CONTRACT 3780 Professional Services Agreement CLOSED37 8 0 . .
PROFESSIONA BETWEENS AGREEMENT QICINAL
THE CITY OF EL SEGUNDO AND
TIERRA WEST ADVISORS INC.
This AGREEMENT is entered into this 15 day of January, 2008 by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and Tierra
West Advisors, a Corporation ( "CONSULTANT').
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Ninety three Thousand, six hundred dollars ($93,600) for
CONSULTANT's services. CITY may modify this amount as set forth below.
Unless otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "A," which is incorporated by
reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit `B," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, fiunish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A')
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage completed for each task, the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ("Manager') may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $93.600 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from January 15, 2008 to January 15, 2009.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A ";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C. Exhibit C: Proposal for Services.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agre&hent, consisting of additions, deletions, or other revisions, and the contract sum and'the
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contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number,
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
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17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
I. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property resulting or arising
from any negligent or wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives, in the performance of this Agreement.
il. Indemnification for other Damages. CONSULTANT indemnifies and
holds CITY harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of this Agreement, or its performance. Should
CITY be named in any suit, or should any claim be brought against it
by suit or otherwise, whether the same be groundless or not, arising
out of this Agreement, or its performance, CONSULTANT will
defend CITY (at CITY's request and with counsel satisfactory to
CITY) and will Indemnify CITY for any judgment rendered against it
or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed t4at the foregoing provisions will survive
termination of this Agreement.
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D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification. /
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
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ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set fbrth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a `claims made" basis if not available. When coverage is
provided on a `claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol I (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII. '
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
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If to CONSULTANT:
Tierra West Advisors Inc.
2616 East P St.
Los Angeles ,CA 90033
626.796.5488
Attention: John Yonai
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If to ITY:
City of El Segundo Planning & Building
Safety Department
350 Main Street
El Segundo, CA 90245 -3813
Attention: Gary Chicots or Kimberly
Christensen
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is (1) Attachment to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
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33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
ATTEST:
City Clerk
APPROVED
MARK D. H]
City Attorney
Taxpayer ID No. ,7 - ®CjO 52�D
PAPlanning & Building SafetyTonsultant Ping ServiceATierra West\tiefm west PSA 2 -1 S -0g.doc
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EXHIBIT A
Tierra West Advisors, Inc. proposes to provide the necessary services for contract planning
Services for the City of El Segundo. Tierra West proposes to locate Louis Morales at the
City and provide the requested contract planning services and perform the required day to
day activities including counter service, plan review, provide site inspections in support
of projects, and attend meetings and make presentations to Planning Commission and
City Council as required. Tierra West understands that the required services may be
geared primarily for what is considered "current planning ". Mr. Morales will work as an
adjunct to existing City and/or contract Staff and will report through the existing
organizational chart. Tierra West staff will work hand in hand with City Staff and local
constituents. Should additional support be required the City may request additional
personnel support from Tierra West. Tierra West also has support staff that could provide
assistance in review, drafting of documents, mapping and graphic services.
Tierra West proposes to have Louis Morales, Senior Associate, provide day to day
planning services at the City Hall. The proposed fee schedule for on -site contract
planning services is as follows:
• $90 per hour for on -site contract planning services
Additional services, including those planning services outside of the actual on -site
planning services at the City Hall, as well as those services up and above contract
planning interim services (described in Exhibit B), will be billed at Tierra West's
standard rates. J�
Tiemt�est:s-procedure is to submit monthly invoices for services provided d nr a ' kr
previous month. Tie —n t I 1-request hat clients remit a fin* n 5 days of (1
receipt of each invoice. Typically, mo t on the 5t' of each ,1�
Z nth, which wo payment by the client on the 20`h of the mon ire ,.`��'
month of service. �'
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EXHIBITS B & C
Proposal and Statement
of Qualifications
Planning
Consulting Services and
Interim Staffing
CITY OF EL SEGUNDO
i West Advisors
e and Redevelopment Consultants
Contract:
John Yonai, Principal
Phone: 626.665.1224
Fax: 626.754.4365
Email: jyonai @tierrawestadvisors.com
Louis Morales, Senior Associate
Phone: 310.350.0220
Fax: 562.776.8999
Email: Imorales@tlerrawestadvisors.com
Web: www.tierrawestadvisors.com
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Tierra West Advisors
Real Estate and Redevelopment Consultants
February 5, 2008
Mr. Gary Chicots, Director
Planning and Building & Safety
CITY OF EL SEGUNDO
350 Main Street
El Segundo, CA 90245
Dear Mr. Chicots:
PROPOSAUSTATEMENT OF
QUALIFICATIONS
City of El Segundo
Thank you for taking the time to meet with Mr. John Yonai and I to discuss the projects and staff
support needs of the City of El Segundo. We appreciate that you took time out from your busy
schedule to meet with us. We are happy to provide the following Proposal /Statement of
Qualifications pursuant to our discussion that principally describes the firm's personnel and
capabilities and the type of services that we could provide to the City of El Segundo. Tierra West
Advisors, Inc. ( "Tierra West ") welcomes the opportunity to assist you and your staff in meeting
the needs of your City.
The partners of Tierra West have over 140 years of combined experience providing
redevelopment, economic development, CEQA compliance, and planning consulting services to
agencies and cities throughout California. Tierra West prides itself on providing consulting
services that are balanced with our knowledge of real estate and community development, so, that
our work products are designed to meet market demands and realistically project future revenue
expectations. Tierra West provides fiscal consulting for bond issues and redevelopment budgets,
real estate economic analyses, acquisition, developer negotiations, economic development
strategies and redevelopment planning services to our clients. Additionally, Tierra West provides
staff support and coordinates studies relative to current and advanced Planning, Zoning and
General Plan update coordination, and Ordinance adoption.
Tierra West differentiates itself from other consulting practices by focusing on providing
implementation services that extend through the complete project cycle. Deliverance of a report
or work product does not end our involvement in project activities. Tierra West is always
prepared to handle sensitive projects for our clients. To this end, Tierra West essentially becomes
an extension of the staff and assists in carrying the goals, objectives, and policies established the
client.
We are excited at the opportunity to assist the City of El Segundo with proposed projects. We
understand that staffing issues have provided the City with challenges in meeting project demands
and objectives. In this regard, Tierra West Advisors proposes to provide staff support on a daily
and on an as- needed basis to assist in the Planning Division relative to Project Management &
Administration and carrying out the functions of daily operations. The familiarity of Tierra West
staff with the development process enables our firm to provide crossover services that include
project review from initial concept through the entire entitlement process. Tierra West will look at
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PROPOSAUSTATEMENT OF
Tierra West Advisors CilyofIElSegI ndo
Real Estate and Redevelopment Consultants
existing programs and procedures and provide ways to enhance program efficiency to better serve
the needs of the City and the department.
In addition, Tierra West will assist and provide the City of El Segundo with the following:
• Manage and oversee the entitlement process on behalf of the City, which includes
coordinating the Planning Commission Agenda and carrying out, assigning, drafting, and
reviewing cases and reports assigned to staff planners.
• Draft Staff reports as they pertain to Conditional Use Permits, zone variances, parcel maps,
General Plan Amendments, Zone Changes, environmental review and determination, and
special studies for Planning Commission and City Council consideration.
• Attend Planning Commission and City Council meetings and make presentations as
necessary.
• Maintain counter hours and perform field studies and site investigations and inspections as
necessary in support of project requirements.
• Provide input on budgeting and organizational structure for the department.
• Work with staff to establish a system to streamline the permitting process.
Based on this, Tierra West welcomes the opportunity to be of service to the City of El Segundo
and suggests that an on -call service contract be entered into that will allow for a variety of services
including those required for the various projects currently being considered by the City. Immediate
project advisory services which may be required, include but are limited to, project structuring,
City Council and public presentations, and interim project /staffing assistance and management
would also be available under the on -call service contract.
