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HomeMy WebLinkAboutCSU FULLERTON AUXILIARY SERVICES CORPORATIONt A. Cl �w � 3 CONTRACT NO. C#6636 AMI F1,1iTiEsi SPONSORS RECIPIENT City of Santa Ana, Santa Ana Business Council CSU Fullerton Auxiliary Services Corporation and Downtown Inc. (individually referred to as ("ASC') "CONTRIBUTING PARTNER", collectively referred to as "SPONSORS") ASC, a California public non-profit corporation, serves as fiscal and administrative Iegal entity for external grants and contracts issued to California Stale University, Fullerton ('Ca "), a public institute of higher education. Amount: $7,500.00 TIN: 95-2081258 Effective Period: Dec. 4, 2017 — Ma M, 2018 DUNS: 1 Obb707 is General Terms and Conditions SPONSORS and ASC may be referred to individually as a "Party," and collectively as "Parties." 1. Scope of Work and Budeet. ASC shall be responsible for the tasks described in the Statement of Work ("WORK") which is attached and incorporated herein as Exhibit A. In consideration of the work to be conducted by ASC, SPONSORS shalt pay ASC amount not to exceed contract amount, in accordance with Exhibit B, attached hereto. All rigbt, title and interest in and to intellectual property, including any and all data, copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, directly generated, produced, conceived or reduced to practice by employees of ASC or CSUP under this Agreement ("Documents & Data ') shall belong to ASC. ASC represents and warrants that ASC has the legal right to license the Documents & Data. SPONSORS shall have a non-exclusive license to copy, use, modify, reuse, or sublicense the Documents and Data. SPONSORS shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use that are not within the purposes intended by this Agreement shall be at SPONSORS' sole risk. ASC shall require all subcontractors to agree in writing that SPONSORS are granted a non-exclusive license for any Documents & Data the subcontractor prepares under this Agreement. ASC makes no such representation and warranty in regard to data and otter documents which were provided to ASC by the SPONSORS. 2. Billing and Payment. ASC shall send an invoice to each CONTRIBUTING PARTNER in accordance with Exhibit B. CONTRIBUTING PARTNERS agrees to pay each invoice in total, within thirty (30) days of receipt. Invoices shall be submitted to the CONTRIBUTING PARTNERS's administrative contact provided in Exhibit C. CONTRIBUTING PARTNERS's payment shall be by check, payable to "CSU Fullerton Auxiliary Services Corporation" and mailed to ABC's administrative contact provided in Exhibit C. 3. Termination . Any Party may terminate this Contract upon thirty (30) days advance written notice to the other Parties. Upon termination of this Contract, ASC agrees to submit all applicable deliverables to SPONSORS and SPONSORS agrees to compensate ASC for all expenses, including non -cancellable obligations, reasonably incurred by ASC in the performance of its work under this Contract through the date of termination. Payment need not be made for work which fails to meet the standards of performance which may reasonably be expected by SPONSORS. 4. Modcation or Waive. No pari of this Contract shall be modified without the express written consent of all Parties. The waiver by one Party of any breach of any term or condition of this Contract FYMMS Contract No. C4636 shall not be construed as a waiver of any similar or other breach of any term or condition of this Contract. Nor shall said waiver be construed as a continuing waiver of the original breach. 5. Independent Contractor. ASC shall, during the entire term of this Contract, be construed to be an independent contractor and not an employee of SPONSORS. This Contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow SPONSORS to exercise discretion or control over the professional manner in which ASC performs the services that are the subject matter of this Contract. The services to be provided by ASC, however, shall be provided in a manner consistent with all applicable standards and regulations governing such services. ASC shall pay all salaries and wages, employees' social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. Assignment. No part of this Contract may be assigned by any Party without the prior written consent of all Parties. 