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HomeMy WebLinkAboutSR - Consulting Svcs FY 07-08PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF THREE CONTRACTS FOR REDEVELOPMENT CONSULTING SERVICES SUBMITTED BY: ARLA K. SCOTT, SENIOR FINANCIAL ANALYST DATE: JUNE 28, 2007 CONTENTS: KEYSER MARSTON ASSOCIATES, INC., REASCO, AND ROSENOW SPEVACEK GROUP, INC. CONTRACTS Recommendation: By Minute Motion, that the Agency Board: 1) Authorize the award of a contract to Keyser Marston Associates, Inc. not -to -exceed $30,000; contract No. R26700A 2) Authorize the award of a contract to Rosenow Spevacek Group, Inc. not -to -exceed $30,000; contract No. R26700B 3) Authorize the award of a contract to REASCO not -to -exceed $55,000; con. No.R267000 and 4) Authorize the Chairman to execute the above -mentioned contracts. Executive Summarv: The Agency staff has used the three firms referenced above over the last year and have established a good working relationship and built history with each firm. These firms have helped with the administration of the Redevelopment Implementation Plan and in meeting our affordable housing goals. Discussion: These consultants provide analytical services, which assist staff in the decision -making process. Some of the various projects they have helped staff with, over the last year include, but are not limited to: monitoring and auditing of the tax increment revenue, parking structure analysis, and Affordable Housing component analysis. Last year, the Keyser Marston & Associates (KMA); REASCO; and Rosenow Spevacek Group, Inc. (RSG) contracts were approved by the Agency Board. Throughout the Staff Report Approval of Three Contracts for Redevelopment Consulting Services Page 2 June 28, 2007 course of the year, these firms have shown us excellent customer service and a thorough knowledge of the subject matter. They have proven themselves as reliable, and we have confidence in their abilities. Staff is recommending that the Agency Board approve the contracts for the above - referenced firms for the 2007-2008 fiscal year. Submitted By: ra'a, �. 54.&P Arla K. Scott Senior Financial Analyst AKS:mh Department Head: s David Yr' en Direct ` Redevelopment/Housing Approval: J ' in McCarthy �--- Paul S. Gibson ACM edevelopn*t Director of Finance AW Carlos L. Orte Executive Dir ctor G \rda\Ada Scott\Word Files\Staff Repts\Contracts for Finance Consultants 2007-08.doc -41 6 Ued BY RDA ON Co - � �- Q 7 VERIFIED BY CC-DK,- Original on file with City Clerk's Office CONTRACT NO. R26700A CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at San Francisco, California, as of , 2007 by and between the REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT ("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 W'. The parties to this Agreement agree that Consultant, in performing the services described in Exhibit A, will not make any warranties or guarantees as to the future value of any real or personal property, nor will it make any express warranties or guarantees of estimated or probable construction cost or cost estimates being exceeded, nor will it guarantee the availability of funds or specified rates of return and/or interest. Further, the parties agree that Consultant will not perform services as a construction manager, appraiser of the fair market value of real estate, real estate broker or agent, or property manager. 2. Pavment. 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 shall submit all billings for said services to Agency in the manner specified in Exhibit "Bn 3. Facilities and Equipment. Consultant 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. REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT 29 "AGENCY" KEYSER MARSTON ASSOCIATES, INC. By "CONSULTANT" 1 0606018.GEN:JAR emm 99907 000.002106l13106 EXHIBIT A SCOPE OF SERVICES CONTRACT NO. R26700A Consultant shall provide real estate and economic consulting services on an "as requested basis". Services may include: 1) Evaluation of the financial feasibility of retail, commercial, hotel and/or residential development proposed for the Project Area. 2) Negotiation of disposition and development agreements. 3) Preparation of reuse valuation and Section 33433 reports. 4) Financial and redevelopment planning services. METHOD AND TIME OF PERFORMANCE 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. 0606018.GEN.JAR emm 99907. 