Tierra West advisory services would be at the direction of the City Administrator and the Director
of Planning & Building Safety for services performed under the on -call service contract. The
attached On -Call contract is a form similar to contract that Tierra West Advisors has entered into
with the Cities of Azusa, Bell Gardens, Big Bear, Commerce, Huntington Beach, Los Angeles,
Pomona, Redlands, Upland and several other smaller clients. The contract attachment includes a
variety of services that could be provided.
Please feel free to call if you have any questions. Again, thank you for your consideration and we
look forward to working with the City of El Segundo.
Sincerely,
TIERRA WEST ADVISORS
John Yonai, Principal Louis Morales, Senior Associate
Tierra West Advisors
Real Estate and Redevelopment Consultants
PROJECT SERVICES
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PROPOSAL /STATEMENT OF
QUALIFICATIONS
City of El Segundo
Tierra West Advisors is available to provide staff and project support on planning, redevelopment
and economic development projects. Tierra West Advisors will work with City staff,
Redevelopment Agency staff and private developers proposing projects within the City to help
establish a time line for project development and move projects forward to completion.
Tierra West Advisors is available to coordinate the CEQA process for current proposed projects.
In an effort to expedite the entitlement process Tierra West Advisors can carry out the planning
review process and prepare and coordinate reports with the Development Services (Planning)
Department for presentation to the Planning Commission. The planners on staff with Tierra West
Advisors will enable Tierra West Advisors to provide this service on an as- needed basis.
In addition to providing project management services, Tierra West can, if applicable, assist in
reviewing the Redevelopment Agency's bond capacity, redevelopment project area time
limitations and redevelopment funds to outline the Agency's ability to accomplish additional
project activities.
APPROACH TO PROJECT SERVICES
Tierra West's project management experience will help the City to provide and facilitate
redevelopment projects and activities, process difficult entitlement assignments, establish
economic development programs, and any other projects as assigned. Tierra West Advisors
provides an approach to project services that assists staff in accomplishing priority projects on
schedule and under budget.
Specifically, Tierra West proposes to provide the following project management activities:
0 Work with staff and Council to identify project boundaries and parameters
0 Conduct due diligence and property analysis to identify site issues
0 Prepare an RFP/RFQ to solicit prospective developers, if necessary
• Identify appropriate developers for response to RFP
• Analyze submitted RFP responses and prepare report for Council consideration
0 Conformance to the City's Plan
Demonstration of Community Benefit
C Analysis of tax revenues
C Coordinate developer negotiations and assist legal counsel with development agreement
0 Prepare Summary Report and Reuse Analysis
C Refine project timeline and schedule with developer based on Development Agreement
Update Council at Closed Sessions
• Assist with Community Information Meetings
• Conduct Public Workshops as necessary with City Committees and others regarding
projects and process
C Provide staff assistance with the budget process
Tierra West Advisors
Real Estate and Redevelopment Consultants
FIRM INFORMATION
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PROPOSAUSTATEMENT OF
QUALIFICATIONS
City of El Segundo
Since 1980 John Yonai has operated Tierra West Real Estate Consultants providing professional
real estate consulting to corporations and private entities. Previous assignments included
corporate real estate planning and long -range projections, asset management services for large
commercial office projects, financial and property management oversight, coordination of
negotiations to acquire property through purchase and by leasing.
John Yonai previously served as the Partner in charge of real estate at Rosenow Spevacek Group,
Inc. a redevelopment consulting firm for 16 years. In September 2006, after 16 years, John Yonai
decided to leave Rosenow Spevacek Group and expand the services and scope of Tierra West Real
Estate Consultants. At this point Tierra West Real Estate Consultants brought on partners and
reorganized itself as Tierra West Advisors, Inc.
Tierra West Advisors, Inc. provides the following services:
O Redevelopment and Planning Interim staffing services
0 Coordination of General Plan adoptions and updates
0 Redevelopment plan amendments and adoptions
O Required reporting requirements — 5 Year Implementation Plans, 10 year Housing
Compliance Plans, annual Statements of Indebtedness, State Controller's report,
Monitoring Deed Restrictions and annual agency budgets
0 Real estate acquisition
0 Real estate economic analysis
O Economic Development Plans and Strategies
Housing Program development and implementation
0 Planning — current and advanced planning, and assisting private clients through entitlement
process
Community Outreach Strategy Development and Implementation
4 Financial Consulting — bond issuance consultant reports
0 Governmental Services — classification /compensation surveys and analysis, Parks Master
Plan analysis and funding strategies, and annexation/incorporation studies
Tierra West is comprised of twelve (12) experienced professionals as follows:
John Yonai, Principal
Michael Garcia, Director
Rose Acosta, Senior Associate
Regan Candelario, Senior Associate
Jesse Saucedo, Analyst
Silvestre Naj era, Research Assistant
Tim Mulrenan, Principal
Jose Ometeotl, Director
Louis Morales, Senior Associate
Zoe Urrutia, Senior Analyst
Liliana Monge, Analyst
Alexandra Bassanetti, Real Estate Technician
37 8 0 .
f f
t )
Tierra West Advisors
Real Estate and Redevelopment Consultants
TIERRA WEST PERSONNEL
PROPOSAL/STATEMENT OF
QUALIFICATIONS
City of El Segundo
The Tierra West Advisors, LLC consultant team brings our clients a wealth of knowledge in
redevelopment services —not only from our collective years in providing consulting services, but
also our first -hand experience in project management, development, and project design. Seventy
percent (70 1/o) of our staff are bilingual in English and Spanish.
John Yonai - Principal
John Yonai, Principal, has provided coordination and administration of real estate and
redevelopment consulting projects ranging from multiple property acquisitions, analysis of large
commercial and mixed use residential projects, functioning as interim Community Development
Director for cities, providing housing rehabilitation coordination, and coordination of the drafting
of DDAs and OPAs. Mr. Yonai's recent project experience includes the Cities of Commerce, Bell
Gardens, Huntington Beach, Los Angeles, Pittsburg, San Jacinto, Monterey Park, El Cajon, La
Quinta, and Upland.
Timothy Mulrenan – Principal
Mr. Mulrenan typically provides market, real estate analysis, financial analysis, property
acquisition and disposition, transaction negotiation, and general project management services. Mr.
Mulrenan has provided project management, market and real estate analyses for the Cities of
Arroyo Grande, Bell Gardens, Cathedral City, Commerce, County of Orange, Glendale, Los
Angeles, Burbank, El Cajon, Fontana, Huntington Beach, Lawndale, and La Quinta.
Jose Ometeotl Director
Jose Ometeotl, Director, has coordinated fiscal analyses for agency financings, tax increment
audits, and fiscal consultant reports as well as any planning services coordination. Mr. Ometeotl
has also provided coordination of real estate and redevelopment consulting projects ranging from
redevelopment plan adoptions and amendments, bond financing consultant reports, multiple
property acquisitions, analysis of large commercial and mixed use residential projects, providing
housing rehabilitation coordination, and the drafting of DDAs and OPAs. Mr. Ometeotl has
provided fiscal consultant services, research, document preparation, schedule monitoring, data
analysis, redevelopment consulting, developer negotiation or deal structuring services for the cities
of Azusa, Fontana, Lake Forest, San Jacinto and many other clients. Mr. Ometeotl is bilingual.
3780.
PROPOSAUSTATEMENT OF
QUALIFICATIONS
Tierra West Advisors City of El Segundo
(teal Estate and Redevelopment Consultants
Michael Garcia — Director
Michael Garcia, Director, has provided coordination of real estate and redevelopment consulting
projects ranging from redevelopment plan adoptions and amendments, bond financing consultant
reports, multiple property acquisitions, analysis of large commercial and mixed use residential
projects, providing housing rehabilitation coordination, and the drafting of DDAs and OPAs. Mr.
