HomeMy WebLinkAboutMARKET PROFILES, INC. - 2006-04-13•
�� CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE
To: JOAN FLYNN, City Clerk
Name of Contractor: Market Profiles, Inc. (Amendment No. 1)
Pu rpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Market absorption consulting services in connection with Pacific City CFD
Amount of Contract: $19,500.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept.
to Risk Management ❑
❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date: d2nsL,�)
Na a/Ext Sion
City Attorney's Office
a /7- 0
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G:AttyMisc/Contract Forms/City Clerk Transmittal
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND MARKET PROFILES, INC. FOR
MARKET ABSORPTION CONSULTING SERVICES
PACIFIC CITY COMMUNITY FACILITIES DISTRICT (CFD)
THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH, a
California municipal corporation, hereinafter referred to as "CITY," and MARKET PROFILES,
INC., a California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement dated April
13, 2006, entitled "Professional Services Contract Between the City of Huntington Beach and
Market Profiles, Inc. for Market Absorption Consulting Services, Pacific City Community
Facilities District (CFD)," which agreement shall hereinafter be referred to as the "Original
Agreement," and
CITY and CONSULTANT wish to amend the Original Agreement,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
AMENDMENT OF SECTION 1 ENTITLED "SCOPE OF SERVICES."
Since the Original Agreement was prepared, the "Scope of Services" has been
modified by the parties.
CONSULTANT hereby agrees to provide all services described in Exhibit "A,"
attached hereto and incorporated into this Agreement by this reference.
2. AMENDMENT OF SECTION 4 ENTITLED "COMPENSATION."
Section 4 of the Original Agreement, entitled "COMPENSATION," is hereby
amended to read:
In consideration of the performance of the services described
herein, CITY agrees to pay CONSULTANT on a time and
06-763/6595
materials basis at the rates specified in Exhibit `B," which
is attached hereto and incorporated by reference into this
Agreement, a fee, including all costs and expenses, not to
exceed Nineteen Thousand, Five Hundred Dollars
($19,500).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their authorized officers on , 2007.
MARKET PROFILES, INC.
A Califo is corporation
By: 6-rl�
BOYD D. M TIN
Chai n
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Director of Econo velopment
(Pursuant to HBMC §3.03.100)
AND
By:jZjqAdjjL
/ APPROVED AS TO FORM:
0 JEANNE MARTIN
Secretary
C;ty Attorney 2-� Ci"1
06-763/6595
EXHIBIT A
EXHIBIT "A"
PACIFIC CITY COMMUNITY FACILITIES DISTRICT
MARKET ABSORPTION SERVICES
SCOPE OF SERVICES
Prepare Market Feasibility and Absorption Analysis for the proposed Pacific City CFD. The
report should be suitable for inclusion in an official statement, which will be used to market
Special Tax Bonds for the financing of improvements within or of benefit to the CFD. In
general:
• The report should include an executive summary that describes the market
opportunity, existing and future competition, and analysis of the developer's proposed
price positioning and a projected sales absorption.
• The report should further detail economic background for the market area, a housing
profile, new home sale trends, and specifically, new condominium sale trends, price
trends and demand. In addition, the report should include a summary of competition,
with inventory trends and sales rates.
• Provide a draft report within 30 days of the start of the work.
• Two hard copies and one PDF file of the final report.
• Complete an economic demand analysis in order to forecast housing demand by
product type/density in order to determine capture rates for multiple product lines in
the Huntington Beach/Orange County economic study area (ESA).
• Evaluate the viability of the Huntington Beach/Orange County new home market for
the balance of the decade.
• Analyze competitive for -sale projects within the defined Competitive Housing
Market Area (CHMA) to formulate specific product characteristics, standard features,
recreational requirements, pricing levels, premium rates, sales acceptance, and
consumer profiles. Regional activity will also be assessed to determine acceptance of
like product types.
• Evaluate what market niches exist, including but not limited to densities and building
configurations, and product prices and size of units.
• Review historical new -home sales trends to determine past absorption levels among
recommended product types and densities.
06-763/6595
• Survey, evaluate and quantify the potential competition from other master -planned
communities or urban projects during the expected development, sale and buildout of
the property.
• Analyze site and locational factors such as topography, climate, ingress and egress,
neighborhood composition, schools, shopping, recreation, and other salient location -
related value characteristics.
Conclusions and Recommendations
Based upon an analysis of the aforementioned primary research, concise conclusions and specific
product type recommendations will be derived as follows:
• Characterization of the current and projected market conditions relative to the
development of the subject site.
• Recommendation of an optimum marketin strategy trategy to position the products based upon
current and projected market conditions.
