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HomeMy WebLinkAboutCDC/2002-21 RESOLUTION NO. CDC/2002-21 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CERTAIN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW, SPEV ACEK GROUP, INC. (RSG) PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREAS TO REINSTATE EMINENT DOMAIN. 4 5 6 7 8 9 WHEREAS, the Community Development Commission of the City of San Bernardino 10 (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the 11 "Agency"), is a redevelopment agency, a public body of the State of California, organized and 12 existing pursuant to the Community Redevelopment Law (Part I of Division 24) commencing 13 with Section 33000 of the Health and Safety Code of the State of California; and 14 WHEREAS, the Agency is considering the need to adopt redevelopment 15 amendments in the area identified in Exhibit "A" and has need for consultant services to provid 16 plan amendment consultant services in connection with amending the Central City North an 17 Uptown Redevelopment Project Areas to reinstate eminent domain; and 18 WHEREAS, funds have been appropriated in the Agency's current budget to cover the 19 cost of the necessary consultant services; and 20 WHEREAS, the Rosenow, Spevacek Group, Inc., (the "Consultant") has the experience 21 and expertise needed by Agency; and 22 WHEREAS, the Agency and Consultant desire to enter into a Professional Services 23 Agreement attached hereto as Exhibit "B" and incorporated herein by this reference (the 24 "Agreement"), pursuant to which the Consultant would assist the Agency and provide a plan 25 -1- CDc/2002-21 amendment to the Central City North and Uptown Redevelopment Project Areas to reinstate 2 eminent domain. 3 NOW, THEREFORE, the Community Development Commission, acting on behalf of the 4 Redevelopment Agency of the City of San Bernardino, does hereby resolve, determine and order 5 as follows: 6 SECTION 1. The Commission hereby finds and determines that the Consultant 7 assistance as described in the Agreement is necessary and required. 8 SECTION 2. The Commission hereby authorizes the Executive Director of the 9 Agency to execute the Agreement and such other documents as may be necessary to implement 10 the Agreement and to make the necessary nonsubstantive changes to the Agreement as may be 11 approved by Agency Special Counsel. This Resolution shall take effect upon the date of its adoption. 12 SECTION 3. 13 IIII 14 IIII 15 IIII 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII -2- CDC/2002-21 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CERTAIN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW, SPEV ACEK GROUP, INC. (RSG) PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREAS TO REINSTATE EMINENT DOMAIN 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit 9 Development Commission of the City of San Bernardino at a regular joint 10 meeting thereof, held on the 3rd day of June , 2002, by the following vote to wit: 11 Commission Members: ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK Aves ~ X Navs Abstain Absent 12 X X 13 ~ X 14 15 16 17 18 The foregoing resolution is hereby approved this ,2002. 19 es, haIrperson 20 Com ity Development Commission Of the City of San Bernardino 21 Approved as to form and Legal Content: 22 23 24 25 -3- CDCj2002-21 " .. ......L.I .. .. ..u.. .. .. I..L.. .. .....LL- . ~I ~ SIXTH STREET I IIID 8IIIIJE ~~ FIFTH STREET PIONEER PARK = : 1117 I~., -1' NORTH CENTRAL CITY NORTH Exhibit A-1 CDC/2002-21 DI IUUI II ''''',,~ Ic=JOI I ~ I I ~ DI I I ,"""~, I c=J I I ~ 1 I I c=JQ i-- 1 DO I "m~, 1c=J ~ -l..: "=l ~ fmTTTTTmHTITIml~HTmH:~1 LW W ~ ]I j =u ~ wi- iJ1:w.1 ";""I'-~ I ITIIIIIIIIIJ ~ I I III1II1 m Q1C a:::: :::IE r'- 1111 II ~ lU lIT[ rlm= Ii I[ " .-:1 " =1" "Sffil"l - ~ h-.r~ U .J ~I ,"",,,~ [lr-~" II Rj~ ~ :1 ;! ~: j H,9j ~:~ ~i 'WW[]][IJ'D8:._. j ===:J C ill I I I II I DO DO ilL [ B~ I I; r;:::jfll! II 10 ~L ~B9ta~qEJDDrnDDDO~t . Dg~ . rn---lr-l ~DDDD ~ ;; DO D::LJ: ~ ITIL-J L-J I I C i . I~~~ Di i ~,DDDD - .~~ D-~m~[JD -1 : 1::== I ~ E ~ l- ~! . . .~ ~ : eo," EE ~ - LHJ]]: : [ill] ITIJJlI =::= ~ H IT [II] ~'" 6: == _ ~ ::'~f,~~~:~lTI:r~tr~I~~~:r D I ,<>_, II I ~ ::i::: DDDI I II II I ~DO,---@:::l- D f I II II o~"'~ I DH5~LJ I ~~ nOI II: ,.,,"~ \j o m III 6IlItna T LJ I Iii ,."~"'~ II OJ ""'00' *!1tj!!I... J~w.*m't!J~[]~nll ""00' IF .. I.JJ Cl ~ 'J:!! ,115 ~ if'. "~ ~ ~ BthSlT....t .. < ............... III 111111 II II 111111 I ~o."'