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HomeMy WebLinkAboutFirefly Agency - 1989-09-05AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FIREFLY AGENCY FOR GRAPHIC ARTS SERVICES FOR THE REDEVELOPMENT AGENCY BIENNIAL REPORT THIS AGREEMENT, made and entered into this EM- day of September, 1989, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY" for "CITY"), and FIREFLY AGENCY, a California sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a graphic arts contractor to provide such services for the Redevelopment Agency Biennial Report for the City of Huntington Beach; and pursuant to the documentation on file in the City Clerk's office, the provisions of Chapter 3.03 relating to Professional Services contracts have been followed, and CONTRACTOR has been selected to perform said services, NOW, THEREFORE,.it is agreed by CITY and CONTRACTOR as follows: 1. WORK STATEMENT CONTRACTOR shall provide all services described in the scope of services, which is attached hereto and incorporated into this Agreement by this reference as Exhibit "A." Said services shall sometimes hereinafter be referred to as "PROJECT." CONTRACTOR shall designate Marla Matsui, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. -1- Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed as stated therein. These times may be extended with the written permission of the AGENCY. The time for performance of the tasks identified in Exhibit "A" are generally to be as shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the AGENCY and CONTRACTOR. i f, In consideration of the performance of the planning services described in Section 1 above, AGENCY agrees to pay CONTRACTOR a fee not to exceed $32,740.00 including expenses all as a set forth in Exhibit "A". In the event of authorization, in writing by the CITY, of changes from the work described in Exhibit "A", or for other written permission authorizing additional work not contemplated herein, additional compensation in a sum not to exceed 10% of the sum stated in Section 4 above shall be allowed for such Extra Work, so long as the prior written approval of CITY is obtained. 6. AffiTHOD OF PAYMENT A. CONTRACTOR shall be entitled to progress payments toward the fixed fee set forth in Section 4 herein in accordance with the progress and payment schedules set forth in Exhibit A". S. Delivery of work product: A copy of every technical memo and report prepared by CONTRACTOR shall be submitted -2- to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONTRACTOR shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1).Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONTRACTOR'S firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of,the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until -3- M-A this Agreement is terminated pursuant to Section 12 hereof. D. Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required under paragraph 6C, and in addition shall list the hours expended and hourly rate charged for such tirle. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. • • • • • 11,96TURM klelstw! Notwithstanding anything to the contrary in Exhibit "A", CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATIQN, DEFEND D HAR&ESS CONTRACTOR hereby agrees to indemnify and save and hold -4- harmless CITY, its officers and employees, from any and all liability, including any claim of liability and any and all losses or costs arising out of the performance of this agreement by CONTRACTOR, its officers or employees. CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by accident, each accident, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. In addition to the workers' compensation insurance and CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: -5- AM - A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be -6- performed hereunder. 