop. 5. Advise Agency when necessary in the preparation of background information for presentation to developers and key tenants of Agency developers. 6. Preparation of reuse reports as required by State law. METHOD AND TIME OF PERFORMANCE Consultant shall perform the various services described herein only as and when requested by the Agency and within the time schedule as mutually .agreed upon by the parties to this Agreement. · COMPENSATION Agency .agrees to pay, and Consultant .agrees to accept compensation on an hourly basis according to the following fee schedule which is effective through December 31, 1983: 1983 Senior Principal* $ 105.00 Principal* 95.00 Senior Associate* 85.00 Associate 65.00 Senior Analyst 50.00 Analyst 45.00 Technical Staff 35.00 Administrative Staff' 30.00 Directly related job expenses not included in the above rates are: Auto mileage., air fares, hotels and motels, ~e~l~, car rentals, taxies, telephone calls, electronic data processing, graphics and printing, Directly related job expenses will be billed at 115% of cost. MAXIMUM COMPENSATION The total compensation for all services performed pursuant to this Agreement shall not exceed the sum ofTEN THOUSAND DOLLARS ($10,000.00), without prior written approval of the Agency. METHOD OF PAYMENT Consultant shall sub~it monthly requisitions to Agency specifying the amount due for services performed by Consultant's staff, and a list of incurred expenses for the past calendar month. Consultant shall first obtain Agency's approval of the services performed and the requisition, before Agency is to pay Consultant in accordance with such requisition up to the agreed upon maximum. 1. Monthly billings will be payable within thirty (30) days of invoice date. A charge of one and one-half percent (1½%) per month will be added to all past due accounts. *Rates for individuals in these categories will be increased by fifty percent (50%) for time spent in court testimony. EXHIBIT ~'C" GENERAL PROVISIONS 1. Independent contractor. At all times during the term of this .Agreement, Consultant shall be an independent contractor and shall not be an employee of Agency. Agency shall have the right'to control Consultant only insofar as the results of Consultant's services rendered 'pursuant to this .Agreement; however, Agency shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this .Agreement. 2. Time. Consultant shall devote such time to the performance of services pursuant to this .Agreement as may be necessary.for the full performance of Consultant's Obligations pursuant to this Agreement, 3. Consultant's'Li6bility. The Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of the .Agency or others, caused by or'resulting from the negligence of itself, its employees, or its agents during the progress of or connected with the rendition of services hereunder. Consultant shall defend and hold harmless and indemnifY the .Agency, the City, and all officers and employees of both public .agencies from all costs and claims for damages to real.or personal property, or personal injury to any third party, resulting from the negligence of itself, its employees, or its .agents, arising out of the Consultant's performance of work under this Agreement. 4. Insurance The Consultant agrees to provide and maintain the following insurance specific to this projectfor the duration of the work performed by the Consultant: 1. Workers' Compensation as required by law. 2. Comprehensive General Liability Insurance With limits not less than $100,000 each occurrence. Such policy shall include contractual liability and completed operations coverage. 3. Comprehens~!ve Automobile Liability InsuranCe, with limits not less than $300,000 each occurrence and $50~000 property damage liability for each occurrence, 4. Professional liability Insurance~ with limits not less than $100~000 for any one claim. As a provision of the Comprehensive General Liability Insurance and the Compre- hensive Automobile Liability Insurance, the covenage shall include the South San Francisco Redevelopment.Agency, its elective and appointive boards, officers, agents and employees with respect to work performed by the Consultant, Said policies of insurance and each of them Shall also contain the following endorsements'thereon: "Notwithstanding any other provision of this policy, the insurance afforded hereunder to the South San Francisco Redevelopment Agency shall be primary as to a'ny other insurance'or~ reinsuranCe covering or available to the'South San Francisco Redevelopment ]Agency, and such other insurance 6r reinsurance shall not be required to con- tribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 5. Equal Employment'Opportunity. During the performance of this.Agreement, the Consultant agrees as follows: a. The Consultant will not discriminate against anY employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated duri.ng employment, without regard to their race, color, religion, sex or national o~igin. SOch action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and e lection for trainings includi.ng apprenticeship, The Consultant agrees to F:ost in conspicuous places, available to employees and applicants for 'employment, notices setti.ng forth the provisions of this non-discrimination clause, b, The Consultant will, in all solicitations or advertisements for e~nployees placed by or on behalf of the Consultant, state that qualified applicants will receive consideration for employment without r. egard to race, color, religion, sex or national origin, c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the'foregoing provisions shall not apply to contracts, or subcontracts for standard commercial supplies or raw materials, 6. Consultant not'Agent. Except as Agency may specify in writi.ng, Consultant shall have no authority, express or implied, to act on behalf of Agency in any capacity whatsoever as an agent. Consultant shall have no authority, express of implied, pursuant to this Agreement to bind Agency to any obl.igation whatsoever, 7. Products of consulting, All products of consUlti.ng shall become the product of the property of the .Agency and shall be delivered to the Agency before the end of performance under this Agreement, 8. Assignment Prohibited. No party to this Agreement may assign any ~i§ht or obligation pursuant to this .Agreement. Any attempted or purported assignment of any right or obligation pursuant to this ,Agreement shall be void and of no effect. 9. Chang_es. The Agency may, from time to ~time, request changes in the Scope of Services of the Agreement to be performed hereunder, Such changes including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between the .Agency and the Consultant, shall be incorporated in written amendments to this Agreement. 10. Termination. This Agreement may be terminated by either party on thirty (30) days written notice to the other. The effective date of cancellation being the 30th day of said written notice With no further action by either party. 11. 'AbandOnment. U~on abandonment of this project by .Agency, and written notification to the Consultant, this Agreement shall terminate, Consultant shall be entitled to the compensation earned by it prior to the date of termination, computed pro-rata up to and including the date of termination,