• Characterization of the primary and secondary consumer segments that will be attracted
to each project line.
• Delineation of four multi -family opportunities (for sale by densities), and
recommendations for pricing of identified product lines.
• Recommendation (in matrix form) of a mix of densities and residential products
including densities and configurations, and residential product prices.
• Review of existing plan, if any, and recommendation of overall project design parameters
to satisfy the identified market opportunities, including number and type of concepts,
densities, product mix, market entry timing and phasing.
• Recommendation of ,optimum base prices and premium ranges.
• Forecast of market absorption by product type and densities.
06-763/6595
EXHIBIT B
EXHIBIT `B"
PACIFIC CITY COMMUNITY FACILITIES DISTRICT
MARKET ABSORPTION CONSULTANT'S
FEE SCHEDULE
Fees for Services
Complete the Scope of Services for a not to exceed amount of $19,500.
Hourly rates are:
Project Director
Senior Project Manager/Principal
Economist
Senior Development Advisor
Senior Market Consultant
Analyst
Production
$175
$150
$115
$95
$85
$75
$50
06-763/6595
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
1.2114/2006)
PRODUCER (949) 348-7400 FAX (949) 348-2373
Insurance Solutions
License #0746539
26522 La Alameda, Suite 190
Mission Viejo, CA 92691
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Market Profiles, Inc.
200 North Tustin Ave., #102
Santa Ana, CA 92705
INSURERA: U.S. Liability Insurance Co
INSURERB:
INSURERC:
INSURER D:
INSURER E:
rnvoner_cc
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
DAMAGE TO RENTED
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
MED EXP (Anyone person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$
PPRO- LOC POLICY
JECT
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
.�+
ZROVEAS 1
:7v
/ ��0�
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
ER McG
Att4
/
ey
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
R
AUTO ONLY: AGG
—
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
WC STATU- OTH-
WORKERS COMPENSATION ANDIMITS
ER
E.L. EACH ACCIDENT
$
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYE
$
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E-L. DISEASE - POLICY LIMIT
1 $
A
Professional Liability
SPI008125A
09/15/2006
09/15/2007
Limit $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*10 Days Written Notice for Non -Payment of Premium.
The City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE �/ n
Tony Al essandra/THERES �'L�—r'"�! (�•�•
ACORD 25 (2001/08) FAX: (714) 536-5212 OACORD CORPORATION 1988
CITY OF HUNTINGTON BEACH
Professional Service Contracts I V E
Purchasing Certification
Amendment # 1 FEB 1 3 2007
Cily,4zto neys offi,
Date: 1 /4/2007
1. Department: Economic Development
2. Requested By: Nova Punongbayan
3. Name of Consultant: Market Profiles
r
4. Amount of Original/Prior Contract: $$10,495
5. Additional Compensation Requested: $9,005
6. Reason for Contract Amendment:
The City and consultants reviewed Makar's product mix and it was
determined that a more extensive analysis conducted by Market Profiles is
necessary in order to provide the optimum residential analysis.
O
7. Are sufficient funds available to fund this contract? Yes ® No ❑
pk-►4 S'x d�j' dtd Re ¢ 11"vwslkirK6An wc*- - ugrcw%?r Vrwr& �9
8. Company number and object code where funds are budgeted:
10008050.69365
Department Head Signature
RICHARD/AMADRIL, Mane
Central Services Division
'Su ity Contracts Submittal to
r City Clerk's Office 17 E
H t ig m r 1 2006 APR 14 PM 3 0 7
CI f V tit Epp
To City Clerk HUIti1€a1I c3` PJ
jrd p vfl
1 Name of Contractor Market Profiles, Inc
2 Purpose of Contract For Example 4tidit Seances or It alcr oualitj Testing Hunlrngton Lake — Huntington Central Palk
Mat ket Absorption Cons ulttng Set vices
3 Amount of Contract $10,495
Copy of contract distributed to The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept
Ctt} Treasurer ORIGINAL bonds sent to Treasurer
CITY CLERK S OFFICE USE ONLY
Name/Exten/on
City Attomey's Office
Date 4/13/2006
g /Attymisc/forms/city clerk contract transmittal doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MARKET PROFILES, INC
FOR
MARKET ABSORPTION CONSULTING SERVICES
Table of Contents
1
Scope of Services
1
2
City Staff Assistance
2
3
Term Time of Performance
2
4
Compensation
2
5
Extra Work
2
6
Method of Payment
3
7
Disposition of Plans, Estimates and Other Documents
3
8
Hold Harmless
3
9
Professional Liability Insurance
4
10
Certificate of Insurance
5
11
Independent Contractor
6
12
Termination of Agreement
6
13
Assignment and Delegation
6
14
Copyrights/Patents
7
15
City Employees and Officials
7
16
Notices
7
17
Consent
8
18
Modification
8
19
Section Headings
8
20
Interpretation of this Agreement
8
21
Duplicate Original
9
22
Immigration
9
23
Legal Services Subcontracting Prohibited
9
24
Attorney's Fees
10
25
Survival
10
26
Governing Law
10
27
Entirety
10
n
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MARKET PROFILES, INC
FOR
MARKET ABSORPTION CONSULTING SERVICES
PACIFIC CITY COMMUNITY FACILITIES DISTRICT (CFD)
THIS AGREEMENT ("Agreement') is made and entered into this day of