12. MINATION OF ,AGREEMEIgT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the Deputy City Administrator, notice of which shall be delivered to CONTRACTOR as provided in Section 16 herein. This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. • • :4011ILWYAW1401401 CONTRACTOR shall not apply for a patent or copyright on any item or material produced as a result of this Agreement CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government g9og Sections 1090 et seq. 16. NOTICU Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to the Deputy City Administrator, as the situation -7- shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: Mr. Douglas N. La Belle Deputy City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Contract Officer 17. ENTIRE The TO CONTRACTOR: Marla Matsui Principal -In -Charge Firefly Agency 4120 Birch Street, Suite 108 Newport Beach, CA 92660 foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: FIREFLY AGENCY red -7 Harushi Matatti ATTEST: a.V" a441C* Agency Secretary REVIEWED AND APPROVED: City Administrator REDEVELOPMENT AGENCY OF THE CITY F HUNTINGTON BEAC Chairman APPROVED AS TO FORM: _ ge2cy i ttor Lei-7-%S NITIATED AND APPROVED: Depu City Administrator/ Econbfiic Development Deliverable Description: Stephen V. Kohler City Of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 ESTIMATE AND AUTHORIZATION TO PROCEED F R - FLY a creative fagency Redevelopment Agency Biannual Report ❑ Consultation ❑ Research ❑ Design 7,500.00 ❑ Copywriting 0 ❑ Graphics/Illustration 830.00 ❑ Photography 1,450.0 0 ❑ Art Direction 450.o 0 ❑ Administration ❑ Vendor Supervision ❑ Buyouts ❑ Travel ❑ Camera Ready Art Client Firefly Please refer to Terms and Conditions printed on the reverse side 4120 BIRCH STREET, SUITE 108 S � FAX 7141' s TERMS AND CONDITIONS Payment of Fees 1/3 upon acceptance of Estimate and Authorization to Proceed. 1/3 upon approval of Final Design Comprehensive. 1/3 upon completion of Camera Ready Mechanical. The estimate of fee is within 10% of actual costs. Overtime, rush -charges and revisions Initiated at dienr request and made necessary by conditions beyond the control of Firefly, will be invoiced over and avobe the fee quoted. Outside Costs All buyouts, Le., messenger, special fulfillment, etc. incurred especially for this project and not otherwise Itemized in the Estimate will be invoiced in addition to the fees quoted and will be subject to our normal handling charge of 20%. Copyright All our original copy, designs, illustrations, photographs, etc. remain the property of Firefly until completion of the contract and full payment of all related fees. Unless otherwise stated, all above mentioned items are purchased for one time use only and entitles the client to reproduction rights for the specific project on which the price was negotiated. Reuse, adaptation, or extended use will require additional compensation based on the market value of additional usage. Proofreading Firefly is not responsible for proofreading copy or otfrer material supplied by the client Spelling, punctuation, grammar, and content are sole responsibilities of the client. Termination of Agreement Either party has the right to terminato the agreement in writing. In the event of termination, Firefly will be paid for all expenses incurred and all fees for work done up to date of termination. All concepts and work produced up to date of termination remain our property until payment is received. FUG-15-1529 15:45 FPOH PEL.SAT.HE. TO CIVIC CENTER P.E? • - EXH►8lT �.��' lc 2. PPS'" PRODUCTION S1 �C1F1CAT10NS Client i Title Ellsrnual Ea ! Fly ao Job #_ 1094 FIIMWOP : (8) 4 x 5, (8) 5 x 7 separations (7) Manufactured process graphics Spot varnish film for all pages �b1 1AT: 28 pages of text ptus cover 11 x 17 folded to 8-112 x 11 EMING: PMS, Foil stamping and blind embossing for cover Full color process and varnish throughout all text pages FIMS=G: Score. Fold arxi Saddlostitch billina STQG'K: SM Gainsborough for o0vor 1004t 0jintessence gloss coated book for all text pages UV s0 QUAN=-. SM - $ 17.190.00 PACKAGING-&-DELBTRY: Ship to Hurdington Beach in carton of 500's 1,13 TO START 1,13 UPON DELIVERY 1.13 NET 30 DAYS _TOTAL F.02 TEL No. y Aug 11,89 12708P.02 • 1 - f3'� F-R I I 0 7't7 Pit. Ft�I-LY L.I r�ti'A 1j 1 . �— Stephen V. Kohler City Of Huntington P.O. Box 190 Huntington Beach, Beach CA 92648 Deliverable Description; ESTIMATE AND AUTHOF3tZATION TO PROCEED Three Comps Two semi -Comps One Final Art F E- Fe L" a creative agency 11 Consultation d Research 0 DSslgn i, e00.00 D Copywriting 0 Graphlcslillustration :3 Photography O Art Direction a Administration o Vendor Supervision. ❑ Buyouts Tam] . J 1 i•h •.'r' 0 Camera Ready art Logo and Typeface fern City Of Huntington Beach BConoMiC Development Department .. : . subtotal tan;=:: � �' •1 • TOTAI.