000.002/W 13/06 EXHIBIT B COMPENSATION CONTRACT NO. R26700A Agency agrees to pay and Consultant agrees to accept compensation on an hourly basis according to the following fee schedule, which will remain in effect through June 30, 2008: A. Jerry Keyser* $270.00 Managing Principals* $270.00 Senior Principals* $260.00 Principals* $240.00 Managers* $215.00 Senior Associates* $180.00 Associates $160.00 Senior Analysts $145.00 Analysts $125.00 Technical Staff $ 92.50 Administrative Staff $ 77.50 Directly related job expenses not included in the above rates are: Auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. MAXIMUM COMPENSATION The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of THIRTY THOUSAND DOLLARS ($30,000), without prior approval of the Agency. METHOD OF PAYMENT Consultant shall submit 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. Upon approval of the services performed and the requisition, Agency shall pay Consultant in accordance with such requisition up to the agreed -upon maximum. Monthly billings will be payable within thirty (30) days of invoice date. A charge of 1% per month will be added to all past due accounts. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 0606018.GEN JAR emm 99907.000 002M13M EXHIBIT C GENERAL PROVISIONS CONTRACT NO.R26700A 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 reasonably necessary for satisfactory performance of Consultant's obli- gations pursuant to this Agreement. 3. Consultant's Liabilitv. 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. Equal Employment Opportunitv. 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, age, religion, sex, national origin, or physical handicap. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, age, religion, sex, national origin, or physical handicap. Such 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 selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, national origin, or physical handicap. 0606018 GENAAR emm 9990T000 002IM13/06 CONTRACT NO. R26700A 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. 5. Consultant Not Aqent. Except as Agency may specify in writing, 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 or implied, pursuant to this Agreement to bind Agency to any obligation whatsoever. 6. Products of Consulting. All products of consulting, with the exception of computer software developed by Consultant, shall become the property of the Agency and shall be delivered to the Agency before the end of performance under this Agreement. Computer software remains the property of Consultant. 7. Assignment Prohibited. No party to this Agreement may assign any right 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. 8. Changes. 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. 9. 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. 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. 10. Attomev's Fees. In the event that it becomes necessary for either party to this Agreement to bring a legal suit to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney fees to be paid the successful litigant. 0606018 GEN JAR emm 99907.000 002/O6113M6 Contract No. R2670011 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into this day of , 2007, by and between the PALM DESERT REDEVELOPMENT AGENCY (hereinafter referred to as "AGENCY") and the Rosenow Spevacek Group, Inc. (hereinafter referred to as "CONSULTANT"). WITNESSETH The parties hereto do agree as follows: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: (a) The AGENCY desires to undertake certain activities pursuant to Division 24 of the Health and Safety Code (the "Act") necessary for the planning, development and execution of projects hereunder; and (b) The AGENCY desires a highly qualified CONSULTANT to provide technical assistance in the area of redevelopment planning and administration, implementation, housing and real estate analysis and (c) The CONSULTANT represents that it is qualified to perform such services and has agreed to do so pursuant to this Agreement; and (d) The AGENCY desires to contract with the CONSULTANT on the basis of the following terms and conditions. SECTION 2. EMPLOYMENT. The AGENCY hereby employs the CONSULTANT and the CONSULTANT hereby accepts such employment, as CONSULTANT to the AGENCY, for purposes of providing technical assistance in the areas of redevelopment planning and administration, implementation, housing and real estate analysis and project coordination activities. SECTION 3. SCOPE OF SERVICES. The CONSULTANT will upon direction of the Agency diligently perform the tasks and prepare the documents necessary determined as required by the Agency. The specific tasks that may be assigned are those outlined in the Scope of Services of the Proposal (Attachment A). SECTION 4. TERM. The term of this Agreement shall be the period from the date of this Agreement as first shown above until terminated by the Agency. The schedule of performance for any one assignment will be outlined by the Agency at the time that written authorization to undertake such specified project is given by