7. Indemnification. SPONSORS agree to defend, indemnify and hold harmless ASC, California State University, Fullerton (CSUF), the Trustees of the California State University, their officers, employees, students, and agents from and against all liability, loss, expense (including reasonable attorney's fees), or claims for injury of damages arising out of the performance of this Contract but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from negligent or intentional acts or omissions of the SPONSORS, its officers, employees, students or agents. ASC agrees to defend, indemnify and hold harmless SPONSORS, its officers, employees, students, and agents from and against all liability, loss, expense (including reasonable attorney's fees), or claims for injury of damages arising out of the performance of this Contract but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from negligent or intentional acts or omissions of the ASC, its officers, employees, students or agents. 8. Insurance. Without limiting the Parties' indemnification, ASC and SPONSORS warrant that each Party has and will maintain Workers' compensation insurance coverage of not less than one million dollars ($1,000,000) per accident; General Liability insurance of not less than one million dollars ($1,000,000), and automobile Liability insurance of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned, and hired vehicles. The City of Santa Ana is self-insured for such coverage. 9. Force Maieure. If by reason of force majeure ASC's performance hereunder is delayed, hampered or prevented, then the performance by the ASC shall be extended for the amount of time of such delay or prevention. The term "Force Majeure" shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest; embargo, riot, war, insurrection or civil unrest; any act of God, any act of legally constituted authority; or any other cause beyond ABC's control, which would excuse the ABC's performance as a matter of law. Each party agrees to give the other party written notice of an event of force majeure under this Paragraph within ten (10) days of the commencement of such event and within ten (10) days after the termination of such event. However, inadvertent failure to give notice shall not bar a party from giving such notice within a reasonable time thereafter. 10. Nondiscrimination. ASC and SPONSORS shall comply with all applicable federal and state laws and statutes related to nondiscrimination, including, but not limited to, those Acts and amendments prohibiting discrimination on the basis of race, color, natural origin, gender, handicap or disability, sexual preference, drug addiction and alcoholism. I 11. Retention of Records. ASC and SPONSORS agree to maintain and preserve all records relative to this Contract, for three (3) years after termination. ASC and SPONSORS agree to permit each other or FY2017.19 N-2018-018 Contract No. C4636 any of its duly authorized representatives to have access to and to examine and audit, any pertinent books, documents, papers, and records related to this contract. Furthermore, all records related to this Contract shall be reasonably available for inspection by the State of California. 12. Severability. Should any part, term, or provision of this Contract, be declared or determined by any court or other tribunal or appropriate jurisdiction to be invalid or unenforceable, any such invalid or unenforceable part, term, or provision shall be deemed stricken and severed from this Contract any and all of the other terms of this Contract shall remain in full force and effect. 13. Disputes: Resolution of disputes of a technical nature shall be resolved through good faith negotiations. Any dispute arising under or related to this Contract shall be resolved to the maximum possible extent through negotiations and settlement. Failing settlement, despite good faith efforts by both parties, any such unresolved issues may be addressed by employing whatever remedies exist in law or equity beyond this Contract. 14. Applieable Law. This Contract and any disputes concerning it shall be interpreted under the laws of the State of California. 15. Special Terms and Conditions or Additional Information. Exhibit D is incorporated in this Contract and attached hereto. 