.::. SUBAREA "A" SUBAREA "B" .......... NORTH NOIIOS<>I~ UPTOWN Exhibit A-2 CDC/2002-21 AGREEMENT FOR PROFESSIONAL SERVICES PLAN AMENDMENT CONSULTANT SERVICES CENTRAL CITY NORTHlUPTOWN REDEVELOPMENT PROJECT AREAS THIS AGREEMENT made and entered into this 3rd day of June ,2002, by REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, ("Agency"), and Rosenow Spevacek Group. Inc. , ("Consultant"): RECITAL 1. PURPOSE The purpose of this Agreement is to allow the Agency to procure the service of an experienced professional firm to provide plan amendment consultant services in connection with amending the Central City North and Uptown Redevelopment Project Areas to reinstate eminent domain. TERMS AND CONDITIONS 2. MISSION Agency hereby retains Consultant in the capacity as Consultant for provision of services described in Attachment I. Consultant hereby accepts such responsibility as described herein. 3. TERMS This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period oftwelve (12) months, unless terminated sooner as provided herein. 4. CONSULTANT RESPONSIBILITIES Upon the request of the Director or his/her designee, Consultant shall complete the work program described in Attachment I. Consultant commits the principal personnel listed below to the project for its duration: Consultant: Felice Acosta Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 Phone: (714) 541-4585 1 CDC/2002-21 5. 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 ofthe Director or his/her designee, provided that Agency may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If the Director or Agency fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. RELEASE OF NEWS INFORMATION No news release, including photographs, public announcements or confirmation of same, of any part ofthe subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Director or his/her designee. 7. CONFIDENTIALITY OF REPORTS Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that 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 Director or his/her designee. 8. COMPENSATION During the term of this agreement, Agency shall pay Consultant on a monthly basis. Said compensation shall be considered full and complete reimbursement for all Consultant's costs associated with the services provided hereunder. The maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed Fiftv Seven Thousand. Four Hundred Eightv Six and 00/1 00 Dollars ($57,486). Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by the Director or his/her Designees. 9. RIGHT TO AUDIT Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period oftime as required by law. 2 CDC/2002-21 10. AUDIT EXCEPTIONS Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, with respect to matters covered within the Scope of Services, it shall be responsible for complying with such exceptions and paying Agency in full amount of liability resulting from such audit exceptions. 11. AGENCY SUPPORT Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to Agency. 12. INDEPENDENT CONTRACTOR Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Agency or under Agency supervision or control. 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. 13. CONFLICT OF INTEREST Consultant agrees for the term of this agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino or its Economic Development Agency. 14. SUCCESSOR AND ASSIGNMENT The 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. 15. INDEMNIFICATION Consultant agrees to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers, attorney's 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 operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "defense costs and legal fees" for the purposes of this paragraph. 3 CDC/2002-21 16. INSURANCE Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Director or hislher Designee within ten (10) days of the effective date ofthis Agreement. General Liabilitv: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than $1.000.000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency, its Agents, Officers, Attorney's and employees as additional insured. 17. COMPLIANCE WITH LAWS The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 18. NON-DISCRIMINATION In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 19. SEVERABILITY In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 20. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 4 CDc/2002-21 21. ENTIRE AGREEMENT 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. 22. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 23. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the Director or his/her Designee. 24. TERMINATION This Agreement may be terminated by either party by giving written notice at least fourteen (14) days prior to the effective termination date in the written notice. 25. NOTICE Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: Consultant: Felice Acosta Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 To Agency: Executive Director Economic Development Agency of the City of San Bernardino 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. 