City of Culver City, California
Redevelopment Agency Agenda Item Report
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RECOMMENDATION:
Staff recommends the Culver City Redevelopment Agency (the “Agency”) authorize
execution of a $15,000 contract with Mr. Caleb Nelson for parking and property
management services.
BACKGROUND/DISCUSSION
In December 2006, the Economic Development division’s staff person responsible
for parking and property management retired, followed shortly thereafter by the
division’s Management Analyst, leaving no division staff available for these duties.
The Redevelopment division is unable to back-fill these positions in-house at this
time, as one Project Manager is on maternity leave and the Senior Management
Analyst will be leaving shortly, also on maternity leave. In an effort to maintain the
service and efficiency of the parking and property management services, staff
executed an administrative contract with Mr. Nelson until such time that a
replacement could be identified.
The parking management services entail working to resolve the needs of
commercial tenants, long-term and short-term studio use, and television and
commercial production companies. Property management services entail securing,
monitoring and maintaining properties acquired/controlled by the Agency for public
use (such as the Ivy Substation) or for future development (Washington/National
Triangle site, Pleasant View site, Baldwin site, etc.).
Mr. Nelson is experienced in both property management and maintenance, and is
currently performing the required duties with excellent results. The recommended
contract would secure Mr. Nelson’s services at a $25 per hour rate through the end
of June 2007, when the position may be addressed through the budget process.
Meeting Date: 03/19/07 Item Number: A1
AGENDA ITEM: Authorization to Enter into a Contractual Agreement with Mr.
Caleb Nelson for Parking Management and Property Management Services.
Contact Person/Dept.: Glenn Heald Phone Number: 310.253.5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: City Master Notification List (03/15/07).
Department Approval:
Todd Tipton (03/08/07)
Executive Director Approval:
Jerry Fulwood (3/14/07)
City Controller Approval:
Marlee Chang (3/14/07)
City of Culver City, California
Redevelopment Agency Agenda Item Report
Page 2 of 2
FISCAL ANALYSIS:
The recommended contract would ensure that adequate property and parking
management services will be maintained throughout the balance of Fiscal Year
2006-07. Adequate funds for this project have been budgeted in Program
59190400.619800 (Administration – Other Contractual Services).
ATTACHMENTS:
1. Standard Form Agency Contract
2. Exhibit A – Scope of Services
3. Exhibit B – Schedule of Compensation
MOTION:
That the Agency:
Authorize execution of a not to exceed $15,000 contract with Mr. Caleb Nelson for
parking and property management services that will be funded from program
59190400.619800.
MEETING DATE: March 19th, 2007
AGENDA ITEM: Contractual Services with Caleb Nelson.
ATTACHMENTS
Pages
1. Standard Agency Contract for Services with Caleb Nelson 1-5
2. Exhibit A — Scope of Services 6
3. Exhibit 13 — Schedule of Compensation 7-8Contract No. RA
CULVER CITY REDEVELOPMENT AGENCY
STANDARD FORM CONTRACT
WITH: CALEB NELSON
FOR: ECONOMIC DEVELOPMENT/REAL PROPERTY ASSISTANCE
THIS AGREEMENT is made and entered into by and between the CULVER
CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, hereinafter
referred to as "AGENCY", and CALEB NELSON, hereinafter referred to as
"CONTRACTOR".
1. CONTRACTOR'S SERVICES. Contractor agrees to perform during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of
Service" attached to and incorporated into this Agreement as Exhibit "A".
2. EFFECTIVE DATE AND TERM OF AGREEMENT. The effective date of this
Agreement shall be the date the Agency issues the Notice to Proceed to
Contractor and the term of this Agreement shall continue from that date until the
earlier of:
• Upon completion of the Scope of Work described in Exhibit "A";
• Termination, pursuant to Section 22;
• Exhaustion of approved compensation, pursuant to Exhibit B, Section D,
Maximum Compensation;
• Or as otherwise modified, pursuant to Section 19.