Garcia's recent program experience includes the Cities of Commerce, Bell Gardens, Burbank, El
Cajon, Huntington Beach, La Quinta, Los Angeles, Monterey Park, Pinole, Pittsburg, Rohnert
Park, San Jacinto, San Pablo, Stockton, and Upland. Mr. Garcia is bilingual.
INVOICING AND HOURLY RATES
Acquisition services fees will vary based upon the complexity and time involved with the
particular acquisition, whether it be a fee interest, leasehold interest, temporary construction
easement, partial take, type of property being acquired, (ie, vacant, developed, single family
residential, multi- family residential, commercial, retail, office, industrial, multi- owners) impact
the cost of the acquisition services being rendered. Residential uses generally range from $3,500
to $7,000 per parcel, subject to any unknown complexities in the ownership or current
encumbrances. Commercial uses also vary based upon the situation, location and complexities of
the acquisitions. Generally commercial acquisitions range from $5,000 to $10,000 per parcel,
again, subject to the amount of taking and complications involved in the taking or acquisitions.
Tierra West Advisors, Inc 2007 -2008 hourly rate structure for consultant services is as follows:
Classification Rate
Principal/Director
$195
Senior Associate
$160
Associate /Acquisition Agent
$140
Senior Analyst
$115
Analyst
$105
Research Assistant/Real Estate Technician
$85
Word Processor
$65
Clerical
$50
COST PLUS 10%
Cost will be dependent upon the amount and level of services required. Our fees will be charged
in accordance with the following rate schedule, and each invoice would detail the project and
services provided. Work will commence with authorization from the designated City staff.
3780 .
Tierra West Advisors
Real Estate and Redevelopment Consultants
PROPOSAL /STATEMENT OF
QUALIFICATIONS
City of El Segundo
Billing will detail work done by individual. Invoices will be issued monthly and are payable upon
receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date,
hours expended and the hourly rate.
Tierra West hourly rates for services excludes certain travel related expenses (should they be
necessary), reproduction, mailing costs, State and County fees, and mapping and environmental
consultant fees, if required.
CLIENT REFERENCES
The following is a list of current references from cities and redevelopment agencies that have
commissioned the principals of Tierra West for assistance with fiscal consulting for bond issue,
acquisition services, project economics, DDA draf ing/negotiations, Reuse Analyses and
Summary Reports, loan agreements, planning, housing developments, or other redevelopment
services.
City of Huntington Beach
Assigned Staff: John Yonai, Timothy Mulrenan, Michael Garcia and Jose Ometeotl
Contact Person: Stanley Smalewitz, Economic Development Director
City of Huntington Beach
(714) 536 -5909
Sample Project: Beach Boulevard — Edinger Corridor Economic Development
Revitalization Strategy
City of City of Bell Gardens
Assigned Staff: Michael Garcia, John Yonai, Timothy Mulrenan and Regan Candelario
Contact Person: Carmen Morales, Interim Community Development Director
John Omelas, City Manager
7100 S. Garfield Avenue
Bell Gardens, CA 90201
(562) 806 -7725
Sample Project: Bicycle Club Card Casino expansion
t )
Tierra West Advisors
Real Estate and Redevelopment Consultants
City of Commerce /Community Development Commission
3780 .
PROPOSAL/STATEMENT OF
QUALIFICATIONS
City of El Segundo
Assigned Staff. John Yonai, Michael Garcia, Louis Morales and Regan Candelario
Contact Person: Robert Zarrilli, Community Development Director
Linda Oliveri, City Manager
City of Commerce
(323) 722 -4805
Sample Project: Citadel Outlet Stores — expansion, acquisition and development agreements
City of Azusa
Assigned Staff: Jose Ometeotl, Mike Garcia, Louis Morales and Liliana Monge
Contact Person: Bruce Coleman, Director of Community Development
Francis DeLach, City Manager
City of Azusa
(626) 812 -5236
Sample Project: Interim Redevelopment Project Management — Block 37 revitalization
City of Arroyo Grande
Assigned Staff. Timothy Mulrenan, Michael Garcia and Regan Candelario
Contact Person: Steven Adams, City Manager
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, 93421
(805) 473 -5400
Sample Project: Bond Team Coordination — Fiscal Consultants Report
City of Glendale /Redevelopment Agency
Assigned Staff: Timothy Mulrenan, Zoe Urrutia and John Yonai
Contact Person: Madalyn Blake, Director of Housing
Peter Zovak, Housing Development
141 North Glendale Avenue, Suite 202
Glendale, California 91206
Tierra West Advisors
Real Estate and Redevelopment Consultants
(818) 548 -3706
Sample Project: Various Housing Development Analyses
City of Los Angeles /Community Redevelopment Agency
Assigned Staff: John Yonai, and Timothy Mulrenan
Contact Person: Michelle Banks - Ordone
4401 Crenshaw Blvd., Suite 201
Los Angeles, CA, 90043
(323) 290 -2800
Sample Project: Urban Partners/USC project
3780 .
PROPOSAUSTATEMENT OF
QUALIFICATIONS
City of El Segundo
Other current clients include the Cities of Artesia, Azusa, Big Bear Lake, Covina, Commerce,
Desert Hot Springs, Huntington Beach, Riverside, Pasadena, Pomona, Rancho Cordova, Rancho
Palos Verdes, Redlands, and Rosemead, Hesperia.
The partners of Tierra West Advisors have provided consultant services to a variety of Clients
including, but not limited to:
Cities: Baldwin Park, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, Culver
City, Diamond Bar, El Cajon, El Monte, El Segundo, Fontana, Fresno, Huntington Park,
Inglewood, Irwindale, La Puente, La Quinta, La Verne, La Puente, Long Beach, Lawndale, Lake
Forest, Los Angeles, Lynwood, Maywood, Montclair, Monterey Park, Palm Desert, Palm Springs,
Pasadena, Perris, Pittsburg, Sacramento, San Diego, San Gabriel, San Jacinto, San Marcos, San
Pablo, Santa Monica, Simi Valley, Sonoma, Sparks — Nevada, Stockton, Upland, Westminster,
West Covina, West Hollywood, and Yorba Linda.
County/Regional Agencies: County of Los Angeles, Orange County Development Agency, and
Orange County Fire Authority, Inland Valley Development Agency, and the Pasadena Blue Line
Construction Authority
Private Entities: Bahan, LLC, Del Rey Properties, The Hennessey Group, Limoneira Company,
Mar Ventures, Piceme Properties and Signature Properties
Tierra West Advisors
Real Estate and Redevelopment Consultants
ADDITIONAL INFORMATION
Insurance Coverage's include:
37 80 .
PROPOSAUSTATEMENT OF
QUALIFICATIONS
City of El Segundo
0- Commercial General Liability — Each Occurrence $2,000,000, General Aggregate
$4,000,000
Automobile — Combined Single Limit - $2,000,000
Workers Compensation and Employers Liability — Each Accident $1,000,000
O Commercial Errors & Omissions — per claim & Aggregate $2,000,000
Tierra West's contact information is:
Tierra West Advisors
2616 East Third Street
Los Angeles, CA 90033
Telephone: (626) 665 -1224
Facsimile: (626) 796 -5488
Electronic Mail: jyonai@tierrawestadvisors.com
Tierra West is a minority owned business enterprise.
Resumes of Tierra West personnel available to serve on assignments for the City follow in the exhibits to
this letter.
Tierra West Advisors
t4wolReal Estate and Redevelopment Consultants
EXHIBIT A: LIST OF SERVICES
A:
B.
IMPLEMENTATION AGREEMENTS ERVICES
3780 .
PROPOSAL /STATEMENT OF
QUALIFICATIONS
City of El Segundo
Development Planning and Analysis: Tierra West is available to provide development
planning and analysis for specific project undertakings. Typically, this would involve
preparation of a Design for Development for adoption by the City that sets the basic
parameters for proposed development. The options available to the City for
development of a specific site can be analyzed to determine the optimal outcome and a
recommended project.