20Q6 by and between the City of Huntington Beach, a municipal
corporation of the State of California hereinafter referred to as "CITY and
MARKET PROFILES, INC, a CALIFORNIA CORPORATION
hereinafter referred to as "CONSULTANT "
WHEREAS CITY desires to engage the services of a consultant to
provide A MARKET ABSORPTION REPORT for the PACIFIC CITY CFD, and
Pursuant to documentation on file in the office of the City Clerk the provisions of
the Huntington Beach Municipal Code Chapter 3 03 relating to procurement of
professional service contracts have been complied with and
CONSULTANT has been selected to perform these services,
NOW THEREFORE it is agreed by CITY and CONSULTANT as follows
1 SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference These
services shall sometimes hereinafter be referred to as the 'PROJECT "
CONSULTANT hereby designates BOYD MARTIN who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement
agree/fonns/profservl0/15/01 A I
2 CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement
3 TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date") This Agreement shall expire on DECEMBER 31, 2007 unless
sooner terminated as provided herein All tasks specified in Exhibit "A" shall be
completed no later than TWO YEARS from the Commencement Date of this
Agreement These times may be extended with the written permission of CITY The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT
4 COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement
a fee, including all costs and expenses, not to exceed
TEN THOUSAND FOUR HUNDRED NINETY-FIVE Dollars ($10,495)
5 EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY Additional
agree/forms/profservl0/15/01 A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained
6 METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B "
7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder
including without limitation all original drawings, designs, reports both field and office
notices calculations computer code language, data or programs maps memoranda,
letters and other documents shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion whichever shall occur first These materials may be used by CITY
as it sees fit
8 HOLD HARMLE
CONSULTANT hereby agrees to protect defend, indemnify and hold
harmless CITY its officers elected or appointed officials employees agents and
volunteers from and against any and all claims damages losses expenses judgments
demands and defense costs (including, without limitation costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT s (or CONSULTANT's subcontractors if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT its officers agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agree/torms/profservl0/15/01 A 3
11
approve selection of CONSULTANT's counsel This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT
9 PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder This policy shall provide
r
coverage for CONSULTANT s professional liability in an amount not less than One
Million Dollars ($1 000 000 00) per occurrence and in the aggregate The above
mentioned insurance shall not contain a self insured retention "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY A claims made policy shall be acceptable if the policy further provides that
A The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements)
B CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion If insurance is
terminated for any reason CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
compction with this Agreement
agree/forms/profservl0/15/01 A 4
10 CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement the certificate
shall
A provide the name and policy number of each carrier and policy
B shall state that the policy is currently in force and
C shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days prior written notice, however ten (10) days
prior written notice in the event of cancellation for nonpayment of
premium
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense hold harmless and indemnification obligations as
set forth in this Agreement CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance CONSULTANT shall pay in a
prompt and timely manner the premiums on the insurance hereinabove required
11 INDEPENDENT CONTRACTOR
CONSULTANT is and shall be acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY
CONSULTANT shall secure at its own cost and expense and be responsible for any and
agree/forms/profservl0/15/01 A 5
all payment of all taxes social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers agents and employees and all business licenses if any, in connection with the
PROJECT and/or the services to be performed hereunder
12 TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete Any termination of this
Agreement by CITY shall be made in writing notice of which shall be delivered to
CONSULTANT as provided herein In the event of termination all finished and
unfinished documents exhibits, report and evidence shall at the option of CITY become
its property and shall be promptly delivered to it by CONSULTANT
13 ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY If an assignment, delegation or
subcontract is approved all approved assignees delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove
14 COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work item or
material produced as a result of this Agreement
agree/forms/profservl0/15/01 A 6
15 CITY EMPLOYEES AND OFFICIALS
CONSULTANT 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 the applicable
provisions of the California Government Code
16 NOTICES
Any notices certificates or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed
envelope postage prepaid and depositing the same in the United States Postal Service to
the addresses specified below CITY and CONSULTANT may designate different
addresses to which subsequent notices certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U S
certified mail return receipt requested
TO CITY
City of Huntington Beach
ATTN STANLEY SMALEWITZ
2000 Main Street
Huntington Beach CA 92648
17 CONSENT
TO CONSULTANT
BOYD MARTIN
MARKET PROFILES, INC
200 NORTH TUSTIN AVE, #102
SANTAANA, CA 92705-3817
Phone (714) 546-3814
When CITY's consent/approval is required under this Agreement its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event
agree/forms/profserv]0/15/01 A 7
18 MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties
19 SECTION HEADINGS
The titles captions section, paragraph and subject headings and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions and do not interpret define limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement
20 INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole according to its fair meaning and not strictly for or against any of the parties
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable void illegal or invalid such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here
As used in this Agreement the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law and wherever there is any conflict between any provision contained herein
and any present or future statute law ordinance or regulation contrary to which the parties
have no right to contract then the latter shall prevail and the provision of this Agreement
agree/forms/profservl0/15/01 A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law
21 DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals each of which so executed shall
irrespective of the date of its execution and delivery, be deemed an original Each
duplicate original shall be deemed an original instrument as against any party who has
signed it
22 IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall in particular comply
with the provisions of the United States Code regarding employment verification
23 LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder CONSULTANT understands that
pursuant to Huntington Beach City Chartei Section 309 the City Attorney is the exclusive
legal counsel for CITY and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT
24 ATTORNEY S FEES
In the event suit is brought by either party to construe interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof
agree/forms/profservl0/15/01 A 9
each party shall bear its own attorney s fees such that the prevailing party shall not be
entitled to recover its attorney's fees from the non prevailing party
25 SURVIVAL
Terms and conditions of this Agreement which by their sense and context
survive the expiration or termination of this Agreement, shall so survive
26 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California
27 ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement The parties also acknowledge and agree that no representations inducements
promises agreements or warranties oral or otherwise have been made by that party or
anyone acting on that party's behalf which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation inducement
promise agreement warranty fact or circumstance not expressly set forth in this
Agreement This Agreement and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof
agree/f6ims/profservl0/15/01 A 10
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day month and year first above
written
CONSULTANT
MARKET PROFILES INC
By
c
BOYD MARTIN
print name
ITS (circle on Chamna residentNice President
AND
By
JEANNE MARTIN
print name
ITS (cacle on Secreta hief Financial Officer/Asst
Secretary — Treasurer
agree/forms/profservl0/15/01 A
CITY OF HUNTINGTON BEACH
a municipal corporation of the State of California
Qe� 4 &,—X
Director of /�jq r4 / e-- e ✓e 6 ��
(Pursuant To HBMC §3 03 100)
APPROVED AS TO FORM
ls�,'.i City Attorney
REVIEWED AND APPROVED
City/Administrator
(only for contract��50 000 00 and over)
ATTACHMENT A
PACIFIC CITY COMMUNITY FACILITIES DISTRICT
MARKET ABSORPTION SERVICES
SCOPE OF SERVICES
Prepare Market Feasibility and Absorption Analysis for the proposed Pacific City CFD
The report should be suitable for inclusion in an official statement, which will be used to
market Special Tax Bonds for the financing of improvements within or of benefit to the
CFD In general
• The report should include an executive summary that describes the market
opportunity existing and future competition and analysis of the developer s
proposed price positioning and a projected sales absorption
• The report should further detail economic background for the market area, a