16. DebarmeaL Suspension, and Other Res oonsibility Matters. Both Parties certify, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any United States federal department or agency. 17. Entire Aareeme This Contract, including any attachments, appendices and references, constitutes the entire Contract and supersedes any other written or oral representations, statements negotiations, or agreements. SPONSORS: For: City of Santa Ana Recommended for Approval i Name: Robert Schm:ede &te Title: Interim Executive Director For Community Development RECIPIENT: For: CSU Fullerton Auxiliary Services Corporation Name: Charles D. Kissel Title: Executive Director For: Downtown Inc For: City of Santa Ana Name: Ryan Chase Date Raul Godine. Title: President City Manager For: Santa Ana Business Council / I I VD AS TO FORM Name: Raul ez Date / Y Title: President Fr2e1748 aslsta Cit Attorne Y Y Contract No. C-6636 Economic Impact of Downtown Santa on the City of Santa Ana Adrian R. Fleissig, Ph.D. Scone of Work Dr. Adrian Fleissig will lead a team of researchers, including students, to prepare a comprehensive study, which will estimate the economic impact that Downtown Santa Ana (zip code 92701) has on the City of Santa Ana. Employment and output of Downtown Santa Ana will be compared to corresponding data for Downtown Fullerton, Downtown Orange and Downtown Huntington Beach. The work includes collecting said analyzing economic data, performing economic analysis, developing regional and local economic forecast models, and delivering estimates of the economic impact. The final report will provide details about the data, methodology, analysis, and estimates of the economic impact that Downtown Santa Ana has on the City of Santa Ana as well as a comparison of employment and output to Downtown Fullerton, Downtown Orange and Downtown Huntington Beach. A general outline of the study is provided below; a Provide an Economic Overview ofQowtown Santa Ana This section will provide an overview and outlook of economic conditions in City of Santa Ana based on economic and demographic daft. The economic data may include information and analysis on employment, unemployment, income, businesses, major sectors and industries, real estate, universities, etc. U Estimate the Economic Impact ofDowntown Santa Ana This section will provide estimates of the economic impact that Downtown Santa Ana on the City of Santa Ana. Data from the Bureau of Labor Statistics, Employment Development Department, IMPLAN, other regional, state and national data as well as estimates from economic models developed at California State University Fullerton will be used in the study, This data will be used with the IMPLAN model and database to estimate the economic impact that Downtown Santa Ana has on the City of Santa Ana. Employment and output for Downtown Santa Ana will be compared to employment and output for Downtown Fullerton, Downtown Orange and Downtown Huntington Beach. U CiuPHnd Output for the City of Santa Ana, Downtown Santa Ana, Downtown Fullerton, Downtown Orange and Downtown Huntington Beach will include Gross Regional Product, employee income, proprietor income, major industries (for example restaurants, real estate, retail, wholesale, education, automobile, legal, health, etc.), business taxes paid to government and state local government demand. u Data and Methodolory This section of the report will provide information about the data used in the study. The methodology section will outline data aggregation, maim variables used in estimation, methodology, econometric techniques, and assumptions. Ll h'utare WorkNOT itVCLLMICOU ED by this Contract Three year projections on variables in Economic hnpact Output FV2017.1a Contract No. C-aaa$ What if scenario (economic slowdown, moderate growth, strong growth) Dr, Flebdg will: u Discuss details of the project with Mr. Marc Morley and/or specified personnel to determine the desired content of the report. ci Prepare detailed report that discusses, analyzes and estimates the economic impact that Downtown Santa Ana has on the City of Santa Ana and a comparison of employment and output of Downtown Santa Ana to corresponding data for Downtown Fullerton, Downtown Orange and Downtown Huntington Beach. o Include an