26. ENTIRE AGREEMENT This Agreement with attachments constitutes the entire understanding and agreement of the parties. IIII 5 CDC/2002-21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. By: Approved as to form and legal content: by: ~ AgencYi,~ounse .s p.,r, (0 ( CONSULTANT By ~~~ ;;;~ p:ldcvelopmcnt dcptlgarylmisclagrcemcnt-profcssional svcs rsg.doc 6 CDCj2002-21 CONSULTANT'S RESPONSIBILITIES ROSENOW SPEV ACEK GROUP, INC. CENTRAL CITY NORTHIUPTOWN REDEVELOPMENT PLAN AMENDMENT SCOPE OF SERVICES 1. Scopin!! Meetin!! and Data Collection - Meet with City staff to review issues and collect information related to the redevelopment project. Meet or coordinate with selected environmental consultant regarding collection of data and timeline. 2. Prepare Amendment Schedule - Ascertain the council meeting and agenda deadline schedule and coordinate with staff in the development of the project schedule. The schedule will enunciate the task, timeframe, and persons responsible for each task. 3. Conduct Field Work - RSG will conduct a field survey of the Project Area to document that conditions of blight remaining that may require the power of eminent domain to remedy pursuant to Section 33031 of the CRL. Although the entire Project Area will be reviewed, the focus of the survey will be upon those parcels affected by the amendment. During the field survey, RSG personnel will take representative photos for inclusion in the Report to the Common Council 4. Prepare Necessary Documents - Prepare the text amendment to the Redevelopment Plan and Report to the Common Council pursuant to Section 33352 of the CRL. If desired, an amended and restated redevelopment plan text can be developed to update the State College Redevelopment Plan. This will enable the Commission to adopt updated documents that contain current law requirements and time and financial limitations. Given that the proposed amendment will involve a simplified procedure, it is anticipated that minimal documentation of blight will be needed to justify the Commission's reestablishment of eminent domain in the Project Area. 5. Proiect Area Committee Formation - The RFP indicates that it may be necessary to form one or more Project Area Committees. If that is necessary, RSG will prepare the necessary "P AC Formation Procedures" and assist with the Information and PAC election meeting(s) and provide support for the subsequent meetings of the PAC. The fee quote includes one formation, one election and four PAC Meetings. 6. Attend Community Forum Meetin!! - RSG will attend and/or conduct (at the direction of the staff) one community forum meeting for the Project Area prior to the joint public hearing. RSG will assist staff in the preparation of a newsletter or form of notice for the community meeting, as well as a Power Point presentation to be utilized at the community meeting. 7. Prepare MaHin!! List - Prepare taxing entity mailing list to be used {or mailing notices required by the CRL. If desired, RSG can assist staff in the preparation of the pwperty owners, businesses and residents mailing list for the co:nmunity meeting and public hearing. CDC/2002-21 8. .Mail Taxin!! A!!cncv Notices - Assemble and mail all necessary taxing agency notices. For budgeting purposes, the mailing cost is estimated at $3. 75/piece for each certified mail piece (taxing agency notices). 9. 'prejlare Required Notices - Prepare written notices required by the CRL, including: the notice pursuant to Section 33327 of the CRL; the published and mailed notice of the community forum meeting; and the published and mailed notice of the joint public hearing for property owners, businesses, residents and persons, firms or corporations which have acquired property within the Project Area from the Commission. 10. Attend the Joint Public Hearin!! - RSG Principal or Project Manager will attend and present information (if deemed necessary) as the joint public hearing. 11. Prenare Staff Renorts and Follow-un -If required, RSG will draft staff reports needed to proceed with the amendment and prepare follow-up correspondence as required by the CRL. 12. Prenare Written Resnonses to Written Obiections and Oral Obiections (ifannlicable)- Ifneeded, RSG will prepare written responses to any written and oral objections received at the joint public hearing. RSG assumes that responses will be reviewed and coordinated with Commission's special legal counsel. 13. If Required, As an Ontional Service, Conduct Mailin!! for Public Information Forum and Joint Public Hearin!! - If requested by the Agency, RSG will conduct mailing for the Commission on a time-and-materials basis. Cost of the mailing is outside of our fee estimate. It is estimated that the cost is $1. 70/piece for other first class mailings (public forum and public hearing). Once the exact number of pieces is determined, RSG would submit a budget for staff review and would not commence until approved. Due to the size of the mailings, RSG will request an advance of funds to cover expenses for each mailing.