housing profile, new home sale trends, and specifically, new condominium sale
trends, price trends and demand In addition the report should include a summary
of competition, with inventory trends and sales rates
• Provide a draft report within 30 days of the start of the work
• Two hard copies and one PDF file of the final report
ATTACHMENT B
PACIFIC CITY COMMUNITY FACILITIES DISTRICT
MARKET ABSORPTION CONSULTANT'S
FEE SCHEDULE
Fees for Services
Complete the Scope of Services for a not to exceed amount of $10,495
Hourlv rates are
Project Director
$175
Senior Project Manager/Principal
$150
Economist
$115
Senior Development Advisor
$95
Senior Market Consultant
$85
Analyst
$75
Production
$50
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THE POLICES OF INSURANCE USTED BELOW HAVE BEEN ISSUCD TO TTTE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY R¢QLWEW-W TEW OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO VI H THIS CERTIFICATE MAYBE 1SWED OR
'
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POLICES AGGREGATE UMITS SHOWN MAY HAVE DeEN REDUCED BY PAID CLAIMS
Ilm TYPE OF INSURANCE POLICY NURWXR Y POLICY EXPIRATION
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ro�essional Lldbil�ty
SP1008125A
09/15/2005
09/15/2006
Limit $1 000 DOD
A
DESCRN>rION OF OPERATIONS I LOCATKMO I VERICLlS / EXCLUMcKBADOED BV ENPMaEAIENT I SPECULA. PRD MJWO
CERTIFICATE LDER CAAKELLATON
SHOULD ANY OF THE ABOVE DESCIpStO POUGIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF TIIB ISSUWO INSURER WILL F%ntAVOR TOMAIL
10 DAVSWRITTEN NOTICE TO Tiff CERTNICATE HOLDER NAMED TO THE LEFT
The City of Huntington Beach BUT FALLRE TO MAIL SUCH NOTICE 3KA" WFOSE NOOBLIOATION OR LIABILITY
2000 Main Street OF ANY KSMUPON TIMINSIMMff$AGENTS ORREPRESENTATrVE1
Huntington Beach CA 92649 AUTHORRUPRWRCSIEWA►ne
_ Tony Alessandra/BRYANK Lam+"" ••�•"
ACoRD 2s /2aaims% rAX 0U) 536- 5212
w.vvnv a.v�{rVIfl� I tiry IYOQ
Su CIS PROFESSIONAL SERVICE CONTRACTS
3
Huh /aach PURCHASING CERTIFICATION
1 Requested by Carol Runzel / X `/
2 Date February 21 2006
3 Name of consultant MARKET PROFILES INC
4 Description of work to be performed MARKET ABSORPTION (Economic)
5 Amount of the contract $10 495 00
6 Are sufficient funds available to fund this contract?' ® Yes ❑ No
7 Company number and object code where funds are budgeted 10080501
8 Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes ❑ No
9 Is this contract within $25 000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes ❑ No
10 Were (at least) informal written proposals requested of three consultants?
® Yes ❑ No
Explanation
11 Attach list of consultants from whom proposals were requested (including a
contact telephone number)
12 Attach proposed scope of work
13 Attach proposed payment schedule
I9HARD A"ADRIL Manager
urchasing/Central Services
' If the answer to any these questions is No the contract will require approval from the City Council
Purchasing Cert MarketPiofiles 2/21/2006 12 30 PM
MARKET FEASIBILITY CONSULTANTS
Market Profiles Inc
Attention Boyd D Martin
200 North Tustin Avenue
Suite 102
Santa Ana, CA 92705 3817
(714) 546 3814 Ext 120
bmartun@marketprofilesunc com
Empire Economics
Attention Joe Janczyk
35505 Camino Capistrano, Suite 200
Capistrano Beach, CA 92624 1806
(949) 661 7012
doe@empireecononucs com
Davis Group
Chris Davis
130 Via Xanthe
Newport Beach, CA 92663
Phone (949) 675 0603
davisgpa aol com
Peter F Dennehy
Sullivan Group Real Estate Advisors
11622 E1 Camino Real, Suite 300
San Diego, CA 92130
(858) 259 7707
(858) 259 0204 fax
p denneh ate. ryness com
Emma. Tyaransen
The Concord Group
130 Newport Center Drive, Suite 230
Newport Beach, CA 92660
(949) 717 6450
(949) 717 6444 fax
ebtCq-)theconcordgroup com
S INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1 Requested by Christi Mendoza, Risk Management APR Q ri 1/00E
2 Date March 23, 2006 City ut r 1Ur+zlf,
�aarn
City Attorneys
3 Name of contractor/permittee Market Profiles, Inc Office
4 Description of work to be performed Marketing study for Pacific City Community Facilities
District
5 Value and length of contract $10,495, Contract ends December 31, 2007
6 Waiver/modification request Cancellation wording and $1,000 deductible general liability
7 Reason for request and why it should be granted Unable to comply with the city's zero
deductible and cancellation clause wording insurance requirements
8 Identify the risks to the City in approving this waiver/modification None
1
artment 1-16ad Si ature Date
APPROVALS
Approvals must be obtained in the order listed on this form Two approvals are required
for a request to be granted Approval from the City Administrator's Office is only required if
Risk Management and City Attorney s Office disagree
1 Risk Management
OApproved ❑ Denied d
Signature Date
2 City Attorneys Office F
❑ Denied WYd(o
�pproved
Signature Date
3 City Administrator's Offi
❑ Approved ❑ Denied
Signature Date
If approved the completed waiver/modification request is to be submitted to the
City Attorney s Office along with the contract for approval Once the contract has been approved
this form is to be filed with the Risk Management Division of Administrative Services
/ xV/ GVVV xV J1 11J1UU JJJ
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