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HomeMy WebLinkAboutHdL Coren & Cone-2013-03 161 PROFESSIONAL CONSULTANT SERVICES AGREEMENT The HdL Companies Property Tax Consulting/Audit Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 9th day of April, 2013 , ("Effective Date") by and between the SUCCESSOR AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ("Agency"), a public entity, and HdL Coren & Cone, a California Corporation, ("Consultant"). RECITALS WHEREAS, the Agency is required by ABX1 26 and AB 1484, relating to dissolution of redevelopment, ("Dissolution Bills") to carry out the wind-down of the former-Community Redevelopment Agency of the City of Grand Terrace ("Former-RDA"); WHEREAS, the Agency, in order to carry out the requirements of the Dissolution Bills, has need of the property tax services offered by Consultant, more particularly described in Exhibit "A" of this Agreement ("Services"), and Consultant desires to provide the Services to the Agency; WHEREAS, the Consultant has the specialized skills necessary to carry out the Services required by the Agency; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services", attached hereto and incorporated herein by reference, in conjunction with Property Tax Consulting/Audit Services ("Services"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2014, unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended up to two years at the discretion of the Agency Executive Director. 3. Compensation/Payment. 3.1 Base Fixed Fee Services.Consultant shall perform the Services under this Agreement for an annual fee of $2,500.00 (Two Thousand Five Hundred Dollars) for services set forth in Exhibit "A." Said payment shall be made in accordance with the Agency's usual accounting procedures upon receipt and approval of an invoice setting forth the services performed. The invoices shall be delivered to the Agency at the address set forth in Section 4 hereof. V 3.2 Base Contingent Fee Services. For Base Services pursuant to Exhibit "A" which are payable on a contingent basis, Consultant may receive 25 percent of net tax increment property tax revenue or other revenues attributable to the Agency, City of Grand Terrace departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by Consultant (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews). In order to receive the Base Contingent Fee, Consultant shall separate and support said reallocation and provide Agency with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. Consultant shall also submit evidence that corrections have been made by the appropriate agency which has or will result in amounts due as a result of revenue recovery or allocation. Such documentation shall be delivered to the Agency at the address set forth in Section 4 hereof. Upon such a submission of the itemized invoice and evidence described above, the Agency shall include the Base Contingent Fee in the Recognized Obligation Payment Schedule ("ROPS") for the next ROPS period, pursuant to the Health & Safety Code, in addition to any fee payable under this Agreement. Payment of the Base Contingent Fee shall not occur until the California Department of Finance approves the Base Contingent Fee as an enforceable obligation, as defined by the Health & Safety Code, which is properly listed on a ROPS and until such tax increment has been allocated to the Agency by the San Bernardino County Auditor-Controller for the purpose of payment of the Base Contingent Fee on the relevant ROPS. 3.3 Optional Services. Fees for Optional Services which are not provided for under Exhibit "A" shall be billed at the following hourly rates: Partner $225 per hour Principal $195 per hour Associate $150 per hour Senior Analyst $100 per hour Analyst $ 65 per hour Administrative $ 45 per hour Hourly rates are exclusive of expenses and are subject to adjustment by Consultant annually. On July 1st of each year Consultant shall provide Agency with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year. In addition, expenses for Optional Services shall be billed at 1.15 times actual incurred costs. In order to receive payment of any fee for Optional Services, Consultant shall provide a separate itemized invoice to the Agency showing all amounts due as a result of Optional Services performed. Such documentation shall be delivered to the Agency at the address set forth in Section 4 hereof. Upon such a submission of the itemized invoice described above, the Agency shall include such fees in the Recognized Obligation Payment Schedule ("ROPS") for the next RODS period, pursuant to the Health & Safety Code, in addition to the any fee payable under this Agreement. 2 Payment of the fee for Optional Services shall not occur until the California Department of Finance approves such a fee as an enforceable obligation, as defined by the Health & Safety Code, which is properly listed on a ROPS and until such tax increment has been allocated by the San Bernardino County Auditor-Controller to the Agency for the purpose of payment of such fees for Optional Services on the relevant ROPS. 3.4 Payment for any Services Provided Contingent upon Approval as an Enforceable Obligation. Notwithstanding the forgoing, Consultant acknowledges and agrees payment of any fees described above may be contingent upon approval thereof as an enforceable obligation listed on a ROPS, and that such approvals are made by the Oversight Board for the Agency, the California Department of Finance, and various other relevant public agencies. In the event that the Oversight Board for the Agency, the California Department of Finance, or any other relevant public agency determines that such fees, or any portion thereof, are not an enforceable obligation that is properly listed on a ROPS, Consultant will not be entitled to payment of such fees unless a court of competent jurisdiction overturns such a determination. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency: Successor Agency to the Grand To Consultant: Terrace Redevelopment Agency Paula J. Cone Attn: Executive Director HdL COREN & CONE 22795 Barton Road 1340 Valley Vista Drive #200 Grand Terrace, California 92313 Diamond Bar, California 91765 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by the applicable governing body of the Agency. The Director's determination is on file and open to inspection in the office of the Secretary of the Successor Agency, or the Agency's equivalent office, and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 u v 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require Agency Manager and/or Agency Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the Agency. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. Except as to the sole negligence or willful misconduct of the Consultant, Agency shall defend, indemnify and hold the Consultant, and its officers, employees and agents, 4 V harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Agency. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Agency and its employees, subcontractors or agents. 11.2 PERS Eligibility Indemnification. Except as otherwise stated in this Agreement, Consultant, its employees, agents, or subcontractors will not be eligible for any paid benefits for federal, social security, state workers' compensation, unemployment insurance, professional insurance, medical/dental, retirement PERS or fringe benefits offered by the Agency or City of Grand Terrace. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the Agency or the City of Grand Terrace, Consultant shall indemnify, defend, and hold harmless Agency and City of Grand Terrace for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Agency or City of Grand Terrace. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant 5 V pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.2 Prior to Agency's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the Successor Agency of Community Redevelopment Agency of the City of Grand Terrace, the City of Grand Terrace and their officers, employees and agents, are added as additional insureds under this policy, solely for work done by and 6 i. on behalf of the named insured for the Successor Agency of Community Redevelopment Agency of the City of Grand Terrace and the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the Agency from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Services. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Services, or any publicity pertaining to the Services or the Services in any magazine, trade paper, newspaper, television or 7 V radio production, website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All contracts and invoices prepared under this Agreement by Consultant shall be and remain the property of Agency upon Agency's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Services affected by the above- described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit "B" have any real property, business interests or income interests that will be affected by these services or, alternatively, that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Agency's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. 8 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Services. 24. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25. Venue and Attorneys' Fees. Except as otherwise provided by Parts 1.80 and 1.85 of the Health & Safety Code, any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 26. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have 9 V the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 30. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 30.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 30.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit "A" shall be controlling. 32. Redevelopment Dissolution Disclaimer. Consultant acknowledges and agrees that the Agency's approval of this Agreement may be subject to a number of legal requirements which may include but not limited to approvals by the California Department of Finance, the Oversight Board for the Successor Agency, County of San Bernardino, and any other relevant public agency ("ABX1 26 Approvals") in order to make this Agreement effective. Consultant acknowledges and agrees that the Agency and the City of Grand Terrace has no control over ABX1 26 Approvals. Consultant hereby acknowledges and agrees that it will not bring any claims, demands, suits, actions or proceedings of any kind or nature against the Agency, City of Grand Terrace, and either of their respective agents, employees, consultants or volunteers related to ABX1 26 Approvals as it relates to this Agreement. 33. Exhibits. The following exhibits are attached hereto and incorporated herein to this Agreement by this reference: Exhibit "A" — Scope of Services Exhibit "B" — Personnel 10 IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be duly executed the day and year first above written. SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF GRAND TERRACE, A Public Entity Consultant: By: HdL Coren & Cone, a California Ex utive 'rector Corporation APPROVED AS TO FORM: Paula J. Co Agency Counsel President 11 V EXHIBIT "A" SCOPE OF SERVICES Scope of Services Services provided include property tax management service, secured and unsecured parcel audits, assessment district processing, budget projections, Successor Agency support, and bond fiscal analysis Reports and Management Analyses The company will provide the following reports. Reports are also available from prior years if required. • Five-year history of the values within the city, successor agency and custom (city defined) geographic area; • Listing of the largest value changes, positive and negative between tax years; • Listing of the major property owners, including the assessed value of their property and property use code designation; • Listing of the major property tax payers, including an estimate of the property taxes; • Listing of property tax transfers which occurred since the lien date ordered by month; • Listing of parcels that have not changed ownership since the enactment of Proposition 13; • Multiple-year comparison of growth by use code designation over a 10-year period; • State Appropriation Limit calculations; • Listing of multiple owned parcels; • Listing of absentee owner parcels; • Calculate an estimate of property tax revenue