HomeMy WebLinkAboutR27-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco
Deputy Director
SUBJECT:
CONTRACTUAL SERVICES WITH
TERRA NOVA PLANNING &
RESEARCH, INC.
DATE:
April 20, 2004
ORIGINAL
Svnonsis of Previous Commissiou/CouncillCommittee Action{s):
On April 20, 2004, Redevelopment Conunittee Members Estrada, Longville and McGinnis unanimously voted to
recommend that the Community Development Conunission consider this action for approval.
------------------------------------------------------
Recommended Motion{s):
(Community Develonment Commission)
MOTION:
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (THE "AGENCY") TO
EXECUTE THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN TERRA NOVA
PLANNING & RESEARCH, INC. ("CONSULTANT") AND THE AGENCY
Contact Person(s):
Maggie Pacheco
Phone:
(909) 663-1044
All
Project Area(s)
All
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
50% LowlMod Housing
FUNDING REQUIREMENTS Amount: $ 60,000 Source: and 50% Redevelopment Fund
SIGNATURE:
Commissiou/Council Notes:
f2c:--&, ""- eoc..J 7.0:)4-, (;)
P:\AgeDdas\Comm Dev Cornmission\CDC 2004\04-05-03 Terra Nova Contract SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/0312004
Agenda Item Number: P.:J... 7
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
..._____________._.________________________________n_.______________________._______________.________________---------------------------------.------------
Contractual Services with Terra Nova Planninl!: & Research. Inc.
BACKGROUND/CURRENT ISSUE:
Agency Staff is presently involved in the planning stages of numerous significant redevelopment
projects such as Tri-Palm Service Station Development, Arden-Guthrie Retail/Entertainment
Development, Home Depot Expansion, Majestic Realty Shopping Center, and Richardson RV Sales
& Service, Elere Distribution Center, etc. All of these projects require an extensive amount of
planning involvement and given the fiscal and human resources constraints City Development
Services is faced with and the limited planning expertise the Agency possesses, Staff would like to
retain the services of Terra Nova Planning & Research, Inc., to help augment the services provided by
Development Services on behalf of the Agency when projects need planning assistance.
Terra Nova, with over 20 years of experience, is a full service urban planning and environmental
assessment firm with a staff composed of professional urban and environmental planners. They have
prepared a wide variety of documents including general and comprehensive plans, master plans,
specific plans, environmental assessments and environmental impact reports, etc. and has worked
with numerous cities or agencies such as Rancho Mirage, La Quinta, Palm Desert, Cathedral City,
Cal State San Bernardino, and the City of San Bernardino and Agency. They have historically
worked on an as-needed basis on several City/Agency projects, guiding and stewarding projects
through the planning and entitlement process. Terry Nova has previously provided planning and
environmental consulting services to the Developmental Services Department on projects ranging
from an extended stay facility, mini storage, assisted living facility, to office buildings, to name a
few. They are currently assisting the City of San Bernardino in reviewing the environmental
documentation prepared for the Water resources IPA related to the North lake Area and South Lake
Area Projects.
Staff recommends that Terra Nova be retained for a period of one (I) year, at an hourly rate of $110,
for a total contract amount of not to exceed $60,000. The contract scope of work will include, but not
be limited to the following: review development applications for compliance with the City's General
Plan and Development Code; prepare initial studies for proposed developments in accordance with
CEQA procedures; preparation of project summaries or scope of development; attend meetings with
prospective developers; and perform other duties for the Agency, as necessary, and as requested by
the City Planner/Deputy Director. Ms. Nicole S. Criste, will be the assigned Planner to the Agency
under the proposed contract and work under the direction of the Executive Director, or his designee.
ENVIRONMENTAL IMPACT:
None.
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P:\Agendas\Comm [lev Commission\COC 2004\04-05-03 Terra Nova Contract SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/03/2004
Agenda Item Number: KJ..7
Economic Development Agency Staff Report
Terra Nova Contractual Services
Page 2
FISCAL IMPACT:
Funds in the amount of $60,000 for this contract are available in the 2003/2004 EDA Budget,
Low/Mod Housing and Redevelopment Fund.
RECOMMENDATION:
'ty Development Commission adopt the attached Resolution.