the Agency. SECTION 5. CONSULTANT PROJECT TEAM. Felise Acosta, Managing Principal and Project Manager, will be designated as the responsible party for the CONSULTANT. Other project team members will include James Draughon, Director; Walter Lauderdale and George Britton, Senior Associates; Sherry Fuller and Suzy Kim, Senior Analysts; and Zachary Mikelson, Analyst; and others as assigned. Contract No. R26700B If at any time during the term of this Agreement the principal consultant staff designated to work on the Project are no longer available to work on the Project, the AGENCY retains the right to renegotiate this Agreement. SECTION 6. COMPENSATION. The CONSULTANT's compensation authorized by this contract is for an amount not to exceed thirty thousand dollars ($30,000.00), without an amendment approved by the Agency. The CONSULTANT fees would be charged on a time and materials basis in accordance with the following rate schedule, and each invoice would detail the project and services provided. No work would commence without authorization from designated Agency staff. Principal/Director $185 Senior Associate $150 Associate/Acquisition Agent $130 Senior Analyst $105 Analyst $ 95 Research Assistant/Real Estate Technician $ 85 Word Processor $ 65 Clerical $ 55 Reimbursables Cost Plus 10% Reimbursable expenses shall mean necessary out-of-pocket expenses incurred by the CONSULTANT in the performance of this Agreement for postage, printing and duplication costs, and messenger costs. Reimbursable expenses shall be billable at the actual costs reasonably incurred therefore plus a 10% surcharge. Within ten (10) days after the last day of any month, the CONSULTANT shall submit an invoice to the AGENCY itemizing tasks performed and related reimbursable expenses. The hourly rates for professional services rendered pursuant to this Agreement shall be those presented above. SECTION 7. PAYMENT PERIOD. The AGENCY shall review the invoices submitted by CONSULTANT to determine whether the nature and extent of the services performed are consistent with this Agreement. Payment shall be made within thirty-five (35) days following receipt of the invoice by the AGENCY or AGENCY shall give to CONSULTANT a written notice objecting to charges, including a statement of reasons for such objections. SECTION 8. RIGHT OF TERMINATION. This Agreement may be terminated by the AGENCY, with or without cause, in its sole discretion, on ten (10) days written notice to the CONSULTANT. In such event, the CONSULTANT shall, on the AGENCY's request, promptly surrender to the AGENCY all completed work and work in progress, and all materials, records, and notes procured or produced pursuant to this Agreement. The CONSULTANT may retain copies of such work products as a part of its record of professional activity. The CONSULTANT is cognizant of the fact that all information and material obtained by the CONSULTANT from the AGENCY during the performance of this Agreement shall be treated as strictly confidential, and shall not be used by the CONSULTANT for any purpose other than the performance of this Agreement. The CONSULTANT shall be reimbursed for all expenses incurred to the date of termination. M Documents and Settingslfacosta\Local SetUngs)Temporary Internet ReMPDRDA 07 doc 2 Contract No. R26700B SECTION 9. REPORTS AND DOCUMENTS. All reports, agreements and other documents prepared by the CONSULTANT pursuant to this Agreement are the property of the AGENCY and shall be turned over to the AGENCY upon expiration or termination of this Agreement. The AGENCY may use, duplicate, disclose, and/or disseminate, in whole or in part, in any manner it deems appropriate, all papers, writings, documents, reports and other materials of whatever kind prepared, produced or procured in the performance of this Agreement, which are delivered to or acquired by AGENCY. SECTION 10. INDEPENDENT CONTRACTOR. The parties hereby acknowledge that the CONSULTANT is an independent contractor and shall not be considered to be an employee of the AGENCY. SECTION 11. INDEMNITY. CONSULTANT hereby agrees to and does indemnify, defend and hold harmless the AGENCY, and any and all of their respective officers, employees, and representatives from any and all claims, liabilities and expenses, including attorney fees and costs that arise out of CONSULTANT'S performance of this Agreement. However, if the CONSULTANT is joined in any legal action taken against the AGENCY except actions based on the negligent or wrongful acts of the CONSULTANT, the AGENCY will indemnify, defend and hold harmless the CONSULTANT. SECTION 12. NOTICES. Notices pursuant to this Agreement shall be given by personal service or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed as follows: TO AGENCY: Carols Ortega, Executive Director Palm Desert Redevelopment Agency City of Palm Desert 73-510 Waring Drive Palm Desert, California 92260 TO CONSULTANT: Rosenow Spevacek Group, Inc. 309 West 4th Street Santa Ana, California 92701 Notices shall be deemed to be given as of the date of personal service, or two (2) days following the deposit of the same in the course of transmission of the United States Postal Service. SECTION 13. BINDING EFFECT. This Agreement shall be binding upon the parties hereto and their successors in interest. SECTION 14. ASSIGNMENT. CONSULTANT shall not be permitted to assign any of its rights or obligations hereunder, except to subconsultants as approved by the AGENCY and except for the payment of funds due from the AGENCY, without prior written consent of the AGENCY. The consent of the AGENCY to an assignment shall not be unreasonably withheld, but prior to approving any assignment involving the performance of any obligations pursuant to this Agreement, the AGENCY shall be satisfied by competent evidence that the assignee is financially able and technically qualified to perform those services proposed to be assigned. In the event of such assignment, the AGENCY may condition the same so as to ensure compliance with the provisions of this Agreement. M \Documents and SettingVacosta\Local Settings\Temporary Internet Files\PDRDA 07 doc 3 Contract No. R26700B SECTION 15. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable laws in performing its obligations under this Agreement. SECTION 16. CONFIDENTIALITY. Information and materials obtained by the CONSULTANT from the AGENCY during the performances of this Agreement shall be treated as strictly confidential, and shall not be used by the CONSULTANT for any purpose other than the performance of this Agreement. SECTION 17. CONSULTANT'S LIABILITY AND INSURANCE, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The CONSULTANT shall assume all responsibility for damages to property or injuries to persons, including accidental death, which may be caused by the CONSULTANT'S performance of a contract, whether such performance is by himself, his subcontractor, or anyone directly or indirectly employed by him and whether such damage shall accrue or be discovered before or after termination of contract. The Agency shall be provided a certificate of insurance verifying the CONSULTANT'S liability insurance coverage. SECTION 18. WORKERS' COMPENSATION INSURANCE. The CONSULTANT agrees to maintain at its expense, during the term of this Agreement, all necessary insurance for its employees engaged in the performance of this Agreement, including, but not limited to, workers' compensation insurance, and to provide the AGENCY with satisfactory evidence of such insurance coverage upon the AGENCY'S request. SECTION 19. DISCRIMINATION. The CONSULTANT agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the CONSULTANT agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights. IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the parties hereto on the day and year first herein above written. ATTEST: PALM DESERT REDEVELOPMENT AGENCY al Title: Date: ROSENOW SPEVAC GROUP INC. J se Acosta, ce Preside Dat It , 7 By: /I i Kathleen Rosenow Treasurer Date: M \Documents and Settings\facosta\Local Settings\Temporary Internet Files\PDRDA 07 doc 4 ATTACHMENT A SCOPE OF SERVICES A. REAL ESTATE FINANCIAL CONSULTING/IMPLEMENTATIONAGREEMENTS Development Planninq and Analysis: RSG is available to provide development planning and analysis for specific project undertakings. Typically, this would involve preparation of a Design for Development for adoption by the Agency that sets the basic parameters for proposed development. The options available to the Agency for development of a specific site can be analyzed to determine the optimal outcome and a recommended project. 2. Development Pro Forma Analysis/Negotiation: RSG is available to provide project financial pro formas for potential redevelopment projects to assist the Agency in determining the financial viability of a project and determine the degree of participation which may be required by the Agency. RSG is also available to assist with developer negotiations as needed. 3. Agreement Preparation: RSG is available to assist Agency staff and legal counsel in the drafting of agreements (typically, Disposition and Development Agreements or Owner Participation Agreements). These agreements outline the responsibilities of both the proposed owner/developer and the Agency. 