2. Development Pro Forma Analysis/Negotiation: Tierra West is available to provide
project financial pro formas for potential redevelopment projects to assist the City in
determining the financial viability of a project and determine the degree of participation
which may be required by the City. Tierra West is also available to assist with
developer negotiations as needed.
3. Agreement Preparation: Tierra West is available to assist City staff and legal counsel
in the drafting of agreements (typically, Disposition and Development Agreements or
Owner Participation Agreements). These agreements outline the responsibilities of
both the proposed owner /developer and the City.
4. Agreement Processing: Tierra West is available to prepare the back -up materials,
agenda staff report, and summary report (required by redevelopment law) and assure
that proper noticing and hearings are held in conformance with law.
AFFORDABLE HOUSING PROJECTS
Comprehensive Strategy: Tierra West is available to assist with the preparation of a
comprehensive affordable housing strategy. This could be done in coordination with
the updating of the Five -Year Implementation Plan.
2. Specific Project/Site Identification: The City has specific requirements to rehabilitate
and develop new affordable housing. It may behoove the City to identify specific
projects and sites that could be utilized for this purpose.
3. Developer Selection/Negotiation: Tierra West is available to assist in the developer
selection process, as well as in negotiating terms and agreements for future housing
development.
4. Financing: Tierra West has a background in developing various financing alternatives,
making use of low to moderate housing set -aside funds, tax allocation bonds, tax credit
opportunities, and other revenue bond formats to assure the most efficient and effective
way of leveraging City funds for the development of housing.
3780 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment ConSliltants City of El Segundo
C. REAL ESTATE SERVICES
Tierra West is available to perform real estate related services. These services include:
1. Properiy Mana eg rn If needed, Tierra West is available to provide property
management services for City -owned properties. Typically, Tierra West has provided
interim management services when either the property will be held for only a short
time, or when time is needed to select a long -term, permanent management company.
2. Propegy Acc uisition/Ne otiation: Implementation programs frequently require
property acquisition and negotiation services. Tierra West is available as needed to
provide such services. All services will be provided in conformance with State
guidelines regulating the acquisition of properties by public entities.
Relocation: From time to time, relocation services have been required, and although
Tierra West does not directly provide these services, Tierra West has contracted with,
and overseen the work of other specialty relocation consultants and can continue to
provide this service.
D. PUBLIC AGENCY ADMINISTRATION
Tierra West is available to assist the City with all other administrative activities as needed.
Tierra West has experience in assisting staff with establishing procedures that can then be
implemented without consultant involvement. Administrative activities may include:
1. Agenda Materials: Tierra West will draft resolutions, reports, notices, plans, agenda
staff reports, and back -up materials as requested by City staff.
2. Meetings: Tierra West staff is available to attend meetings of the City Council or
Board of Directors of the Redevelopment Agency, Housing Authority, Planning
Commission, project advisory committees, and meetings with property owners and
residents, when necessary. Tierra West has a track record of developing good working
relationships with both affected citizens and with staff members.
General Administrative Services: Tierra West is available to assist the City with all
other administrative matters on an as- needed basis. These services could include
assisting with City filing document control systems, discretionary permits, providing
specialized services related to real estate appraisals, acquisition negotiations, relocation,
market analysis, detailed development analysis or goodwill appraisals. Tierra West
may not directly provide all of these services but could assist by identifying those
consultants who have experience in the necessary areas of expertise and coordinating
the provision of their services.
Tierra West Advisors
Real Estate and Redevelopment Consuitants
E. PROJECT FINANCING
IV
3780 .
PROPOSAUSTATEMENT
OF QUALIFICATIONS
City of El Segundo
1. Tax Increment Financings: Tierra West is available to provide fiscal consulting
services needed for the issuance of tax increment securities. These services would
include tax increment revenue projections based on current year assessed valuations,
historical trends, building permits issued for in- progress projects, review of planned
new development, and the effects of pass - through agreements. Tierra West is also
available to provide financial advisory services, assist with preparation of Official
Statements, and other issuance procedures.
2. Finance Strate igies: Tierra West has worked with cities and agencies in the past to
determine the best use of the funds available. Because the City is involved in both
public improvements and private developments, it is important that the tax exempt
funds (which must be used for public projects) and other less restricted funds be used to
their best end. Tierra West can advise the City regarding its best use of bond proceeds,
housing funds, land/real estate proceeds, and tax increment funds.
REPORTING REQUIREMENTS
1. Annual Budget and Work Program: Redevelopment Law (HSC Section 33606)
requires all Redevelopment Agencies to prepare an annual budget that includes the
proposed expenditures, proposed indebtedness, anticipated revenues, and a work
program for the coming year, and an analysis of prior year accomplishments. Tierra
West will utilize information from the City budget to prepare the annual budget to
comply with Redevelopment Law.
2. State Controller's Report: If needed, Tierra West will assist staff in preparing this
required report, particularly the Housing and Community Development portion of the
report.
3. Statement of Indebtedness: Tierra West is available, if needed, to assist with the
preparation of this document, although likely this has been, and will continue to be
done by the City finance department.
4. Monitoring Deed Restrictions: Redevelopment Law requires the Agency to expand and
improve the supply of affordable housing and to record deed restrictions to assure
continued income level compliance. Tierra West is available to monitor these deed
restrictions on an ongoing basis.
37 80 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
G. SPECIAL PROJECT ACTIVI'T'IES
Tierra West is available to prepare necessary analysis and documentation for any specific
implementation activities.
Economic Development Strategies: Economic Development Strategic Plans are
important for addressing public infrastructure deficiencies, land use issues, business
retention /attractions programs, streetscape programs and other projects that could be
impacting business growth within the city.
2. Cost Benefit Analysis/Economic Impact Analyses: Tierra West is available to aid the
City in analyzing the costs and benefits of specific development proposals targeting
specific users, and to help create an economic development program which is beneficial
to the local tax base. Implementation of redevelopment plans should be accomplished
in such a way as to promote economic stability and future revenue flow to the City and
other taxing entities. With periodic slowdowns in real estate market activities, it is
necessary for redevelopment agencies to take a lead role in promoting local economic
development.
3. Specific Project Activities: As necessary, Tierra West is available to analyze specific
projects, develop schedules and budgets, and prepare necessary documentation.
4. Community Outreach Strategy Development: Our staff has a great deal of experience
identifying and developing partnerships with community leaders, stakeholders, and
community based organization. Staff also has experience creating and facilitating
project area committees for Redevelopment.
L
John Yonai
Education
Tierra West Advisors
Real Estate and Redevelopment Consultants
Graduate School of Management Real Estate
Finance Certificate
University of California, Los Angeles
Bachelor of Science
Business and Finance
Loyola - Marymount University
Professional Affiliations
Urban Land Institute (ULI)
International Council of Shopping Center
Owners (ICSC)
National Association of Housing and
Redevelopment Officials -So. California
Chapter Instructor (NAHRO)
California Redevelopment Association -
Redevelopment Institute Instructor
(CRA)
National Association of Corporate Real Estate
Executives
California Association of Realtors
(CAR)
California Restaurant Association
(CRA)
California Licensed Real Estate Broker -
Current
PROPOSAUSTATEMENT
OF QUALIFICATIONS
City of El Segundo
Tierra West Advisors, LLC — Principal
Provides project management and implementation services for a variety of
real estate consulting services to both public and agencies and private
industry. Program management services include coordination with client staff
and supporting consulting services required in the real estate program process.
Coordinates negotiation of all forms of real estate contracts, professional
services for engineering, title insurance, appraisals, escrow services,
acquisition and relocation services. Consulting engagements have included
acquisition, disposition and development agreements, owner participation
agreements and lender negotiations. Specializes in economic evaluation and
feasibility analysis for retail commercial centers, office projects, hotel
projects, industrial projects, and single and multifamily housing.