COMMISSION MEETING AGENDA
Meeting Date: 05/0312004
Agenda Item Number: Jl.).. 7
P:\Agendu\Comm Dev Commission\CDC 2004\04-05.03 Terra Nova Contract SR.do<:
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013
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.REStO~Jf
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(THE "AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN TERRA NOVA PLANNING &
RESEARCH, INC. ("CONSULTANT") AND THE AGENCY
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WHEREAS, the Agency has a need to retain Consultant to provide planning services
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within the City and Redevelopment Project Areas, as it relates to commercial, and industrial
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projects, and residential development throughout the City of San Bernardino ("City") (the
II
"Scope of Services"); and
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WHEREAS, Consultant has been determined to possess the necessary skills and
qualifications to carry out the functions described in the Scope of Services, Attachment A of the
Professional Services Agreement; and
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WHEREAS, the Agency desires to retain the services of Consultant and the Consultant
desires to provide such necessary services as set forth herein.
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THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section I.
The Executive Director or designee is hereby authorized and directed to
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execute on behalf of the Agency the Professional Services Agreement by and between Terra
Nova Planning & Research, Inc. ("Consultant") and the Agency to provide assistance to the
Agency to include, but not be limited to the following: review development applications for
compliance with the City's General Plan and Development Code; prepare initial studies for
proposed developments in accordance with CEQA procedures; preparation of project summaries
or scope of development; attend meetings with prospective developers; and perform other duties
for the Agency, as necessary, and as requested by the City Planner/Deputy Director with the
approval of the Agency Executive Director or designee.
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P:\Al:enda~\Rnoluliuns\ReSQlulloD!i\2004\lM.OS.OJ Terra l"'0\'1I Conlract CDC Relio.duc
make minor corrections, additions, and clarifications to the Agreement, provided said changes
are approved by Agency Counsel and are not substantive in nature, and do not increase the
monetary impact to the Agency.
The Resolution shall become effective immediately upon its adoption.
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Section 2.
Section 3.
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The Executive Director of the Agency or designee is hereby authorized to
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P:\ACeadu\ReloluIIoDI\ResolutloI:l5\2004\04-05-03 Terra Nova Contract eDC Ruo.doc
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C5
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(THE "AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN TERRA NOVA PLANNING &
RESEARCH, INC. ("CONSULTANT") AND THE AGENCY
4
5
I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Community
6
Development Commission of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote to wit:
Navs
Abstain
Absent
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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I Content:
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By:
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P:\Agendal\ResotulioDI\Resollldon$\2004\04-05-0J Terra Nova CODtnet CDC Reso.doc
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of May, 2004 by and between
the Redevelopment Agency of the City of San Bernardino, California, hereinafter referred to as
'"Agency", and Terra Nova Planning & Research, Inc., hereinafter referred to as '"Consultant".
- RECITALS -
THIS AGREEMENT is made with reference to the following:
WHEREAS, the Agency has a need to retain Consultant to provide planning services
within the City and Redevelopment Project Areas, as it relates to commercial, and industrial
projects, and residential development throughout the City of San Bernardino ('"City") (the
'"Scope of Services"); and
WHEREAS, Consultant has been determined to possess the necessary skills and
qualifications to carry out the functions described in the Scope of Services, Attachment A of the
Professional Services Agreement; and
WHEREAS, the Agency desires to retain the services of Consultant and the Consultant
desires to provide such necessary services as set forth herein.
- AGREEMENT -
1.
Scope of Services:
The Consultant shall perform the services described in Attachment A.
2. Services Furnished to Consultant:
All information, data, documentation and records existing and available to the Agency as
it relates to the Scope of Services shall be furnished to Consultant without charge.
3. Term of Al!reementfTermination:
The Term of this Agreement shall commence on the above date and shall remain in full
force and effect for a period of twelve (l2) months from said date unless mutually extended in'
writing by the parties herein. This Agreement may be terminated by either party upon ten (l0)
days prior written notice to the other party or upon the mutual written agreement of both parties.
In the event of termination, Consultant shall stop work immediately and shall be entitled to
compensation for services rendered to the date of termination.