outlook and summary of economic data related to Downtown Santa Ana and the City of Santa Ana. U Provide an analysis that will include estimates of the direct economic impact, indirect economic impact, employment, income, tax revenue, and business revenue (if data are available for business revenue). o Provide a section on data and methodology that highlights sources of" used and explains methodologies employed in the report. o Incorporate graphs, pi"harts, tables to illustrate the economic analysis and estimates. Mr. Marc Morley and/or Qlhgr SPQIY&M' Personnel will: u Discuss with the Dr. Floissig details regarding the objectives of the economic impact study of Downtown Santa Ana and additional information that may be included in the report. o Provide access to relevant data (if available) related to Downtown Santa Ana and the City of Santa Ana. Decisions pertaining to the data and information that is able to be provided and the format of such data and information shall be at the sole and absolute discretion of the City of Santa Ana. v Deliver available data in Excel format. Decisions pertaining to the data and information that is able to be provided and the format of such data and information shall be at the sole and absolute discretion of the City of Santa Ana. U Provide feedback on a preliminary draft and final draft of the report. ,D,gliverables et A detailed report of the economic, impact that Downtown Santa Ana has on the City of Santa Ana including a comparison of employment and output of Downtown Santa Ana to Downtown Fullerton, Downtown Orange and Downtown Huntington Beach will be submitted in PDF format via email to Mr. Marc Morley or other designated personnel. The study will include discussion, analysis, graphs, pie -charts, tables, as well as data and methodology section which include the underlying economic assumptions, economic analysis and estimates. a A preliminary report will be provided as requested, which is subject to the Dr. Fleissig receiving any requested information and data from Mr. Marc Morley and/or other designated personnel, Mr. Marc Morley (or an alternative designee) will provide comments and suggestions within 21 days of receiving the preliminary report which Dr. Fleissig may include when revising the report. [ r IA517 Contract No. 04636 ❑ The final report will be due within 30 days after receiving preliminary report comments from Mr. Marc Morley (or an alternative designee). ❑ Additional reasonable revisions as requested by Mr. Marc Morley (or an alternative designee) may be performed. ❑ Expected Start Date 4 Dec 2017 and End Date 30 May 2018. FYZ018.18 Contract No. C-6636 Exhibit B The total cost for this Contract shall not exceed $7,500.00 dollars for services performed in accordance with the Scope of Work. SPONSORS agrees to pay each invoice in total, within thirty (30) days of receipt. Payment need not be made for work which fails to meet the standards of performance which may reasonably be expected by SPONSORS. Billing and Payment: 1. The amount of $2,500 upon execution for the contract 2. The amount of $2,500 is due upon delivery of the preliminary draft (PDF format, delivered via email). 3. The remaining amount of $2,500 is due upon delivery of the final report (PDF format, delivered via email). Payment Schedule by Contributing Partner Contributing Partner Payment Amount Payment Due City of Santa Ana $833.34 Upon execution of contract and receipt of invoice Santa Ana Business Council $833.33 Upon execution of contract and receipt of invoice Downtown Inc. $833.33 Upon execution of contract and receipt of invoice City of Santa Ana $833.33 Upon delivery of preliminary draft and invoice Santa Ana Business Council $833.34 Upon delivery of preliminary draft and invoice Downtown Inc. $833.33 Upon delivery of preliminary draft and invoice City of Santa Ana $833.33 Upon delivery of final report and invoice Santa Ana Business Council $833.33 Upon delivery of final report and invoice Downtown Inc. $833.34 Upon delivery of final report and invoice Total $7,500.00 FY8o37-1a Exhibit C Authorized Contact for City of Santa Ana Name: Robert Zur Schmiede Title: Interim Executive Director for Community CSU Fullerton Auxiliary Services Corporation Development Address: 20 Civic Center Plaza, Santa Ana CA 