Rosenow Spevacek Group — Owner /Principal — 1990 to
2006
Owner, Principal and Board member for 15 years. Established the real estate
program management group for the Rosenow Spevacek Group. Provided
guidance, development and implementation of the complete spectrum of real
estate related activities including real estate economics, pro formas,
commercial, retail, industrial and housing analyses, all forms of real estate
acquisitions including raw land, existing developments including commercial,
retail, industrial, manufacturing, residential, hotels, office, mobile homes,
businesses, rights of way, easements, billboards and miscellaneous property
entities and rights. Commissioned assignments included project management
and implementation services for a variety of real estate, economic and
redevelopment related consulting services to both public agencies and private
entities.
PacTel Properties -Director of Projects — 1985 to 1990
Directed all acquisitions, development, and portfolio management in Los
Angeles, Orange, and Ventura Counties. Projects included raw land
development, development of commercial and industrial product, office
building rehabilitation, recreational properties, and multiple family housing
developments. Responsibilities also included marketing of company services
and leasing activity for the portfolio. Acquired and developed over 1,500,000
square feet of building space in excess of $250,000,000 in value.
Tierra West Real Estate. Consultants — Principal — 1980 to
Current
Principal in charge of a multidisciplined professional real estate consulting
group providing services to corporations and private entities. Projects include
corporate real estate planning and long -range projections. Asset management
services for large commercial office projects, including financial and property
management oversight; and coordinate negotiations to acquire property
through purchase and by leasing.
3780 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
Timothy Mulrenan Tierra West Advisors, LLC — Principal
Principal in charge of a multidisciplined professional real estate consulting
group providing services to corporations and private entities. Projects include
corporate real estate planning and long -range projections. Asset management
services for large commercial office projects, including financial and property
management oversight; and coordinate negotiations to acquire property
through purchase and by leasing.
. ,
Provides project management and implementation services for a variety of
real estate consulting services to both public and agencies and private
Education
industry. Program management services include coordination with client staff
and supporting consulting services required in the real estate program process.
Coordinates negotiation of all forms of real estate contracts, professional
Bachelor of Arts
services for engineering, title insurance, appraisals, escrow services,
Geology
acquisition and relocation services. Consulting engagements have included
Rutgers University
acquisition, disposition and development agreements, owner participation
agreements and lender negotiations. Specializes in economic evaluation and
feasibility analysis for retail commercial centers, office projects, hotel
Master of Business Administration
projects, industrial projects, and single and multifamily housing.
Concentration in Real Estate and
Entrepreneurial Ventures
Rosenow Spevacek Group —Owner /Principal —1990 to 2006
Rutgers University
Owner, Principal and Board member for 15 years. Established the real estate
program management group for the Rosenow Spevacek Group. Provided
guidance, development and implementation of the complete spectrum of real
estate related activities including real estate economics, pro formas,
Professional Affiliadons
commercial, retail, industrial and housing analyses, all forms of real estate
acquisitions including raw land, existing developments including commercial,
retail, industrial, manufacturing, residential, hotels, office, mobile homes,
businesses, rights of way, easements, billboards and miscellaneous property
Urban Land Institute
entities and rights. Commissioned assignments included project management
(ULI)
and implementation services for a variety of real estate, economic and
redevelopment related consulting services to both public agencies and private
entities.
Professional Cerdfieadons
PacTel :Properties - Director of Projects — 1985 to 1.990
Licensed Real Estate Broker
Directed all acquisitions, development, and portfolio management in Los
State of California
Angeles, Orange, and Ventura Counties. Projects included raw land
development, development of commercial and industrial product, office
Licensed General Contractor
building rehabilitation, recreational properties, and multiple family housing
State of California
developments. Responsibilities also included marketing of company services
and leasing activity for the portfolio. Acquired and developed over 1,500,000
square feet of building space in excess of $250,000,000 in value.
Tierra West Real Estate Consultants — Principal — 1980 to
Current
Principal in charge of a multidisciplined professional real estate consulting
group providing services to corporations and private entities. Projects include
corporate real estate planning and long -range projections. Asset management
services for large commercial office projects, including financial and property
management oversight; and coordinate negotiations to acquire property
through purchase and by leasing.
. ,
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
(410,Real Estate and Redevelopment Consultants City of El Segundo
Michael Garcia Tierra West Advisors, LLC — Director
Responsible for assisting with redevelopment plan adoptions and amendments
Education real estate services, implementation activities, bond issues, and planning an(
scheduling project activities. Assignments include feasibility analysis, land us,
analysis, revenue projections, data analysis /gathering, database
design /management, and document preparation. Mr. Garcia has worked in thi;
Master of Public Administration capacity for the Cities of Pittsburg, Signature Properties, Huntington Beach
Concentration in Urban Planning Bell Gardens, Burbank, Santa Ana, San Marcos, Rohnert Park, Port Hueneme
and Management El Monte, La Quinta, Lawndale, Stockton, Riverside, San Gabriel, Sant;
California State University, Fullerton Barbara, Fountain Valley and Lemon Grove.
Bachelor of Arts
Roscnow Spevaccl Group — Senior Associate —1908 to 2006
Political Science
University of California, Irvine
Responsible for assisting with redevelopment plan adoptions and amendments
real estate services, implementation activities, bond issues, and planning ant
scheduling project activities. Assignments include feasibility analysis, land us-
analysis, revenue projections, data analysis /gathering, database
design /management, and document preparation. Mr. Garcia has worked in thi
ProfessionalAffiliadons
capacity for the Cities of Burbank, Santa Ana, Bell Gardens, San Marcos
Rohnert Park, Port Hueneme, El Monte, La Quinta, Lawndale, Stockton
Riverside, San Gabriel, Santa Barbara, Fountain Valley and Lemon Grove.
Council Member 2002 to 2006
City of Santa Ana - Personnel '1 .'echnician —1.995 to 1908
City of Santa Ana, CA
Performed recruitment, selection, classification and compensation duties fo
City departments. Assisted in performing classification and compensatiot
studies and reports, and completing salary and benefit surveys. Assisted it
answering Equal Employment Opportunity Commission and Department o
Fair Employment and Housing requests for information. Designed database
for City programs and reporting requirements. Compiled information to
employee grievance and discipline investigations. Analyzed and draftee
language for employee Union provisions. Provided research assistance to othe
City departments for grant applications.
City of Santa Ana - Senior Administration Intern — 1993 tt
1.995
Assisted in business retention and attraction activities of companies for tht
City. Marketed the Enterprise Zone, Foreign Trade Zone and Fagad
Improvement Rebate Program. Assisted in implementing the Santa An,
Enterprise Zone. Coordinated the Fagade Improvement Rebate Program fo
companies located in Redevelopment Project Areas. Conducted eligibilit,
verification for the Job Training Partnership Act and the Targeted Jobs Ta:
Credit. Conducted surveys and presented findings.
3780
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
Jose ometeod Tierra West Advisors, LLC — Director
Responsible for assisting with redevelopment plan adoptions and
amendments, real estate services, implementation activities, bond issues, and
Education
planning and scheduling project activities. Assignments include feasibility
analysis, land use analysis, revenue projections, data analysis /gathering,
Master of Planning
database design /management, and document preparation. Mr. Ometeotl has
Specialization in Local Economic
worked in this capacity for the Cities of Redlands, San Bernardino, Fontana,
Cypress, Firebaugh, San Joaquin, Montclair, Azusa, Irwindale, Yucaipa
Development
Pleasant Hill, the County of Fresno and the Orange County Fire Authority.
University of Southern California
Rosen ow Spevacek Group - Senior Associate — 2004 to 2006
Bachelor of Science
Urban and Regional Planning
Primary responsibilities include supervision of the collection and evaluation
Comell University
of project related data, project management support, report preparation,
increment revenue analysis, assisting in redevelopment plan adoptions and
amendments, field surveys and the formulation of public revenue projections.