anticipated to be received for the fiscal year based upon the initial information provided by the County and subject to modification. This report is interactive for tax modeling. This estimate shall not be used to secure the indebtedness of the City. • Foreclosure data and bank-owned property listings; • Property sales information, and Proposition 8 exposure and recapturing potential; • Analyses based on geo areas designated by the City to include assessed valuations and square footage computations for use in economic analysis and community development planning. Reports area based upon property tax information obtained from County of San Bernardino and supplemented by 12 4101 additional information from third parties. Some reports are dependent upon the availability of county data in electronic format. Successor Agency Services Successor Agency Services including but not limited to: • Tax increment projections; • Cash flows for the Successor Agency by Project Area; • Assistance with Recognized Obligation Payment Schedules; • Assistance in providing property tax information for the taxing agencies receiving property tax revenues from former Project Areas; • Estimates of property tax revenues to be received by the taxing entities from former Project Areas; • Provide property tax information to the Oversight Board at the direction of the Successor Agency; • Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency; • Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency; • Coordinate with the Auditor-Controller the relationship between the tax-sharing, debt service and other obligations of former redevelopment agency; • Prepare as needed an assessment of resources available to the Successor Agency to meet the long-term obligations of the former redevelopment agency; Quarterly Reports and System Updates • Listing of property tax appeals filed on properties in the City where data is available for purchase from the Clerk of the Board. • Listing of property transfers that have occurred since the last report will be available through the software provided and updated on a quarterly basis. Web-Based Software • The HdLCC provides a web-based software application to clients as a user- friendly tool to access the City's property tax data. HdLCC provides updates to the data portion of the product on monthly basis to reflect changes in ownership, updated appeals filings, and deed recordings. • As modifications and enhancements are made to the program, clients receive the enhanced version of the software at no additional cost. Training will be provided to city staff within the first two months after the execution of the agreement for property tax management and audit services and is available annually for new 13 V V staff members or staff requiring a refresher course. If additional training sessions are required, the fees in the compensation section under hourly fees will be charged. Identification and Correction of Errors HdL Goren & Cone has the technology, methodology and trained staff to analyze all secured parcels within the City of Grand Terrace to identify costly errors resulting in the misallocation of property taxes. The company audits the secured and unsecured property tax rolls to ensure that each is coded to the appropriate taxing entity. The company performs an analysis of the Assessor Rolls to identify all parcels on both the secured and unsecured tax rolls and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the City. This analysis is accomplished through the use of specialized computer software, GIS maps, assessor maps, city maps, city records, other pertinent documents, and field investigations. On-Going Consultation During the term of the contract, we serve as the resource staff to the County or agency on questions relating to property tax. This includes being "on-call" to assist with any property tax issues. On-going consultation would include, but not be limited to inquiries resolved through use of the City of Grand Terrace data base. All requests for information based upon the County's property tax data sets are provided without additional costs. Special reports, additional research, or requests requiring additional computer programming may entail some additional costs. Attendance at City and/or Successor Agency meetings will be billed at our hourly rates. 14 V EXHIBIT "B" PERSONNEL Following is a listing of Consultant's key staff who may be assigned to work on the Agency's account, along with the experience and qualifications of each staff member. Paula Cone, Partner Paula Cone is a partner with HdL Coren and Cone and has over twenty years of municipal experience in finance and city management. In 1990 she developed the first cost-effective and accurate computer program for identifying, monitoring, auditing and correcting property tax misallocations. She oversees the company's property tax management and auditing divisions which are also responsible for verifying and correcting jurisdictional and boundary errors. Ms. Cone is a frequent speaker at municipal government conferences throughout the state and currently serves on the League of California Cities Community Service Committee. Ms. Cone earned her Bachelor's degree from California State University at Long Beach in 1969. She is former Parks and Recreation Director and Assistant City Manager of the City of Lawndale. Martin Coren, Partner Martin Coren joined HdLCC in 1992, after twenty years of experience providing legislative and financial consulting services to state and local government, particularly cities and redevelopment agencies. Martin was a legislative assistant in the State Assembly and a legislative and redevelopment financial consultant to more than 100 cities and redevelopment agencies. He was a founding partner of Katz, Hollis, Coren, Inc. He has been an instructor for the California Redevelopment Institute on low and moderate-income housing and a member of the California Redevelopment Association technical advisory committees on affordable housing and legislation, and currently chairs the technical committee on the implementation of statutory tax-sharing (AB 1290 and SB 211). He is also the author of the chapter on "Financing