92701 Telephone: 714-647-5360 Fax: 657-278-1403 Email: rzurschmiede@santa-ana.org Authorized Contact for Santa Ana Business Council Name: Raul Yanez Title: President Address: 108 E 4th Street, Santa Ana CA 92701 Telephone: 714-541-1170 Fax: Email: mimodal(a)aol.com Authorized Contact for Downtown Inc. Name: Ryan Chase Title: President Address: 200 North Main Street, Santa Ana CA 92701 Telephone: (949) 722-7400 Fax: Email: rchaseuscngmail.com FY2017-18 Contract No. 0-6636 Contact Name: Sydney A. Dawes, CRA, CFRA Address: Director, Office of Sponsored Programs Address: CSU Fullerton Auxiliary Services Corporation 1121 N. State College Boulevard Fullerton, CA 92831-3014 Telephone: 657-278-4103 Fax: 657-278-1403 Email: sdawes@fullerton.edu TIN: 95-2081258 Principal Name: Dr. Adrian R. Fleissig, Professor Address: California State University, Fullerton Department of Economics Mihaylo College of Business and Economics 800 N. State College Boulevard Fullerton, CA 92834-9480 Telephone: (657) 278-3816 Fax: N/A Email: afleissig@fuilerton.edu Name: Sydney Dawes, CRA, CFRA Address: Director, Office of Sponsored Programs Address: CSU Fullerton Auxiliary Services Corp. 1121 N. State College Boulevard Fullerton, CA 92831-3014 Telephone: 657-278-4103 Fax: 657-278-1403 Email: sdawes@fullerton.edu Authorized Name: Charles D. Kissel Title: Executive Director Address: CSU Fullerton Auxiliary Services Corp. 1121 N. State College Boulevard Fullerton, CA 92831-3014 Telephone: 657-2784101 Fax: 657-278-4153 Email: ckissel@fullerton.edu Contract No. 08636 Adrian IL Fleissig, Ph.D. Department of Economics, California State University, Fullerton Phone: (657) 278-3816 E-maU:afleissig@fullerton.edu Dr. Adrian R. Fleissia has a joint Ph.D. in Economics and Statistics and specializes in regional economics and econometric analysis. He is a Professor of Economics at California State University Fullerton and is ranked in the top 1.4% (757 out of 55,000) of economists world-wide based on his academic research. He is well-known for developing economic theory and econometric methodology to better understand the monetary policy decisions of the Federal Reserve Bank, consumer choices and regional economics. At CSUF he has been awarded the Outstanding University Researcher Award a number of times: in 2001, 2004, 2007 and 2010. Dr. Fleissig is a research associate at CSUF for the Woods Center for Economic Analysis & Forecasting, Social Science Research Center, and Center for Demographic Research. He has worked on numerous economic impact studies on the regional economy. Dr. Fleissig has developed the Southern California Leading Economic Indicator (2000 -date), which is widely used to predict future economic conditions for the local economy. As a former member of the Advisory Board for Monetary Services Index, Federal Reserve Bank of St. Louis, he provided input for the construction of one of the monetary aggregates produced by the Federal Reserve Bank. He was also an invited speaker at the California Assembly House Sacramento in 2016 to discuss potential change to Proposition 13 and provides housing sales and price forecasts for California Association of Realtors. EDUCATION • North Carolina State University, Joint Ph.D. in Economics and Statistics, 1993 • University of Witwatersrand, Economic Science with Honors, 1988 • University of Witwatersrand, Bachelor of Economic Science, 1986 EMPLOYMENT • Full Professor California State University Fullerton, 2003 -date • Associate Professor California State University Fullerton, 1999-2002 • Associate Professor Saint Louis University, 1999 • Assistant Professor Saint Louis University, 1996-1999 • Research Associate Woods Center for Economic Analysis & Forecasting CSUF, 1999 -date • Research Associate for Center for Demographic Research CSUF, 2004 -date • Research Associate for Social Science Research Center CSUF, 2003 -date. • Advisory Board for Monetary Services Index, Federal Reserve Bank of St. Louis, 2004-2011 HONORS AND AWARDS • World Ranking: Top 1.4% of economists worldwide: 757 out of 55,000. World Rankings of Economists and Economic Departments, Tom Coupe. • Advisory Board, Federal Reserve Bank of St. Louis, U.S. Monetary Data, U.S. Monetary Services Index Data. • Mihaylo Faculty Fellowships, 2009, 2016. • Outstanding