HomeMy WebLinkAboutSR - R21780A - Inspection & Quality Control SvcsContract No. R21780A
PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: RATIFICATION OF PROFESSIONAL SERVICES AGREEMENT
WITH HARRIS & ASSOCIATES FOR INSPECTION AND QUALITY
CONTROL SERVICES AT THE PALM VILLAGE APARTMENTS
PROJECT
SUBMITTED BY: LAURI AYLAIAN, REDEVELOPMENT MANAGER
CONTRACTOR: HARRIS & ASSOCIATES
74-333 HIGHWAY 111, STE. 101
PALM DESERT, CA 92260
DATE: AUGUST 24, 2006
CONTENTS: APPROVED PROFESSIONAL SERVICES AGREEMENT DATED
24 JULY 2006
Recommendation:
By Minute Motion, that the Agency Board ratify an agreement in the
amount $24,500 with Harris & Associates for performing professional
inspection and quality control services for the Palm Village Apartments
project.
Executive Summary:
By approval of staff recommendation, the Agency Board will ratify an agreement
approved and executed by the Agency's Executive Director using a consultant approved
by the Agency Board on 12 January 2006. The consultant will provide quality control
inspections to supplement the code compliance inspections provided by the City
inspectors for the Palm Village Apartments project. This additional inspection service
will help protect against the adverse consequences of the deterioration in quality of
construction that has been witnessed by staff over the course of the construction
project.
Discussion:
The Agency Board approved a contract with Taylor Frager Construction in January
2005 for the construction of a 36-apartment complex known as Palm Village
Apartments. During the first eight to ten months of construction, the quality of the
workmanship performed was good and the project moved steadily forward. However, in
the last four to six months, the Contractor has reported that they will be going out of
Staff Report
Ratification of Harris & Associates Agreement — Palm Village Apts. Project
Page 2 of 2
August 24, 2006
business at the completion of this project, and has had a steady turnover in supervisory
personnel, which has resulted in a noticeable decline in the quality of workmanship.
Although periodic inspections are made by the Architect, by City inspectors (to review
code compliance issues), and by the Project Administrator, it has been evident that the
Contractor's work must be reviewed once or twice a day in order to prevent workers
from covering up unacceptable work before it has been identified or corrected.
In order to respond to this need for additional inspection, Agency staff reviewed the list
of professional service providers that had been pre -qualified for the 2006 calendar year.
From this list they selected Harris & Associates, in part because they had available
personnel who are ideally suited for this project. Harris & Associates provided a
proposal to provide inspection services at an hourly rate for a total fee not -to -exceed
$24,500. This proposal was incorporated into a professional services agreement that
was executed by the Executive Director under the authority granted him by Section
3.30.270 of the Palm Desert Municipal Code of Ordinances. The agreement is hereby
presented to the Agency Board for ratification.
Submitted by:
Lauri Aylaian
Redevelopment Manager
mh
Approval:
+ 6
isfiMcCarthy, AC a evelopment
Carlos L. Orteg , Executive Director
Department Head:
``Dave Yri;edevelopme
Directornt/Housing
Paul S. Gibson, Director of Finance
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VERIFIED By__Rb0%
Original on file with City Clerk's Office
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 24"' day of July, 2006,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and HARRIS & ASSOCIATES, a California professional services firm
("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
Palm Village Apartments project, subject to the terms and conditions specified below, in
the documents attached and incorporated herein, and applicable federal, state and local
law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to Agency.
1.4 Consultant Representative. For the purposes of this Agreement,
the Consultant Representative shall be Ramiro Herrera, Regional Manager ("Consultant
Representative").
1.5 Time of Commencement. The execution of this Agreement shall
constitute an authorization to proceed.
1.6 Time of Performance. Consultant shall commence the services
contemplated under this Agreement immediately and shall process to completion the
requisite services as directed by the Agency Representative for the project. Work will
be performed at the approximate rate of two hours per business day, and it is
anticipated that all work will be completed by the end of September 2006.
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2. Services by Agency:
2.1 Aaencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Brvice White, or such other person designated by the
Agency's Executive Director ("Agency Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in Section 3 of this agreement shall be furnished to Consultant
without charge by Agency, and Agency shall cooperate in every way reasonable in the
carrying out of the work without delay.
2.3 Tests and Inspection. The Agency shall furnish structural,
mechanical, chemical, and other laboratory tests, inspections, and reports as required
by law or the contract documents, provided however that the Consultant shall advise the
Agency in advance of the necessity of such tests and inspections, and shall coordinate
and cooperate with the testing and inspection agencies, if any, at no additional cost to
the Agency.
3. Consultant's Scope of Work. Consultant's scope of work shall consist of
providing quality control inspections for the construction of the Palm Village Apartments.
Consultant shall report findings of said inspections in the form of weekly written reports
to the Agency Representative. Consultant will perform additional services related to
monitoring the performance of the Contractor on this project at the direction of the
Agency Representative.
3.1 Reportina & Record Keepinq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency reasonably informed of progress
on work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by Agency for information, progress reports, or documentation.
Consultant shall maintain accurate records of all work performed for each Assignment
under this Agreement, including but not limited to originals or copies, as applicable, of
all deliverable documents described in this Agreement. Upon the completion of work,
and if requested by the Agency, Consultant shall deliver to Agency the originals of all
renderings, models, or documentation produced, and may retain copies of such
documentation, at Consultant's election.
3. 2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentiality. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
E
4. Not Used.
5. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis:
5.1 Not -to -Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $24,500.00 for the basic services described in Section 3 above.