4. Agreement Processinq: RSG is available to prepare the back-up materials, agenda staff report, and summary report (required by redevelopment law) and assure that proper noticing and hearings are held in conformance with law. B. PROJECT ACCOUNTING AND FINANCE Tax Increment Financinqs: The Agency has been implementing its programs with funds realized by prior bond issues. As revenue increases and funds are needed for additional implementation activities, RSG is available to provide fiscal consulting services needed for the issuance of tax increment securities. These services would include tax increment revenue projections based on current year assessed valuations, historical trends, building permits issued for in -progress projects, review of planned new development, and the effects of pass -through agreements. RSG is also available to provide financial advisory services, assist with preparation of Official Statements, and other issuance procedures. 2. Pass-Throuqh Calculations: The Agency is required to make annual pass -through payments to taxing entities and various property owners/developers pursuant to the terms of certain agreements. RSG is available to calculate these payments on behalf of the Agency. 3. Disclosure Reports: RSG is available to assist the Agency with the preparation of ongoing disclosure reports for outstanding bond issues. M \Documents and Settings\facosta\Local Settings\Temporary Internet Files\PDRDA 07 doc 5 4. Finance Strateqies: RSG has worked with the Agency in the past to determine the best use of the funds available. Because the Agency is involved in both public improvements and private developments, it is important that the tax exempt funds (which must be used for public projects) and other less restricted funds be used to their best end. RSG can advise the Agency regarding its best use of bond proceeds, housing funds, land/real estate proceeds, and tax increment funds. C. REPORTING REQUIREMENTS RSG is available to assist the Agency in preparing the following documents and reports required by State law: 1. Annual Budget and Work Proaram: Redevelopment Law (HSC Section 33606) requires all redevelopment agencies to prepare an annual budget that includes the proposed expenditures, proposed indebtedness, anticipated revenues, a work program for the coming year, and an analysis of prior year accomplishments. RSG is available to assist with this task and would utilize information from the Agency budget to prepare the annual budget to comply with Redevelopment Law. 2. State Controller's Report: If needed, RSG will assist staff in preparing this required report, particularly the Housing and Community Development portion of the report. 3. Statement of Indebtedness: RSG is available, if needed, to assist with the preparation of this document, although likely this has been, and will continue to be done by the Agency Finance Division. 4. Monitorinq Deed Restrictions: Redevelopment Law requires the Agency to expand and improve the supply of affordable housing and to record deed restrictions to assure continued income level compliance. RSG is available to monitor these deed restrictions if needed. D. AFFORDABLE HOUSING PROJECTS Comprehensive Strategy: RSG is available to assist with the future updates of a comprehensive affordable housing strategy. RSG is also available to prepare the Agency Housing Plan a requirement of the Stipulated Judgment. 2. Specific Proiect/Site Identification: The Agency has specific requirements to rehabilitate and develop new affordable housing. It may behoove the Agency to identify specific projects and sites that could be utilized for this purpose. 3. Developer Selection/Negotiation: RSG is available to assist in the developer selection process, as well as in negotiating terms and agreements for future housing development. 4. Financinq: RSG has a background in developing various financing alternatives, making use of 20% set -aside funds, tax allocation bonds, tax credit opportunities, and other revenue bond formats to assure the most efficient and effective way of leveraging Agency funds for the development of housing. M \Documents and Settings\facosta\Local Settings\Temporary Internet Files\PDRDA 07 doc 6 E. REAL ESTATE SERVICES RSG is available to perform real estate related services. These services include: Propertv Manaqement: If needed, RSG is available to provide property management services for Agency -owner properties. Typically, RSG has provided interim management services when either the property will be held for only a short time, or when time is needed to select a long-term, permanent management company. 2. Propertv Acquisition/Negotiation: Implementation programs frequently require property acquisition and negotiation services. RSG is available as needed to provide such services. All services will be provided in conformance with State guidelines regulating the acquisition of properties by public entities. 