Additional duties include interfacing with clients, providing support to
Professional Affiliations
Principals, preparing agenda items for presentation to and approval by public
bodies and agencies. Project experience includes: assistance with affordable
housing project analysis for the cites of Arroyo Grande, Cypress and
Glendale; project manager for inclusionary housing ordinance studies for the
cities of San Jacinto and Redlands. Plan adoption/amendments for the cities
American Planning Association
of Cypress, Firebaugh, Fontana, and Pleasant Hill and the County of San
Southern California Planning Congress
Bernardino.
Pioneer Valley Planning Commission- Community
Development Planner — 2002 to 2004
Prepared, implemented, and managed municipal grant funded projects such as
infrastructure improvements, social services, and housing rehabilitation and
construction programs. Funds managed were from such sources as CDBG,
HOME, National Trust for Historic Preservation, Rails to Trails and the EPA.
Provided technical expertise in planning and development to municipalities
within the region. Partnered local, state and federal agencies to implement
major infrastructure projects.
City of Azusa Community Development Department —
Intern —199 - 1998
Primary duties were to act as "counter planner" for the Planning Division,
coordinate development proposals and conduct field inspections of proposed
projects. Drafted staff reports to the Planning Commission and City Council
regarding various entitlement requests. Additional responsibilities included
the preparation of Negative Declarations and Notices of Exemptions in
compliance with CEQA.
3780
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
Louis Morales Tierra West Advisors, LLC — Senior Associate — 2006
Advising clients on economic development strategies, negotiating
development agreements between redevelopment agencies and
developers. Providing interim management services to public sector
Education clients.
Califomia Polytechnic University,
Pomona
Bachelor of Science B.S. in Urban &
Regional Planning
California State University, Los Angeles
Public Administration /General Studies
California State University, Long Beach
Industrial Technology (Construction
Management)
Rosenow Spevacek Group Inc, Santa Ana, CA - Associate — Sept.
2005 to Oct. 2006
Serve as project manager for clients requiring services that merge planning
and redevelopment activities. Responsible for advising public and private
sector clients with negotiations for residential and commercial development
projects, which includes but is not limited to project design and feasibility.
Coordinate property acquisition, perform market analysis, and economic
development activities for Municipalities throughout California. Provide
staff support at the executive level in the fields of planning, redevelopment,
housing, and economic development.
ELAC LEM Associates, Downey, CA — Principal — March 2000 to :Present
Associate of Arts / Architecture
Owner of an Urban and Building design and consultant firm, which represented private
Bilingual in Spanish clients in the field of development. Performed design services for the construction and
development of subdivisions, Single - Family projects and commercial retail projects.
Represented developers through the entitlement process for proposed projects.
Coordinated construction plans with Civil and Structural Engineers. Provided financial
and feasibility studies and site selection for clients as required.
City of Lynwood, Lynwood, CA - Redevelopment :Director /Deputy
:Executive Director of the Redevelopment Agency (Started as
Planning; Technician) — Sept. 1989 to Sept 2005
Managed and guided all redevelopment program activities for the City for more
than 15 years, which included guidelines for a downtown specific plan.
Successfully negotiated over 600,000 sq. ft. of commercial retail projects and
reviewed and analyzed the development of over 500 Single - Family and Multi -
Family residential units. Administered the housing program utilizing HOME
program funds through the Housing and Urban Development Department (HUD),
which included a City -wide beautification program, first -time home buyers
program, and rehabilitation program to qualified home owners /residents meeting
the 80% of area median income for Los Angeles County. Reviewed project
proformas to justify Agency participation and drafted summary reports (H.S.C.
33433). Coordinated a Commercial Rehabilitation program (fagade
Improvement) and formulated a specific plan for the downtown area. Monitored
and coordinated grant applications and was successful in securing Brownfield's
Grant(s) and Section 108 loans for development and environmental clean-up.
Drafted cooperation and pass through agreements between Agency and City and
between the Agency and Developers. Coordinated Redevelopment Plan
Amendments including renewal of eminent domain authority. Drafted the five -
year implementation plan. Initiated preliminary studies to determine the viability
and feasibility of forming a housing authority and conducted surveys to establish
the framework for Redevelopment Project Area expansion and merger.
L
Zoe Urrutia
Education
Master of Arts, Public Policy
Claremont Graduate University
Tierra West Advisors
Real Estate and Redevelopment Consultants
Bachelor of Arts
Political Science and International Development
Studies
University of California, Los Angeles
Bilingual and Biliterate
English / Spanish
3780 .
PROPOSAUSTATEMENT
OF QUALIFICATIONS
City of El Segundo
Tierra West Advisors, LLC — Director
Responsible for assisting with redevelopment plan adoptions and amendments
real estate services, implementation activities, bond issues, and planning am
scheduling project activities. Assignments include feasibility analysis, land us
analysis, revenue projections, data analysis/gathering, databas
design/management, and document preparation. Mr. Ometeod has worked ii
this capacity for the Cities of Redlands, San Bernardino, Fontana, Cypress
Firebaugh, San Joaquin, Montclair, Azusa, Irwindale, Yucaipa Pleasant Hill
the County of Fresno and the Orange County Fire Authority.
Rosenow Spevacek Group - Senior Associate— 2004 to 2006
Primary responsibilities include supervision of the collection and evaluation
of project related data, project management support, report preparation,
increment revenue analysis, assisting in redevelopment plan adoptions and
amendments, field surveys and the formulation of public revenue projections.
Additional duties include interfacing with clients, providing support to
Principals, preparing agenda items for presentation to and approval by public
bodies and agencies. Project experience includes: assistance with affordable
housing project analysis for the cites of Arroyo Grande, Cypress and
Glendale; project manager for inclusionary housing ordinance studies for the
cities of San Jacinto and Redlands. Plan adoption /amendments for the cities
of Cypress, Firebaugh, Fontana, and Pleasant Hill and the County of San
Bernardino.
Pioneer Valley Planning Commission- Community
Development Planner — 2002 to 2004
Prepared, implemented, and managed municipal grant funded projects such as
infrastructure improvements, social services, and housing rehabilitation and
construction programs. Funds managed were from such sources as CDBG,
HOME, National Trust for Historic Preservation, Rails to Trails and the EPA.
Provided technical expertise in planning and development to municipalities
within the region. Partnered local, state and federal agencies to implement
major infrastructure projects.
City of Azusa Community Development Department —
Intern —199 - 1998
Primary duties were to act as "counter planner" for the Planning Division,
coordinate development proposals and conduct field inspections of proposed
projects. Drafted staff reports to the Planning Commission and City Council
regarding various entitlement requests. Additional responsibilities included
the preparation of Negative Declarations and Notices of Exemptions in
compliance with CEQA.
3780 .
Tierra West Advisors OF QUOALIA ICATIO SENT
Real Estate and Redevelopment Consultants City of Ei Segundo
Liliana Monge Tierra West Advisors, LLC — Analyst
Assist with project management duties for redevelopment projects. Work with
clients to acquire sites and coordinate relocation activities. Draft staff reports,
resolutions, ordinances, public hearing notices, and all other related City,
Education County, or special district documents.
Bachelor of Arts MySoC:alListings.com /Keller Williams Realty — Santa Fe
Biology Springs, CA — Real Estate Consultant - May 2005 — July 2007
Wellesley College, Wellesley MA Design and implement marketing campaigns to generate and maintain
commercial and residential accounts. Coordinate purchase and sale transactions
UCLA Extension with escrow, title companies, outside brokers and City departments to ensure
Arugus & Spreadsheet Programs for Commercial transactions close according to contract. Develop relationships with local
Real Estate Analysis developers and retailers in Los Angeles County. Attend local City Council
meetings to stay abreast of zoning changes and communicate any pertinent
Cerritos College updates to local builders and developers. Research and disseminate information
about financing options offered by the California Housing Finance Agency and
Accounting mortgage banks to home buyers. Hold team members accountable for meeting
UCLA Riordan Fellow 2000 specific revenue, sales and expense targets.