Payment shall be made on a monthly basis, based upon the hourly rates defined in the
18 July 2006 proposal appended to this Agreement as Exhibit A, multiplied by the
number of hours worked by each classification of personnel assigned to the project
during the previous calendar month. The not -to -exceed fee shall not be exceeded
without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
paragraph 3 above shall be reimbursed on a time -spent basis at the hourly rates
described in Exhibit A. Agency shall not be obligated to compensate Consultant for
additional services performed without advance authorization from the Agency
Representative.
5.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to the limitation given below, for expenses
incurred on behalf of the project for long distance telephone calls, reproduction, express
delivery and courier services, postage, out-of-town travel if pre -approved in writing by
the Agency Representative, and other expenses directly attributable to the project and
expressly approved by the Agency Representative. Reimbursable expenses, including
Consultant's mark-up, shall not exceed $500.00 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Pavment. Agency shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the Agency.
3
7. Ownership of Work Product.
7.1 Provertv of Aaencv. All documents including but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ('Work Product"), shall be and remain the property of
Agency without restriction or limitation upon its use or dissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Products
to Agency.
7.2 Re -Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the reuse or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such reuse or other use, and
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency re -uses such Work Product
on any project other than the project for which they were prepared, such reuse shall be
at the sole risk of Agency unless Agency compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and subconsultants shall not,
without the prior written approval of the Agency Executive Director, perform work for
another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or sub
consultants to abstain from a decision under this Agreement pursuant to a conflict of
interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency shall have the right to terminate this Agreement
without notice or liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
4
percentage, brokerage fee, gift or contingent fee.
8.3 No Financial Interest - Agencv. No officer, member or employee of
Agency during his or her tenure or one year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the Agency Board, or officer or employee of
Agency, has any interest, whether contractual, non -contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Agency, and City's and Agency's elected officials, officers, employees, agents
and volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney's fees, court costs, and expert witness fees incurred by City
or Agency, arising out of or in any way connected with, in whole or in part, the acts or
omissions of Consultant, or any of Consultant's officers, agents, employees or
contractors, in the performance of this Agreement, including but not limited to, claims,
suits and liabilities for bodily injury, death or property damage to any individual or entity,
including employees or officials of Consultant. The provisions of this paragraph shall
not apply to claims arising out of the sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that the
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement.
10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
10.1 Workers' Compensation and Employer's Liability.
Consultant shall provide Workers' Compensation and Employer's Liability Insurance on
an approved policy form providing benefits as required by law with employer's liability
limits no less that $1,000,000 per accident or disease.
10.2 Professional Liability or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must contain a provision establishing the insurer's duty to defend. The
policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile Liability. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non -owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the Agency's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of
its officials, employees or agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement.
12. Non -Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub -contracting by Consultant shall
be null, void and of no effect.
13. Non -Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation which Agency or
City might require.
15. Termination. The right is reserved by the Agency to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of Agency, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original timecards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and Agency's regular business hours or by facsimile before
or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
Agency: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Bryce L. White, Project Administrator
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Ramiro Herrera
Harris & Associates
74-333 Highway 111, Suite 101
Palm Desert, CA 92260
Tel: (760) 340-6111
Fax: (760) 340-6433
17. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. This Agreement supersedes all prior oral
or written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
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23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
HARRIS & ASSOCIATES
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Carlos L. OrtegaTxecutive Director
State of California
County of P1101,50
On 311 , o200, before me, '3')Arndra, Lee— Crotch' 4
a Notary Public, personally appeared IRE ((a fa , jj --------------
(or proved to me on the basis of satisfactory
evidence) to be the person(*) whose name(*) is/am subscribed to the within
instrument and acknowledged to me that hely executed the same in
his/fir authorized capacity(am), and that by his/weir signature(e) on the
instrument the person(f), or the entity upon behalf of which the person(,P) acted,
executed the instrument.
WITNESS my hand and official seal. SANDRA LEE CROUCH
Comml 1655739
N xorutry U)
Mr COMM, E". MAR. 31, 2010 f
Signature
(seal)
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EXHIBIT A
10
Letter #01
July 18, 2006
Lauri Aylaian
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
RE: City of Palm Desert
Palm Village Apartments
Quality Control Services
Dear Lauri,
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
RECEWED
JUL 19 2006
Palm Des- e-r-f- RDA
In accordance with our recent discussion in regard to Harris & Associates providing
quality control support services for the Palm Village Apartment, please see the below
scope of service and cost proposal as mutually agreed to.
Mr. Kurt Gray will be assigned under the direction of Bryce White (Project Administrator)
for providing daily quality control support services for the Palm Village Apartment project.
These support services are based on a 2-hours/day-effort beginning on 21JUN06 for 98
working days ending on 28SEP06, for a total of 196 hours. Mr. Gray will strictly be
monitoring and cataloging the status of project issues deemed relevant by Mr. White,
that ultimately need to be addressed by the General Contractor.
The agreed hourly rate is $125/hr. for a total fee amount of $24,500.
Mr. Gray has been performing these services since 21JUN06, I apologize for not
formalizing our proposal in writing sooner than I did. Should you have any questions or
require additional information contact me.
Thank you for the privilege to continue our professional working relationship.
HARRIS & ASSOCIATES
Sin"rely
/ v y 4::5;-
Ramiro Herrera
Regional Manager Accepted:
Agency Exe five Director
File: 021.002.001
74-333 Highway 111, Suite 101 Palm Desert, Catifornia 92260 760.340.6111 FAX 760.340.6433 coachetlavattey@har6s-assoc.com