3. PAYMENT FOR SERVICES. Agency shall pay for the services performed by
Contractor pursuant to the terms of this Agreement, the compensation set forth
in the "Schedule of Compensation" attached to and incorporated into this
Agreement as Exhibit "B". The compensation shall be paid at the time and
manner set forth in said Exhibit "B".
4. TIME FOR PERFORMANCE. Contractor shall not perform any work under this
Agreement until (a) Contractor furnishes proof of insurance as required under
Paragraph 7 of this Agreement. All services required by Contractor under this
Agreement shall be completed on or before the end of the term of the
Agreement.
5. DESIGNATED REPRESENTATIVE(S)
Caleb Nelson shall be the designated Contractor Representative, and shall be
responsible for job performance, negotiations, contractual matters, and
coordination with the Agency. Contractor's professional services shall be
actually performed by, or shall be immediately supervised by, the Contractor
Representative.
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FILE NAME: 07-03-19 AlT CONTRACTUAL SERVICES CALEB NELSON.DOCPRINTED ON RECYCLED PAPERContract No. RA
6. HOLD HARMLESS. Contractor shall be responsible for any and all injuries to or
death of any person, and for any and all damage to any and all real or personal
property including Agency's or others, caused by or resulting from any acts,
errors or omission of Contractor, its employees or its agents arising out of or
connected with rendition of services hereunder. Contractor shall defend, hold
harmless and indemnify Agency, the City of Culver City and each of their officers
and employees from any and all liability claims, including costs, for damages to
real or personal property, or personal injury or death, resulting from Contractors,
its employees or agents acts, errors or omissions arising out of or connected
with rendition of services hereunder.
7 INSURANCE. Without limiting its obligations pursuant to Paragraph 6 of this
Agreement, Consultant shall submit one or more duly executed certificates of
Automobile Liability in the minimum amount of $100,000/$100,000.
8. INDEPENDENT CONTRACTOR STATUS. The Agency and Contractor agree
that Contractor, in performing the services herein specified, shall act as an
independent contractor and shall have control of all work and the manner in
which it is performed. Contractor shall be free to contract for similar service to
be performed for other employers while under contract with Agency. Contractor
is not an agent or employee of Agency, and is not entitled to participate in any
pension plan, insurance, bonus or similar benefits Agency provides for its
employees. Contractor shall be responsible to pay and hold Agency harmless
from any and all payroll and other taxes and interest thereon and penalties
therefore which may become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment is due and payable to Contractor
for current services are within the current budget and within an available,
unexhausted and unencumbered appropriation of the Agency. In the event the
Agency has not appropriated sufficient funds for payment of Contractor services
beyond the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year.
10. ASSIGNMENT. This Agreement is for the specific services with Contractor as
set forth herein. Any attempt by Contractor to assign the benefits or burdens of
this Agreement without written approval of Agency shall be prohibited and shall
be null and void; except that Contractor may assign payments due under this
Agreement to a financial institution. Agency may assign its rights and obligations
under this Agreement to the City of Culver City.
11. RECORDS AND INSPECTIONS. The Contractor shall maintain full and
accurate records with respect to all services and matters covered under this
Agreement. The Agency shall have free access at all reasonable times to such
records, and the right to examine and audit the same and to make transcripts
there from, and to inspect all program data, documents, proceedings and
activities. Contractor shall maintain an up-to-date list of key personnel and
telephone numbers for emergency contact after normal business hours.
12. OWNERSHIP OF CONTRACTOR'S WORK PRODUCT. Agency shall be the
owner of any and all computations, plans, correspondence and/or other pertinent
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FILE NAM: G7-03- I 9 Al] CONTRACTUAL SERVICES CALEB NELSON. DOCPRINMI) ON RECYCLED PAPERContract No. RA
data, information, documents, and computer media, including disks and other
materials gathered or prepared by Contractor in performance of this Agreement,
or at any earlier or later time when the same may be requested by Agency.