4. Compensation:
Consultant shall be compensated at the rate of one hundred ten dollars ($110.00) per hour
for services rendered in the Scope of Services. This fee includes all Consultant expenses
associated with such Scope of Services including, but not limited to, travel and mileage, supplies,
photocopying and/or duplication, telephone calls, etc. Compensation for the Scope of Services
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rendered hereunder shall be made on a monthly basis, provided that Consultant submits an
invoice to the Agency, reviewed and approved by the Executive Director or designee. Over the
term of this Agreement, Consultant shall be paid for such services the sum of not to exceed
$60,000. Agency retains the right to challenge all or any part of the invoice.
5. Consultant Responsibilities:
Upon the request of the Executive Director or designee, Consultant shall perform each
element of the work described in the Scope of Services. Consultant commits the principal
personnel listed below to the Scope of Services for its duration:
Consultant: Nicole Sauviat Criste
6. Replacement of Name Personnel:
It has been determined that the individual(s) named in this Agreement is (are) necessary
for the successful performance of this Agreement. No diversion or replacement of this (these)
individual(s) shall be made by Consultant without written consent of the Executive Director or
designee.
7. Release of News Information:
No news release, including photographs, public announcements or confirmation of same,
of any part of the subject matter of this Agreement or any phase of any program hereunder shall
be made without prior written approval of the Executive Director or designee.
8. Confidentiality of Reports:
Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder and that City and Agency designates as
confidential. Such information shall not be made available to any person, firm, corporation or
entity without the prior written consent of the Executive Director or designee. Notwithstanding
the prior two sentences, the provisions of the California Public Records Act commencing at
California Government Code Section 6250 et seq. shall apply.
9. Independent Contractor:
Consultant shall perform each element of the work set forth in the Scope of Services as an
independent contractor and shall not be considered an employee of the Agency. This Agreement
is by and between Consultant and Agency, and is not intended, and shall not be construed, to
create the relationship of agent, servant, employee, partnership, joint venture, or association,
between Agency and Consultant.
10. Successor and Assilmment:
The Scope of Services as contained herein are to be rendered by Consultant whose name
is as appears first above written and said Consultant shall not assign nor transfer any interest in
this Agreement without the prior written consent of Agency.
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11. Indemnification:
Consultant agrees to indemnify, defend and save harmless Agency, its agents, officers,
attorneys and employees from and against any and all liability, expense, including defense costs
and legal fees, and claims for damages of any nature whatsoever, including, but not limited to,
bodily injury, death, personal injury or property damage arising from or connected with
Consultant's negligence hereunder, including any workers' compensation suit, liability or
expense, arising from or connected with the Scope of Services performed by or on behalf of
Consultant by any person pursuant to this Agreement.
12. Nondiscrimination:
Consultant shall not discriminate because of race, color, national origin, creed, religion,
sex, marital status, or physical handicap.
13. Insurance:
Without limiting Consultant's indemnification of Agency, Consultant shall provide and
maintain at its own expense during the term of this Agreement insurance policies meeting the
minimum requirements set forth herein.
All insurance maintained by the Consultant shall be provided by insurers satisfactory to
the Agency. Certificates evidencing all insurance coverage required herein shall be delivered to
the Agency prior to the Consultant performing any of the services under this Agreement. All
insurance certificates required herein shall name the Agency as an additional insured and provide
for thirty (30) days written notice to the Agency prior to cancellation or any material change of
any insurance policy of the Consultant.
A. Comprehensive General Liabilitv and Automobile Insurance
The Consultant shall maintain comprehensive general liability and automobile liability
insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
B. Worker's Compensation Insurance
The Consultant shall maintain worker's compensation insurance in accordance with the
laws of the State of California for all workers employed by the Consultant. All policies, with
respect to the insurance coverage required above, shall contain additional insured endorsements
naming the Agency, and their officers, agents, employees and volunteers as additional name
insured, with respect to liabilities arising out of the performance of Scope of Services hereunder.
14. Contract Evaluation and Review:
The ongoing assessment, performance and monitoring of this Agreement IS the
responsibility of the Executive Director or designee.
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15. Entire Al!:reement:
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the retention of Consultant by Agency and contains all
the covenants and agreements between the parties with respect to such retention.
