2012-19 RESOLUTION NO. OB 2012- 19
A RESOLUTION OF THE OVERSIGHT BOARD -OF THE
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA,
APPROVING AND RATIFYING AGREEMENT WITH THE HdL
COMPANIES FOR PROPERTY TAX CONSULTING AND
AUDITING SERVICES
WHEREAS, on February 23, 2010, the former Community Redevelopment
Agency of the City of Grand Terrace (Former RDA) entered into a valid Agreement
with The HdL Companies (HdL Coren & Cone) for Property Tax Consulting and
Auditing Services (Former Agreement); and
WHEREAS, the Former Agreement provides the Executive Director of the
Former RDA with direction to exercise an option to extend the Former Agreement
for up to two years; and
WHEREAS, on December 11, 2012, the Successor Agency of the Former
RDA approved an extension and amendment to the Former Agreement through
June 30, 2014 by approving the attached Professional Consultant Services
Agreement; and
WHEREAS, the Oversight Board now wishes to express its approval and
ratification of such extension and amendment.
NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT
AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Oversight Board finds and determines that the foregoing
recitals are true and correct.
SECTION 2. The Oversight Board approves and ratifies the Professional
Consultant Services Agreement, attached hereto as Attachment 1, which extends
the term of the Former Agreement through June 30, 2014 and amends the Former
Agreement to provide for successor agency-related services as approved by the
Successor Agency.
SECTION 3. The Executive Director of the Successor Agency is authorized
and directed to submit this Resolution and its accompanying Professional
Consultant Services Agreement to the California Department of Finance, and any
other relevant governmental entity. The Executive Director of the Successor
Agency is further authorized to sign the Professional Consultant Services
Agreement and take all other actions necessary and required to carry out this
Resolution. This includes, but is not limited to, taking those actions necessary and
required under the Health & Safety Code or any other applicable law.
SECTION 4. Except as otherwise permitted or required by law, this
Resolution shall not be effective until 5 business days after its adoption by the
Oversight Board or upon final approval, pursuant to Health & Safety Code section'
34179, by the California Department of Finance, whichever occurring sooner.
SECTION 5. The Successor Agency shall maintain on file as a public
record this Resolution and the Third ROPS as approved hereby.
PASSED, APPROVED and ADOPTED at a Regular Meeting of the Oversight.
Board of the Successor Agency to the Community Redevelopment Agency of the
City of Grand Terrace held this 19th day of December, 2012, by the following vote:
AYES: Board Members Mitchell, Shi&lds and Morga, Vice-Chairman Sacks and
Chairman Stanckiewitz
NOES: None
ABSENT: Board Member Miranda
ABSTAIN: None
Chair, Successo�Agency to the Community
Redevelopment Agency of the City of
Grand Terrace
Secretary,6�ucEessor AgNy to the Community
Redevelopment Agency of the City of Grand Terrace
Attachment 1
Extension Agreement HdL Coren & Cone) for Property Tax.Consulting and
Auditing Services
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
The HdL Companies
Property Tax Consulting/Audit Services
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is
made and entered into this 11th day of December , ("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,ABX1 26 and AB 1484 ("Dissolution Bills") dissolved all redevelopment agencies
in the State of California;
WHEREAS,the City of Grand Terrace ("City") opted-in to becoming the successor agency of
the Community Redevelopment Agency of the City of Grand Terrace and, as successor agency
pursuant to ABX1 26 and AB 1484, has assumed all assets, rights, obligations, liabilities, and
other similar rights of the Community Redevelopment Agency of the City of Grand Terrace
("Former-RDA");
WHEREAS,because it opted to assume all assets, rights, obligations, liabilities, and other
similar rights of the Former-RDA,the City formed the Agency;
WHEREAS, on February 23, 2010,the Former-RDA entered into a valid agreement with
Consultant for the purpose of providing Property Tax Consulting/Audit Services ("Former-
Agreement"),which is on file with the Grand Terrace City Clerk;
WHEREAS,the Former-Agreement provides the Executive Director of the Former-RDA with
discretion to exercise an option to extend the Former-Agreement by up to two years;
WHEREAS,the Agency, as successor to the Former-RDA pursuant to the Dissolution Bills,
intends,through this Agreement,to exercise the option to extend the Former-Agreement by up to
two years and to amend the Former-Agreement.
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 and Fees", attached hereto and incorporated herein by reference, in conjunction with
Property Tax Consulting/Audit Services ("Services").
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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.
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
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Analyst $ 65 per hour
Administrative $45 per hour
Hourly rates are exclusive of expenses and are subject to adjustment by Consultant
annually. On July 1 st 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 Recognize'l-Obligation Payment Schedule ("ROPS") for the next
ROPS period,pursuant to the Health & L ..ay Code, in addition to the any fee payable under this
Agreement. 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 Asencv: To Consultant:
Successor Agency to the Grand Terrace HdL Coren & Cone
Redevelopment Agency Attn: Paula J. Cone
Attn: Finance Director 1340 Valley Vista Drive#200
22795 Barton.Road Diamond Bar, California 91765
Grand Terrace, California 92313
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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.
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.
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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, 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 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'
r- compensation, or to undertake self-insurance before commencing any of the work. Consultant
i, 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,
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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 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 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.
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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.
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
i
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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 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
ABXI 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
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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 attached hereto are incorporated herein to this
Agreement by this reference:
Exhibit"A"—Scope of Services
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:
HdL Coren & Cone, a California
By: 7_ Corporation
Exutive]director ��: �SIA_
By:
APPROVED AS TO FORM: l/
PIW6A COA16
[Printed Name]
Agency Counsel [Title]
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EXHIBIT "A"
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 Manaeement Analvses (1)
The company will provide the following reports. Reports are also
available from prior years if required.
• A five.year history of the values within the city, successor agency and
custom (city defined) geographic area;
• A listing of the largest value changes, positive and negative between
tax years;
• A listing of the major property owners, including the assessed value of
their property and property use code designation;
• A listing of the major property tax payers, including an estimate of the
property taxes;
A listing of property tax transfers which occurred since the lien date
ordered by month;
• A listing of parcels that have not changed ownership since the
enactment of Proposition 13;
• A multiple year comparison of growth by use code designation over a
10 year period;
• State Appropriation Limit calculations;
• A listing of multiple owned parcels;
• A 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.
(1) Reports area based upon property tax information obtained from your county
and supplemented by additional information from third parties. Some reports
are dependent upon the availability of county data in electronic format.
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Successor Aeencv Services
Successor Agency Services including but not limited to:
• Tax increment projections
• Cash flows for the Successor Agency by Project Area
• Assistance with Redevelopment 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 Svstem Uodates
• A listing of property tax appeals filed on properties in the City where
data is available for purchase from the Clerk of the Board.
• A 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 HcILCC provides a web-based software application to clients as a
user-friendly tool to access the City's .property, tax data. HcILCC
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 staff members or staff
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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 Coren & 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.
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