License
Adobe Real Estate and. Lending, Inc. — West Covina, CA -
Mortgage Loan Consultant — April 2004 — April 2005
California Department of Real Estate Licensee
Responsible for originating mortgage loans for purchase and refinance
Since 2002
transactions. Develop business relationships with real estate agents and
builders. Coordinate residential purchase transactions with escrow, real estate
Memberships
agents, title companies and underwriting staff to ensure financing is available by
specific timelines. Communicate
systematically with client base to generate
additional business and support current accounts.
Member of the Urban Land Insatiate, A Better
Chance Alumni Association & Wellesley
International :Mortgage Corporation, Inc. — West Covina, CA
College Alumni Association
- Mortgage Loan Consultant — September 2003 - .March 2004
Skills
Originate mortgage loans for purchase and refinance transactions. Visit new
housing developments to establish relationships with local builders. Coordinate
Bilingual and Biliterate
residential purchase transactions with escrow, real estate agents, title companies
and underwriting staff within specific timelines. Educate builders and real
English / Spanish
estate agents about various mortgage options available to home buyers
3780
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
Jesse S'aucedo Tierra West Advisors, LLC — Analyst
Assist in the development of impact reports and pro forma analysis; economic
development plans. Draft staff reports, resolutions, ordinances, public hearing
Education
notices, and all other related City, County, or special district documents.
Office of Congresswoman Grace Napolitano
Field Rep resentative/Veterans Liaison — 2004 - 2006
Master of Public Administration
Candidate May 2008
y
Represented Congresswoman at various community events, city council and
University of Southern California
school board meetings. Responsible for constituent casework, including but not
limited to local military veterans. Coordinated annual Military Academy Day
and assisted in selection of Congressional nominees. Established and maintain
Bachelor of Arts
relationships with district veterans and health advisory committees, elected
Political Science
officials, and other representatives from the public, private, and nonprofit
sectors
Boston University, May 2000
Office of California Secretary of State Kevin Shelley
Madrid Internship Program
Field RepresentativeNoter Outreach Coordinator - 2003 -
Research Intern, BANCOMEXT
2004
(Commercial Office of Mexican
Organized and promoted the My Vote Counts initiative, a nonpartisan voter
Embassy)
outreach effort to promote participation through community -based
Boston University, International
organizations, mass media and the Internet. Assisted counties in identifying
Institute, Madrid, Spain
bilingual poll workers and the need for translation of outreach materials.
Congressional Hispanic Caucus Institute (CHCI)
Programs Manager 2002 - 2003
Created and managed the training and development of the program participants
in both the summer internship and fellowship programs. Prepared, reviewed and
scored each application submitted in the selection of program participants.
Served as primary mentor for thirty summer intems and twenty graduate student
Fellows. Coordinated CHCI's Issues Conference (attendance of 700
participants), Fiesta de Golf Charity Tournament (raised $200,000) and all other
CHCI receptions; including managing thirty volunteers. Edited CHCI's Policy
Recommendations — the byproduct of the Issues Conference providing formal
public policy recommendations to Members of Congress.
Office of Senator Edward M. Kennedy
Legislative Intern 20(N)
Drafted residency correspondence for U.S. Ambassadors on behalf of
constituency. Monitored constituent immigration case -work and interpreted for
Spanish - speaking constituents.
3780 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants C'tY of El Segundo
l vestre Najera Terra West Advisors, LLC — Research Assistant
Assist in the development of tax increment projection tables. Conduct research
analysis for special client projects. Draft staff reports, resolutions, ordinances,
Education public hearing notices, and all other related City, County, or special district
documents. Has provided such services for the cities of Artesia, Azusa and
Bachelor of Arts Rancho Palos Verdes.
Business Administration - Emphasis in Finance
California State University Fullerton Orange Count' Transportation Authority — 2001- 2006
Associate of Arts Prepare and present comment (complaint) analysis to the Executive Director of
Liberal Arts External Affairs on a monthly basis. Problem solving, leadership, and
Santa Ana College communication skills are some of the qualities developed from my experience as
customer relations representative.
1
Alexandra
Bassanetti
Bilingual
Tierra West Advisors
Real Estate and Redevelopment Consultants
37
PROPOSAUSTATEMENT
OF QUALIFICATIONS
City of El Segundo
Tierra. West Advisors, LLC - Office Administrator /Real
Estate Technician — 2(X)6
Primary responsibilities include managing office duties, tracking invoices,
recieveables, utilites, office supplies and manage general book keeping. Support
services will also include the preparation of real estate documentation, real
property investigation and title report review.
Southland Title Corporation - Supervisor — 2001— 2006
Primary responsibilities include supervision of the Farms Department, Open
Orders Department, and Web Specialist. Assistant to the Los Angeles County
Sales Manager. Worked on Projects for Sales Manager. Researched new
programs and format for Land America offices statewide. Set up appointments
and training classes for all Southland Offices. Created templates for monthly
reports for all LandAmerica offices. Researched all projects for Farms. Took on
projects for Top Producer sales reps. Went out to offices to manage big
presentations.
Montrose Travel — Lead Agent — 2(X)(1— 2001
"Top Gun" sales agent. Lead Agent for morning shift. Dealt with problem and
irate customers. Managed all sales reports and ticketing issues. Managed
vacation and overtime for agents.
YMCA Catalina Island- Head Water Front Director -1998 to 2000
Organized camps and activities for over 300 people at a time. Head lifeguard.
Assisted Camp Director with organizing camp dates and schedules, billing costs,
activities etc.
Tierra West Advisors
Real Estate and Redevelopment Consultants
EXHIBIT C
ON -CALL CONTRACT FORM
SEE FOLLOWING PAGES
3780.
PROPOSAUSTATEMENT
OF QUALIFICATIONS
City of El Segundo
3780 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into this day of , 20077 by and between the
City of El Segundo (hereinafter referred to as "CITY ") and Tierra West Advisors (hereinafter
referred to as "CONSULTANT ").
WITNESSETH
The parties hereto do agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
(a) The CITY desires to undertake certain activities pursuant to Division 24 of the
Health and Safety Code (the "Act ") necessary for the planning, development and execution of
projects thereunder; and
(b) The CITY desires a highly qualified CONSULTANT to provide technical
assistance in the area of planning and environmental advisory services and to provide interim
staff support on a as- needed basis; and
(c) The CONSULTANT represents that it is qualified to perform such services and
has agreed to do so pursuant to this Agreement; and
(d) The CITY desires to contract with the CONSULTANT on the basis of the
following terms and conditions.
SECTION 2. EMPLOYMENT. The CITY hereby employs the CONSULTANT and
the CONSULTANT hereby accepts such employment, as CONSULTANT to the CITY, for
purposes of providing technical assistance in the areas of providing planning, housing, program
advisory services and project coordination activities.
SECTION 3. SCOPE OF SERVICES. The CONSULTANT will diligently perform the
tasks and prepare the documents necessary to provide planning advisory services in accordance
with City direction (the "Project "). The specific tasks are those outlined in the Proposal.
SECTION 4. TERM. The term of this Agreement shall be U year commencing
from the date of this Agreement as first shown above, or until its termination by the City or
CONSULTANT, whichever occurs first. The schedule of performance shall be as outlined in the
preliminary schedule prepared by the CONSULTANT. If necessary, the schedule may be
modified upon approval of the CITY staff.
SECTION 5. CONSULTANT PROJECT TEAM. John Yonai, Managing Principal and
Project Manager, will be designated as the responsible party for the CONSULTANT. Other
project team members will include Louis Morales.
37 80 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
If at any time during the term of this Agreement the principal consultant staff designated
to work on the Project are no longer available to work on the Project, the CITY retains the right
to renegotiate this Agreement.