•f `6;840.D�. � ' ;1 �. � -. Client . . ' � ,-pa�e•�a�a._ ' ,�,�-. �� � - ,s • ,�..� Berl :-►�.� :1 . Firefly F ..::,.� •�;Ya ,, ...;; ;. ,�,: 'Ry _ Y�� �. t{• F;GASB Wor to Tenrs 9.1d Cvlditus prated ort the revoroo B'da `• '•.:,„,;`:. �:t::;a -' ` , �� , :':. '� _� r - �- A,' .•.".�-�, ����`, 'mot:••. 'r •.�./r� / �,.;/ . i't9 ��k'u 5'R"rj, w!•� !;a ":� .:,:� • t;'.: }, .}; , �:' r , ' w '.i..: .,, - . .� ;w •T :r t; `qJ r t A d; _ ,. � �,,1 ...• s� - '; a .r� 4, 1 .I�=�",t��`d �":rZr� ..RR.. ��LL--4. y r:}[ 1'.8,�.. I (' rr � :1 � rk -. - yeti 1. "• •i,N., � r�.l;'r,-���.:4.'r. �; L+ • sYS�f ..l K c ::� .:' �'1�+ \a a/t �i:+n.r. i . 1 � :'.i -'1 d 1 .�- _ • � �. v. r•L.a _ ' F" F' — ^_ fi — > _' 9 T LI E 1 'S 1 2 f= I R r- F L- 'V L7 `S- d NrE P.O. BOX 807, SAN FRANCISCO, CA 94131-0E07 :•, ; 4 FUN D CERTIFICATE OF 4 OFIKERS' COMPENSATION INSURANCE SEPTENER 25! 19d9 4W ITY OF HUNTINGTON REACH ;..' RISK MANAGEMENT ATTENTION: JULIE FITTERY 2000 MAIN' STREET HV)JTIhGTOh BEACH, CA y2;4a L POLICY NUAte EA. 1 I', J 1 I L CERTIFICATE EXPIRES: 7 -1 - � G This is to certify that we have issued a valid Workers' COmpensalion inwrance policy in a form approved by the California _ Insurance Commissioner to the employer named below for the po!:cy period indicated. 1 ju T'1is policy is not subject to cancellation by the Fund except cpon�tan days' advance written notice to the employer. 3C M'c ri•lll also give you Jf N days' advance notice should this policy- be cancelled prior to its norma' expiration. , This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the p icies listed herein. Notwithstanding any requirement, term, or condition of any contract er other document with rc-.pcct to which this certificate of insurance may be issued or may pertain, the Insurance afforded by the poliC:es described herein is subject to all the terms, exclusions and cond:tions of such pol:eies. PRESIDENT EHPLOYER'S LIABILITY LD-11T: O,QOO,UUQ PER OCCU;1.12EN• L. ENDORSEMENT If2OG5 ENTITLED Cly 01FICATL r•iULGE1.S' roTICL EFFECTIVE 09/25/89 IS ATTACHED TO AND F010.5 A Pn!:T OF THIS PULICY. EMPLOYER . r- MARLA TETSUKA DEA: FIREFLY 4120 BIRCH STREET NEWPORT BEACH CALIFORNIA 92660 il06 orr p O itY At r eY A4pRG�;O.t. C GJkl �y City At iG� EY ep r RK or1tY o���n tiro �+— �+ TUE 1 4 ] 5 F I REFL. 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Lirnit.zst-tow, may trr•r•r Irsan r•t•dtvc•ad t,y paid c2simv, 7.-.-1---•--------------•---------f.---- ------- .F-r------- CL t TYPIE VF INSUtsMCE I I~'DL I CY NUMl;*t:R I PF INATE I E'Y.K, DATE I ALL LIMITS 114 THOUSAND ----------___-----------t-_-__..-__ _....-�---- ...,.f---------+------------------------- OlrNFR,::R. LrPE11LITY I t ! tOEM:RAL A00 ItIImie, fiMCc,r,mirrcicl M tlttU ri�3t11�_t� iCt_�'.�-f!'� IS-�4-'?�► rL�f{D-CY*t�'fUF' Acol-0110", C I 3Clair,r iX30ccur•1 ! I MER. A AVVT INJIti,t-ice, ] U►+r,rtt �t7,tr• F'^r•tt I I I I EfaC"H CC['UR'I:f.r{."1:: I ! I * @�I'' 1] 1 t ! t F I RI: DAMADE 1* o, [ ! r 1 t I tWD cXPEWSrE's` I t rt AUTCWg3r,ILE LIABILITY 1-----------w_r..r*..-----_.•.--------- 4tL-----------•------------ ( 3?4rr). Aut•c, I I t I ML t i 1, 000, I C 74+11 Owned Atit-va 1 I I 1_-_!t--- r-_---I t 3-9vhs:dulyd i1vtva 1 t I Iki]IP'lI's I t JFiir*d ALetc-a I 1 J I ------------- -I �+[i:3tic,n-Ctwr,■c3 Butt,* IDAU S,03015134 10-24-63 19-214- 0 ICl/At-t t 30hrbpr U hbi l i tyr ( I I -------- I EXCLFSa LIALkiLX'rY l------- - t --.,_tw.._w_--_.t_..--+--_-----_--------- [ 3 Lhntwvl l ak Fc r to ! APPROYEb �4S TO FOR al 1 1* t ii ] C)thar• tharl Urnb INar-le GAIL HUTTl0:1 °:! I 1 /Occur 1 Aggr-srg 'IdtlFtttiEftN' Cc�PtF'L�tl:�r'aT"I(Ytdl---___•_.....��" _�;� .,•rv_ _�-.--___---i3t++tlrtc�rY----------- POLD EMPLOYERS* IMDt1E I ti Vach ACC76 tityAtto= ,� I I f pix+reakar Lunt W a sra sr/clapl r— I ! t I I i t t I ! 1 1 -------- ----------------------------------------------- . ..------------_---------r---------- Dn■cr-iptiar, of iternr. CE-li vicAn: liC7 mu IS AL-W SHOWN AS ADDITIONAL Ir1SUPED --w----_-r--------.-_-------- -------.