University Researcher Award, CSUF, 2001, 2004, 2007, 2010 FY2017.18 Contract No. 0.8838 11V != SPEAKER • "International Trade Economic Forecasts an Overview of Orange County and Southern California Exports," (with Mira Farka), Small Business Development Center, Apr 2017, Hotel Irvine. • "The Impact of Proposition 13 on Home Ownership in California," California State University Fullerton, 2017. • Invited Speaker CA Assembly House Sacramento, "Assessing a Potential Modification to Proposition 13: Property Assessment Portability Laws," 2016. • "International Trade Economic Forecasts an Overview of Orange County and Southern California Exports," (with Mira Farka), Small Business Development Center, 2015 -date. • "Orange County, Labor Market and International Trade," Chinese delegation from the Guangxi Bureau of Statistics Delegation, 2014. • "County of Riverside Forecasts and Economic Outlook," 2008-2015. • "Return on Investment Study," County of San Bernardino, 2012. • "Return on Investment: A Model for Demonstrating Workforce Effectiveness," California Workforce Association: Meeting of the Minds in Monterey: Next Practices, 2011. • "Strategic Financial Plan" for the County of Orange, County Executive Office, 2006-2008. RECENT PROJECTS ARID GRANTS • "Economic Impacts of a Property Assessment Portability Law" Faculty Research Fellows Project: Center for California Studies, 2016. • "County of Riverside Forecasts and Economic Outlook," County of Riverside, 2008-2015 • "International Trade Economic Forecasts an Overview of Orange County and Southern California Exports," CSU Fullerton, 2010 -date. • "An Econometric Model to Forecast Transportation Revenue for Orange County Resource Management Department," County of Orange, 2000 -date. • "Housing Market Analysis with House Price and Sales Forecasts," California Association of Realtors, 2005 -date. • "International Trade Economic Forecasts Inland Empire Metro Area and City of Riverside Merchandise Exports," City of Riverside, 2014. • "Return on Investment Study for San Bernardino Investment Board," County of San Bernardino, 2012-2014. • "Inland Empire International Trade Economic Forecast," CSU Fullerton, 2010 -date. • "ATEP Regional and State Economic Impact Report for the District," 2008-2012, South Orange County Community College District • "Return on Investment Study for Santa Ana Workforce Investment Board," 2009-2010 • "Economic Impact of the Surf City USA Marathon on Huntington Beach," 2008. • "Strategic Financial Plan" for the County of Orange, County Executive Office, 2006-2008. • "FHA Loan Limits and the Impact on California," prepared for California Association of Realtors and forwarded to U.S. Senator Diane Feinstein, 2007. • "Impact of Increasing the Conforming Loan Limits," prepared for California Association of Realtors and forwarded to U.S. Senator Diane Feinstein, 2006. MEDIA EXPOSURE Quoted over 150 rimes (2000 -date) in the media for economic analysis. • Orange County Register • North County Times • LA Times • OC Metro • San Diego Tribune • The Press -Enterprise FV2017-18 to Contract No. C4636 RECENT PUBLICATIONS • 'Changing Trends in US Alcohol Demand.,, Atlantic Economic Journal 2016,1-14. • "A Revealed Preference Test of Rationing A Monte Carlo Analysis," with Gerald Whitney, Economic Modelling, 2105,45(2),207-211. • "The Impact of Commercial Sweeping on the Demand for Monetary Assets during the Great Recession," with Barry Jones, Joumal of Macroeconomics 2015, v45, 412-422. • "Changes in Aggregate Food Demand Over the Business Cycle," Applied Economics Letters, 2015, 22(17),1366-1371. • `Belgium relief fund, post war food shortages and the "True" cost of living," with Gerald Whitney, Exnlomtions in Economic History 2015, 58, 93-106. • "Estimating Demand Elasticities Under Rationing," with Gerald Whitney, Applied Economics. 2014, 46(4),432-440. • "Return on Investment from Training Programs and Intensive Services," Atlantic Economic Journal 2014,42(l),39-51. • "The Impact of FOMC Statements on the Volatility of Asset Prices," (with Mira Farka) Applied Economics. 2013,45(10),1287-1301. • "The Effect of FOMC Statements on Asset Prices," (with Mira Farka) International Review of Applied Economics 2012, vo130(3), 387-416. 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