Redevelopment Projects" for Introduction to Redevelopment published by the California Redevelopment Association. David Schey, Principal Mr. Schey has 34 years of experience in government service and consulting. His experience includes service as Planning Director, Community Development Director and Deputy Director of Redevelopment for the City of Indian Wells. He has been instrumental in the formation of numerous special assessment districts and in the development and adoption of redevelopment project areas. As a consultant to city and county agencies, he has provided development and consulting services that include planning, project management and finance. Mr. Schey has participated in the issuance of tax allocation, revenue and assessment district bonds as both a consultant and as the principal staff representative. As an active participant in the affairs of his community, Mr. Schey served the City of Diamond Bar as a member and chairman of both the Planning Commission and Parks 15 V � and Recreation Commission. Education: Bachelor of Arts, University of California; Los Angeles, California; Bachelor of Arts, California State University; Long Beach, California; Master of Public Administration, University of Southern California; Los Angeles, CA Cheryl Murase, Principal Cheryl Murase joined HdLCC after five years with O'Connor & Company Securities as a Vice President. Prior to that, Ms. Murase worked for a California municipal financial advising firm for five years in Senior Associate and Associate positions where she gained experience in structuring a wide variety of issues including tax allocation, certificates of participation, Marks-Roos and Mello-Roos. Her understanding of county assessments of property value and tax collections has aided in the projection of tax increment revenue. She has assisted clients with various government reporting requirements, and has gathered information necessary for continued rating of debt. Ms. Murase gained her municipal accounting background from working in a variety of capacities for the cities of Montebello and Commerce. She served as the Redevelopment Accountant for the City of Commerce. Nichole Cone, Principal Nichole Cone joined HdLCC in 1992. She is responsible for the acquisition and processing of county assessor and auditor-controller data. Preparation and production and delivery of property tax reports and the preparing the property tax program for client delivery are also part of Ms. Cone's responsibilities. She serves as the contact person for all production and questions regarding the HdLCC Comprehensive Annual Financial Report (CAFR) product. Education: Bachelor of Arts, Loyola Marymount University, Los Angeles, California. Robert Scherer, Associate Robert Scherer joined HdL Goren and Cone in 2004. He is responsible for the acquisition and preparation of County data, and is the lead designer of HdLCC's property tax analytical reports system. Mr. Scherer earned his Bachelor's degree in Business Administration, Computer Information Systems from California State Polytechnic University, Pomona, California. Joel Hermann, Associate Joel Hermann joined the HdL Companies in 1996. He has expertise in several programming languages, database design, and Windows© network environments. He is the lead programmer for several of HdLCC's data entry, processing, and data mining projects. He has extensive experience in analyzing and preparing city and special district direct assessments. Joel works closely with client city staff and provides technical support and training for the HdLCC Property Tax software application. 16 boo hal plry City of Grand Terrace . _ +tk. City Manager's Office 22795 Barton Road r,An.s Grand Terrace, CA 92313-5295 (909) 430-2240 January 23, 2013 Andrew Nickerson President, The HdL Companies 1340 Valley Vista Drive #200 Diamond Bar, CA 91765 Dear Mr. Nickerson: The City of Grand Terrace (City) entered into a Professional Consultant Services Agreement (Agreement) with The HdL Companies on February 23, 2010, to provide Sales, Use and Transaction Tax Audit Services. The term of the Agreement ended June 30, 2012, with a provision that it could be extended for another two years (through June 30, 2014) at the discretion of the City Manager. It was the City's intent to extend the Agreement in June 2012; however, due to a transition of key staff within the City, action was not taken to do so. Therefore, the purpose of this letter is to notify The HdL Companies of the City's desire to extend the Agreement for a two-year period, through June 30, 2014. Please sign your acceptance of this Agreement extension below and return one original letter to the City. Should you have any questions regarding this Agreement extension, please contact Steve Elam in the City's Finance Department at (909) 430-2218. Sincerely, 7 m45% Bet City Manager c: Cynthia Fortune, Finance Manager The City of Grand Terrace and The HdL Companies hereby agree to extend the Professional Consultant Services Agreement for Sales, Use and Transaction Tax Audit Services dated February 23, 2010 through June 30, 2014. All other terms and conditions of the Agreement will remain in force and effect. l-zs- a3 Bets . Adams Date An rewrew ickerson Date City Manager President City of Grand Terrace The HdL Companies V May 21, 2013 Paula J. Cone HdL Coren & Cone 1340 Valley Vista Drive #200 Diamond Bar, California 91765 Re: Professional Consultant Services Agreement Dear Ms. Cone: The Successor Agency of the Community Redevelopment Agency of the City of Grand Terrace at their meeting of April 9, 2013, approved an Agreement for Professional Consultant Services between the Successor Agency and HdL Coren & Cone for the purpose of Property Tax Consulting/Audit Services. Enclosed for your records, please find a fully executed copy of the Agreement. Also, pursuant to the agreement, please provide the required proof of insurance. If you have any questions, please contact me at 909 430-2230 or by email at tmartinezacitvofarandterrace.orq. Sincerely, Tracey Ma inez City Clerk Enclosure Civic Center, 22795 Barton Road, Grand Terrace, California, 92313-5295 (909) 824-6621 Fax (909) 783-7629 or (909) 783-2600