-------r------------ -----r------r-r------ MRTMICATE HOOVER ICA?4CELLA-rlLqrra Vhc.ulC a:r,y c,f thce abcc-vw dafaCY-ibra CITY OF HUtiTtt 0101-1 E4EACH t pr,l ic•isr. t-a• C:-R r &21wd L rkeo-ar the- empirmt i vr, d+tv EUrMOCt-S CCk•ITWC-TS Ith rec,fi the Iff-sving cc,rnpr.r,y will ar,Ccavor• to N100 MIN STREET Irnkil 20 drys re-Itter, r,c•tic-a to if -is cor-tifirwtw f-b-IM I I OTUt1 1:420C'Hr OA I hc,l dar• rr,rrr,: d t c, t hr l r ft- 1 but f h i l ur a t•c, rr,st. i t 4t ta.uch rrotics; rt,r+l] irn�,c. rrc, c4ligati[r, c,r l3s�G- f i l l ty uperr t hrt• c•can�r,y; i rr� rrt.s c-r• r sF*. ••••••---"��►1t.ht,Y�TikCf ��hor•r��,.,..trii+.a.L`1'1r�lIG re r.r..r�u.ae. .• ONDITIONAL RECEIP? This is to certify that we, In consideration of the total deposit premium o` S. 7and the tuts remiurn to be adjusted later upon the total remuneration of employees dunng the policy period - k - ` to 7-L �2 , agree to ISSUID 8 valid workers' compensetion Insurance poticy in a forni approved by the California Insurance Commiss-loner to.' /-A 01/i i �1; rr•,.•u� 5,pn. � - -- � -- THE EXECUTIVE OFFICE OF THE FUND RESERVES THE AUTHORITY TO GRANT INSURANCE! COVERAGE AND THE RIGHT TO REJECT ANY AND ALL APPLICATIONS, BUT WHEN ACCEPTED, INSURANCE WILL BE MADE EFFECTIVE THE DATE AND HOUR THE APPLICATION AND YOUR CHOR FOR THE DEPOSIT PREMIUM ARE RECEIVED BY THE FUND UNLESS A LATER DATE IS REQUESTED BY YOU. STAYS COMPEtIOATION NGUFIANcE FUND ' 75i L'alS KARFN REYNOLDS STATEAl E cuslow4f k-kei Repnrenr•l1,t COMr606fATIOH ` IM6V11ANC/ FUND 3150 Bristol W941, Sunk Am C IS ►dets, CANOWS 92420031 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK September 26, 1989 Firefly Agency 4120 Birch Street, Suite 108 Newport Beach, CA 92660 Attn: Marla Matsui CALIFORNIA 92648 The City Council of the City of Huntington Beach at the regular meeting held September 5, 1989, approved Agreement between the Redevelopment Agency of the City of Huntington Beach Firefly Agency for Graphic Arts Services for the Redevelopment Agency Biennial Report. Enclosed is a copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. (Telephone: 71 "36-5227) REQUEST FOR U-DEVELOPMENT AGr-NCY ACTION � RH 89-91 Date September 5, 1989 Submitted to: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY MEMBERS Submitted by: PAUL E. COOK, EXECUTIVE DIRECTOR \ -4L� Prepared by: DOUGLAS N. LA BELLE, Subject: BIENNIAL HEARING REPORT; Consistent with Council Policy? CXl DEPUTY CITY ADMIIvIST ECONOMIC DEVELOPME ?#PPR D By CITY COUNCIL GRAPHICS CONTRACT �— Sr 1912 cz� Yes I ] New Pal is ce tlOQi Ty CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ha STATEMENT OF ISSUE: In preparation for the Biennial Hearing in October 1989, staff requires the assistance of a graphic arts firm to prepare the Biennial Report. RECOMMENDATION: Approve and authorize the Agency Clerk to execute the attached contract between the Agency and Firefly, A Graphic Arts Agency for a not to exceed amount of $32,740 plus ten percent contingency. ANALYSIS: The California Redevelopment Law requires redevelopment agencies to conduct a public hearing on the progress of redevelopment projects on a biennial basis. This offers the Agency the opportunity to not only solicit public input on projects, but also to make it known to the community the real progress that has been accomplished. In line with this, staff prepares a Biennial Report which details the progress toward the Agency's goals over the two year period and charts objectives for the next two year period as well. The report was a popular public information tool following the last Biennial Hearing and would prove useful in the immediate future in the marketing of redevelopment projects, especially in the downtown area, when used in conjunction with other public relations materials. The Biennial Report would be printed in sufficient numbers (5000 copies) to remain available for the two year period until the next hearing. Firefly's contract includes the layout, illustrations, PI IMS RH 89-81 Page 2 Sept. 5, 1989 photographs, graphic identifier, typesetting, printing, binding and all other aspects necessary to prepare a final report; plus a ten percent contingency. Staff will supervise the work and provide the technical data and copy for the report. FUNDING SOURCE: Redevelopnent Agency budget. ALTERNATIVES ❑o not approve the contract. the report. AT'TAb RENT S : This will preempt the preparation of Agreement between the Agency and Firefly Agency.