SECTION 6. COMPENSATION. The CONSULTANT will perform those tasks and
deliver the products outlined in the Proposal on a time and materials basis for a fee not to exceed
($ ). Not included in this fee are the costs
incurred for those items identified as "Exclusions" in the Proposal. These items will be charged
on a time and materials basis.
Reimbursable expenses shall mean necessary out -of- pocket expenses incurred by the
CONSULTANT in the performance of this Agreement for postage, printing and duplication
costs, and messenger costs. Reimbursable expenses shall be billable at the actual costs
reasonably incurred therefor plus a 10% surcharge.
Within ten (10) days after the last day of any month, the CONSULTANT shall submit an
invoice to the AGENCY itemizing tasks performed and related reimbursable expenses. The
hourly rates for professional services rendered pursuant to this Agreement shall be those
presented below.
Principal/Director
$195
Senior Associate
$160
Associate
$140
Senior Analyst
$115
Analyst
$105
Research Assistant
$ 85
Word Processor /Graphic Artist
$ 65
Clerical
$ 50
SECTION 7. PAYMENT PERIOD. The CITY shall review the invoices submitted by
CONSULTANT to determine whether the nature and extent of the services performed are
consistent with this Agreement. Payment shall be made within thirty-five (35) days following
receipt of the invoice by the CITY or CITY shall give to CONSULTANT a written notice
objecting to charges, including a statement of reasons for such objections.
SECTION 8. RIGHT OF TERMINATION. This Agreement may be terminated by the
CITY, with or without cause, in its sole discretion, on ten (10) days written notice to the
CONSULTANT.
In such event, the CONSULTANT shall, on the CITY'S request, promptly surrender to
the CITY all completed work and work in progress, and all materials, records, and notes
procured or produced pursuant to this Agreement. The CONSULTANT may retain copies of
such work products as a part of its record of professional activity. The CONSULTANT is
cognizant of the fact that all information and material obtained by the CONSULTANT from the
CITY during the performance of this Agreement shall be treated as strictly confidential, and shall
not be used by the CONSULTANT for any purpose other than the performance of this
Agreement. The CONSULTANT shall be reimbursed for all expenses incurred to the date of
termination.
37 80 .
PROPOSAUSTATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants City of El Segundo
SECTION 9. REPORTS AND DOCUMENTS. All reports, agreements and other
documents prepared by the CONSULTANT pursuant to this Agreement are the property of the
CITY and shall be turned over to the CITY upon expiration or termination of this Agreement.
The CITY may use, duplicate, disclose, and/or disseminate, in whole or in part, in any
manner it deems appropriate, all papers, writings, documents, reports and other materials of
whatever kind prepared, produced or procured in the performance of this Agreement, which are
delivered to or acquired by CITY.
SECTION 10. INDEPENDENT CONTRACTOR. The parties hereby acknowledge
that the CONSULTANT is an independent contractor and shall not be considered to be an
employee of the CITY.
SECTION 11. INDEMNITY. CONSULTANT hereby agrees to and does indemnify,
defend and hold harmless the CITY, and any and all of their respective officers, employees, and
representatives from any and all claims, liabilities and expenses, including attorney fees and
costs that arise out of CONSULTANT'S performance of this Agreement. However, if the
CONSULTANT is joined in any legal action taken against the CITY except actions based on the
negligent or wrongful acts of the CONSULTANT, the CITY will indemnify, defend and hold
harmless the CONSULTANT.
SECTION 12. NOTICES. Notices pursuant to this Agreement shall be given by
personal service or by deposit of the same in the custody of the United States Postal Service,
postage prepaid, addressed as follows:
TO CITY: Director Planning & Building Safety
City of El Segundo
350 Main Street
El Segundo, California 90245
TO CONSULTANT: Tierra West Advisors, Inc.
168 Annandale Rd.
Pasadena, CA 91105
Notices shall be deemed to be given as of the date of personal service, or two (2) days
following the deposit of the same in the course of transmission of the United States Postal
Service.
SECTION 13. BINDING EFFECT. This Agreement shall be binding upon the parties
hereto and their successors in interest.
SECTION 14. ASSIGNMENT. CONSULTANT shall not be permitted to assign any
of its rights or obligations hereunder, except to subconsultants as approved by the CITY and
except for the payment of funds due from the CITY, without prior written consent of the CITY.
The consent of the CITY to an assignment shall not be unreasonably withheld, but prior to
approving any assignment involving the performance of any obligations pursuant to this
Agreement, the CITY shall be satisfied by competent evidence that the assignee is financially
able and technically qualified to perform those services proposed to be assigned. In the event of
such assignment, the CITY may condition the same so as to ensure compliance with the
provisions of this Agreement.
37 8 0 .
PROPOSAL/STATEMENT
Tierra West Advisors OF QUALIFICATIONS
Real Estate and Redevelopment Consultants Clty of El Segundo
SECTION 15. COMPLIANCE WPTH LAWS. CONSULTANT shall comply with all
applicable laws in performing its obligations under this Agreement.
SECTION 16. CONFIDENTIALITY. Information and materials obtained by the
CONSULTANT from the CITY during the performances of this Agreement shall be treated as
strictly confidential, and shall not be used by the CONSULTANT for any purpose other than the
performance of this Agreement.
SECTION 17. CONSULTANT'S LIABILITY AND INSURANCE, PUBLIC
LIABILITY AND PROPERTY DAMAGE INSURANCE. The CONSULTANT shall assume
all responsibility for damages to property or injuries to persons, including accidental death,
which may be caused by the CONSULTANT'S performance of a contract, whether such
performance be by its employees, its subcontractor, or anyone directly or indirectly employed by
it and whether such damage shall accrue or be discovered before or after termination of contract.
The City shall be provided a certificate of insurance verifying the CONSULTANT'S liability
insurance coverage.
SECTION 18. WORKERS' COMPENSATION INSURANCE. The CONSULTANT
agrees to maintain at its expense, during the term of this Agreement, all necessary insurance for
its employees engaged in the performance of this Agreement, including, but not limited to,
workers' compensation insurance, and to provide the CITY with satisfactory evidence of such
insurance coverage upon the CITY'S request.
SECTION 19. DISCRIMINATION. The CONSULTANT agrees that no person shall
be excluded from employment in the performance of this Agreement on grounds of race, creed,
color, sex, age, marital status, or place of national origin. In this connection, the
CONSULTANT agrees to comply with all County, State and Federal laws relating to equal
employment opportunity rights.
IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the
parties hereto on the day and year first herein above written.
ATTEST:
CITY OF EL SEGUNDO
Un
Title:
TIERRA WEST ADVISORS, INC.
I:
Principal
Principal
37 8 o a.j . .
FIRST AMENDMENT TO
AGREEMENT NO. 3780 BETWEEN
THE CITY OF EL SEGUNDO AND
TIERRA WEST ADVISORS, INC.
THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this j day of December
2008, by and between CITY OF EL SEGUNDO, a general law city and municipal corporation
existing under the laws of California ( "City "), and TIERRA WEST ADVISORS, INC., a California
Corporation ( "Consultant ").
1. Pursuant to Section 35 of Agreement No. 3780 (the "Agreement "), Section 1(C) is amended to
read as follows:
"As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed One
Hundred Ninety Two Thousand Four Hundred Dollars ($192,400) for CONSULTANT'S
services."
2. Pursuant to Section 35 of the Agreement, Section 8 is amended to extent the term to September
30, 2009.
3. This Amendment may be executed in any number of counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of the Agreement No.
remain the same.
CITY OF EL SEGUNDO,
ATTEST:
_ QjyleVri.tn �7v
Cindy Mo tesen, City Cler'
APPROVED AS '1'0 M:
Mark D. Hensle it tt
Aalkerger � ssistant City Attorney
TIERRA WEST ADVISORS, INC.
a Corporation