16. Amendment:
This Agreement may be amended or modified only by written agreement signed by both
parties, and failure on the part of either party to enforce any provision of this Agreement shall
not be construed as a waiver of such provision or provisions, nor act to release any surety from
its obligation under this Agreement.
17. Notice:
Notices, herein shall be presented in person or by certified or registered U.S. mail, as
follows:
To Consultant:
Nicole Sauviat Criste
Terra Nova Planning & Research, Inc.
400 South Farrell, Suite B-205
Palm Springs, California 92262
To Agency:
Executive Director, Redevelopment Agency
of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401-1507
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
NICOLE SAUVlAT CRISTE
TERRA NOVA PLANNING &
RESEARCH, INC.
CONSULTANT
By:
Gary Van Osdel, Executive Director
By:
Approved as content and legal form:
By:
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Scope of Services
ATTACHMENT A
Consultant shall perform planning and related servIces including, but not limited to the
following:
. Review development applications for compliance with the City's General Plan
and Development Code;
. Prepare Initial Studies related to Agency development activities pursuant to the
California Environmental Quality Act and City policies and procedures;
. Prepare project summaries or scope of development based on applicant
submittals;
. Meet with Agency, Planning staff and other City departments as needed;
. Meet with project applicants as determined by Agency staff to review project
plans;
. Attend Development/Environmental Review Committee, Planning
Commission, Community Development Commission and/or Mayor and
Common Council meetings as needed;
. Other similar duties as assigned by the Executive Director or designee.
Consultant shall work under the supervision of the Executive Director, or designee.
The Agency with the assistance of the Planning Division will provide services including, but not
limited to the following:
. Review development applications for completeness;
. Compile and route development applications;
. Prepare, post, advertise, and/or mail all legal noticing for CEQA and public
hearings before the Development/Environmental Review Committee, Planning
Commission, Community Development Commission and/or Mayor and
Common Council;
. Provide sample documents and/or templates for CEQA documents, staff
reports, etc.;
. Provide copies ofthe City's General Plan and Development Code;
. Provide all copying services;
. Other similar duties.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 7, 2004
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution CDC/2004-l 0
At the Mayor and Common Council meeting of May 3, 2004, the City of San Bernardino
adopted Resolution CDC/2004-10 - Resolution approving and authorizing the Executive
Director to execute the professional services agreement by and between Terra Nova Planning &
Research, Inc., and the Agency.
Attached is the original agreement. Please obtain signatures in the appropriate location and
return one original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
~zt1fAh-' )
Please sign and return
Date:
ECONONUC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
R~CFIVrm
;:u-~T'("'I '"
U _ cf?1(
'04 HAy 11 P4:/1
SUBJECT:
Michelle Taylor, Senior Secretary, City Clerk's Office
1l1~argaret Parker, Secretary
Executed Document
TO:
FROM:
DATE:
May 11, 2004
Enclosed is the fully executed Agreement pertaining to the following resolution:
CDC/2004-10 A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO (THE "AGENCY") TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
TERRA NOVA PLANNING & RESEARCH, INC.
("CONSULTANT") AND THE AGENCY
Please let me know if you have any questions.
Thank you,
Margaret
Enclosure
cc: Barbara Lindseth (with Original Executed Agreement)
Barbara Sharp (with Copy of Agreement)
Maggie Pacheco (with Copy of Agreement)
.:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5- 3-04 Item # (2. '2...'1 Resolution #
Vote: Ayes 11'3 - ') Nays -f;ir Abstain A-
Change to motion to amend original documents 0 Companion Resolutions
C~)W'l4-\ 0
Absent Lf
Null/V oid After: q days 1 .&'
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 5-5-0~
Date of Mayor's Signature: 6-'=--0'1
Date of Clerk/CDC Signature: 5-" -0'1
Reso. Log Updated:
Seal Impressed:
ff
..et
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
[x -r-o <.{
Date Returned: 5 - 11- () 'i Not Returned: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
Yes
Yes
Yes
Yes
No By
No V By
No'/ By
No"/ By
N07
Copies Distributed to:
Animal Control 0 EDA 0"" Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03