Such work product shall be transmitted to Agency within ten (10) days after a
written request therefore. Contractor may retain copies of such products. All
written documents that are intended for public review shall be provided to
Agency in a format suitable for posting on the Internet.
13. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
To Agency:
To Contractor:
Culver City Redevelopment Agency
Attention: Kellee Fritzal
9770 Culver Boulevard, Third Floor
Culver City, California 90232
Caleb Nelson
4211 Duquesne Ave #1
Culver City CA 90232
14. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide Agency with
a complete Request for Taxpayer Identification Number and Certification, Form
W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Contractor, at its sole expense, shall obtain and
maintain during the term of this Agreement, all appropriate permits, licenses, and
certificates that may be required in connection with the performance of services
under this Agreement including, but not limited to, a Culver City business tax
certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Contractor shall perform
all work in accordance with all applicable laws, codes and regulations required by
all authorities having jurisdiction over such work. Contractor agrees to comply
with prevailing wage requirements as specified in the California Labor Code,
Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY. For
work performed, Contractor agrees to seek bids for supplies and materials from
businesses located within the City of Culver City, with the intent to make
purchases from these businesses if such purchases can be made at competitive
prices.
18. RIGHT TO UTILIZE OTHERS. Agency reserves the right to utilize others to
perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties hereto.
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20. WAIVER. If at any time one party shall waive any term, provision or condition of
this Agreement, either before or after any breach thereof, no party shall
thereafter be deemed to have consented to any future failure of full performance
hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Contractor shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. Agency may terminate this Agreement at any time,
with or without cause, in its sole discretion, with thirty (30) days written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22 of
this Agreement, Agency shall be liable to Contractor only for work performed by
Contractor up to and including the date of termination of this Agreement, unless
the termination is for cause, in which event Contractor need be compensated
only to the extent required by law. Contractor shall be entitled to payment for
work satisfactorily completed to date, based on a pro-ration of the monthly fees
set forth in Exhibit "B" attached hereto. Such payment will be subject to
Agency's receipt of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted according
to the laws of the State of California. If litigation arises out of this Agreement,
then venue shall be in the Superior Court of Los Angeles County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the performance
thereof, the court shall award costs and expenses, including attorney's fees, to
the prevailing party. In awarding attorneys fees, the court shall not be bound by
any court fee schedule but shall award the full amount of costs, expenses and
attorney's fees paid or incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the Agency and the Contractor, and all preliminary negotiations and
agreements are deemed a part of this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions of this Agreement. This
Agreement shall bind and inure to the benefit of the parties to this Agreement,
and any subsequent successors and assigns.
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FILE NAME. 07-C3- [9 nrr CONTRACTUAL SERVICES CALEB NELSON.DOCPRINTED ON RECYCLED PAPERContract No. RA
Dated: By CULVER CITY REDEVELOPMENT AGENCY
Dated: By APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
By
Agency General Counsel
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EXHIBIT A
CULVER CITY REDEVELOPMENT AGENCY
WITH: CALEB NELSON
FOR: ECONOMIC DEVELOPMENT/REAL PROPERTY ASSISTANCE
SCOPE OF SERVICE
Perform required services related to implementing the parking management program.
Evaluate parking management services of Modern Parking Systems and recommend
changes as required regarding management of the parking structures.
Assist in Real Property maintenance related issues and review contract for services.
Other duties as agreed upon.
Agency Initials Contractor Initials
PAGE 1 of 1
FILE NAME: 07-03-14 AT - 1- CONTRACTUAL SERVICES CALEB NELSON. DOCPRINTED ON RECYCLED PAPERNkTi‘cck-ktw_AT
EXHIBIT B
CULVER CITY REDEVELOPMENT AGENCY
AGREEMENT WITH CALEB NELSON
FOR: ECONOMIC DEVELOPMENT/REAL PROPERTY ASSISTANCE
SCHEDULE OF COMPENSATION
(TIME AND MATERIALS BASIS)
A. METHOD OF PAYMENT. Payment for all work performed by CONTRACTOR
pursuant to the terms of this Agreement, including CONTRACTOR'S meeting with
Agency staff, shall be made on the basis of the hourly rates set forth below, plus
actual out-of-pocket costs incurred in performing the work:
PERSONNEL RATE PER HOUR
Caleb Nelson $25.00/per hour
Contractor agrees to discount the amount owed by 2% if payment by Agency is
made within ten days after receipt of the invoice.