4. Relocation: From time to time, relocation services have been required, and although RSG does not directly provide these services, RSG has contracted with, and overseen the work of; other specialty relocation consultants and can provide this service. F. AGENCY ADMINISTRATION RSG is available to assist the Agency with all other administrative activities as needed. RSG has experience in assisting staff with establishing procedures that can then be implemented without consultant involvement. Other administrative activities may include: 1. Agenda Materials: RSG will draft resolutions, reports, notices, plans, agenda staff reports, and back-up materials as requested by Agency staff. 2. Meetings: RSG staff is available to attend meetings of the City Council/Agency, Planning Commission, project advisory committees, and property owners and residents, when necessary. RSG has a track record of developing good working relationships with both affected citizens and with staff members. 3. General Administrative Services: RSG is available to assist the Agency with all other administrative matters on an as -needed basis. These services could include assisting with Agency filing document control systems, providing specialized services related to real estate appraisals, acquisition negotiations, relocation, marketing analysis, detailed development analysis or goodwill appraisals. RSG may not directly provide all of these services but could assist by identifying those consultants who have experience in the necessary areas of expertise. M \Documents and Settings\facosta\Local Settings\Temporary Internet Files\PDRDA 07.doc SPECIAL PROJECT ACTIVITIES RSG is available to prepare necessary analysis and documentation for any specific implementation activities. Specific Proiect Activities: As necessary, RSG is available to analyze specific projects, develop schedules and budgets, and prepare necessary documentation. 2. Economic Development: Implementation of the Redevelopment Plans should be accomplished in such a way as to promote economic stability and future revenue flow to the Agency and other taxing entities. With periodic slowdowns in real estate market activities, it is necessary for redevelopment agencies to take a lead role in promoting local economic development. RSG is available to aid the Agency in analyzing the costs and benefits of specific development proposals and users and to help create a program which is beneficial to the local tax base. M \Documents and Settings\facosta%oval Settings\Temporary Internet Files\PDRDA 07 doc 8 Contract No. R26700C I REASCO I REAL ESTATE ANALYSIS SERVICES CO. 73-413 BROKEN ARROW TRAIL; POST OFFICE BOX 2809 PALM DESERT, CALIFORNIA 92261-2809; TEL: (760) 340-1429 FAX: (760) 340-2041; EMAIL: LRW REASCO@AOL.COM CONSULTANT AGREEMENT This agreement is made at Palm Desert, California on by and between the Palm Desert Redevelopment Agency (the "AGENCY") and Real Estate Analysis Services Company (CONSULTANT) who agree, as follows: 1. SERVICES TO BE PROVIDED BY CONSULTANT: Subject to the terms and conditions set forth in this agreement, CONSULTANT shall provide consulting services to the AGENCY, on an as -needed basis, on projects specified by the AGENCY. 2. DURATION OF THIS AGREEMENT: This agreement shall begin July 1, 2007 and shall continue for a period of twelve (12) months until June 30, 2008. 3. SCHEDULE FOR BILLING: For the duration of this agreement, CONSULTANT shall bill the AGENCY at the beginning of each month for work CONSULTANT has performed at the request of the AGENCY in the previous month. 4. MONTHLY FEE SCHEDULE: a. For the first 25 hours billed in a month, the hourly rate shall be $137.00. b. For the next 15 hours billed in the same month, the hourly rate shall be $126.00. c . For the next 10 hours billed in the same month, the hourly rate shall be $117.00. d. For all subsequent hours billed in in the same month, the hourly rate shall be $104.00. 5. ANNUAL NOT -TO -EXCEED AMOUNT: a. For the duration of this agreement, the aggregate fee shall not exceed $50,000. 6. INDEPENDENT CONTRACTOR: At all times during the term of this agreement, CONSULTANT shall perform all the heretofore described services as an independent contractor, and not as an employee of the AGENCY. Pursuant to this agreement, the AGENCY shall not control or significantly influence CONSULTANT's working hours, work environment or work methods. The AGENCY is solely interested in the results of CONSULTANT's services. This agreement is hereby executed as of the date first mentioned above. Palm Desert Redevelopment Agencv By: Attest: Real Estate Analvsis Services Co. ("CONSULTANT") By: Leonard R. Wolk Title: President CONSULTING FOR PALM DESERTPROA AQR FOR FY 07-08` 29-May-07