B.
BILLING. At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement, and prior to the 10th day of the
following month, CONTRACTOR shall submit an invoice to the Agency at the
following address:
Culver City Redevelopment Agency
Attn: Kellee Fritzal
9770 Culver Boulevard, 3rd floor
Culver City, CA 90232
The invoice submitted pursuant to this paragraph shall show the Agency
Agreement Number, hours worked by each person who performed services during
the billing period, the hourly rate of pay for each person who performed services,
the dates on which the services were performed, a description of the services
performed, actual out-of-pocket expenses incurred in the performance of the
services, and such other information as Agency may reasonably require.
C. TIME OF PAYMENT. Payment to CONTRACTOR shall be made within THIRTY
(30) days after submittal of CONTRACTOR'S invoice and approval by Agency.
D. Maximum Compensation. Notwithstanding the foregoing, CONTRACTOR shall
complete all the work and tasks described in Exhibit A for a total amount of
compensation that does not exceed $15,000, which amount includes all out-of-
pocket expenses.
PALM 1 of 2
FILE NAME: 07-03-19 ATE CONTRACTUAL SERVIC:ES CALEB NELSON DOC -PRINTED ON RECYCLED PAPERCULVER CITY REDEVELOPMENT AGENCY
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or
hereafter attached thereto, or made a part thereof, it is agreed the policy shall and does:
1. Include the Culver City Redevelopment Agency, the City of Culver City, and the officers and employees of each as additional insureds
in the policies described on the attached Certificate of Insurance as they may be held liable for injuries, death or damage to property
arising out of or in connection with the named insured's activities related to the contract, executed by the named insured and the
Agency. It is further agreed, this policy shall be primary and noncontributing with any other insurance or self insurance program
available to the Culver City Redevelopment Agency and the City of Culver City, and includes a severabitity of interest clause; and
2. Provide any general aggregate limit shall apply separately to the above subject contract; and
3. Provide the naming of the additional insureds as herein provided shalt not affect any recovery to which such additional insureds would
be entitled under this policy if not named as such additional insureds; and
4. Provide the additional insureds named herein shall not be held liable for any premium or expense of any nature on this policy or any
extension thereof; and
5. Provide the additional insureds named herein shall not by any reason of being so named be considered a member of any mutual
insurance company for any purpose whatsoever; and
6. Provide the provisions of the policy shall not be changed, cancelled or otherwise terminated as to the interest of the additional insureds
named herein without first giving thirty (30) days written notice thereof to the General Counsel of the Culver City Redevelopment
Agency as follows:
General Counsel
Attention: insurance Desk
Culver City Redevelopment Agency
P.O. Box 507
Culver City, California 90232-0507
This endorsement is effective , 20 , when signed below by an Authorized Representative
of and when issued to Agency shall be valid and form part of Policy(ies)
No. insuring , expiring on
, and shall be the same amount and for the same coverage as the Policy(les) to which it is
attached.
Insurer: By: Name and Title: OR NAME OF AGENT OR BROKER
Address
PROJECT NAME Attention: Attachment: Certificate of Insurance
SpecEndA
Rev. 6/12/97
By (Signature of Authorized Representative)
(If signed by other than insurer, proof of authority to
bind insurer must accompany this form)
Agency Initials Contractor Initials
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FILE NAME,: 07103-19 Air CONTRACTUAL SERVICES CALEH NELSON.DOCPRINTED ON RECYCLED PAPER