HomeMy WebLinkAboutR32-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel,
Executive Director
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SUBJECT:
CENTRAL CITY NORTH AND
UPTOWN REDEVELOPMENT
PROJECT AREA PLAN
AMENDMENTS - EMINENT DOMAIN
DATE:
May 9,2002
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SvnoDsis of Previous Commission/Council/Committee Action(s):
On January 13, 2000, the Redevelopment Committee recommended that the Community Development Commission
authorize the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North,
Central City South, Central City East, Uptown and Meadowbrook project areas.
On January 24, 2000, the Community Development Commission vote to authorize the Executive Director to prepare
plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown
and Meadowbrook project areas.
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Recommended Motion(s):
(Communitv Development Commission)
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW SPEV ACEK GROUP INC.
TO PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH
AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT
AREAS TO REINSTATE EMINENT DOMAIN.
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Contact Person(s): Gary Van Osdel
Project Area(s) Central City North/Uptown
Phone:
663-1044
1&2
Ward(s):
Supporting Data Attached: 0" Staff Report 0" Resolution(s) 0" Agreement(s)/Contract(s) 0 Map(s) 0 Letter/Memo
FUNDING REQUIREMENTS Amount: $ 57,486
Source:
Tax Increment
Requested
SIGNATURE:
GVO:lag:06-03-02 Eminent Domain
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Central City North and Uptown Redevelopment Proiect Area Plan Amendments-
Consultant Services
BACKGROUND
To date, pursuant to the Commission's direction of January 24, 2000, the Agency has amended
the Central City South, Central City East and Meadowbrook Redevelopment Project areas to
reinstate the Agency's ability to use eminent domain and, pursuant to a subsequent Commission
action, has amended the Mt Vernon Corridor project to extend eminent domain in that project
area.
Staff has recently initiated the amendatory process for the Central City North and Uptown
projects, along with the State College project, which was authorized for amending by
Commission action on March 18th of this year. To assist staff with the amendment effort,
proposals have been solicited from consultant firms to provide the required CEQA
environmental analyses and to conduct the necessary data collection, fieldwork, document
preparation etc associated with the plan amendment process.
For each of the three project areas, the low bid to conduct the environmental analysis was
submitted by the Lilbum Corporation, a local firm, for a fee within the Executive Director's
administrative authority to approve. In the case of plan amendment consulting services for the
State College Project, the low bid was submitted by the Rosenow Spevacek Group, Inc. (RSG),
for a fee within the Executive Director's administrative authority to approve.
CURRENT ISSUE
The bids to provide plan amendment consulting services for the Uptown and Central City North
projects exceed the Executive Director's approval authority, primarily because the amendment
process in each case will require the formation of a Project Area Committee.
The low bid to provide the plan amendment consultant services for both the Uptown and Central
City North projects has, in each case, been submitted by RSG. (Central City North - $27,623
and Uptown $29,863) In the case of Central City North the second low bid came in at $76,033.
In the case of Uptown, other consultant firms failed to respond.
ENVIRONMENTAL
Not Applicable.
GVO:lag:06-03-02 Eminent Domain
COMMISSION MEETING AGENDA
Meeting Date: 06/03/2002
Agenda Item Number:
Economic Development Agency Staff Report
Re-Establislnnent of Eminent Domain CCN/UPT
May 9,2002
Page Number -2-
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FISCAL IMPACT
The combined cost of the RSG proposals to provide plan amendment consultant services for the
Central City North and Uptown projects, totals $57,486.
RECOMMENDA nONS
That t??Ommunity Development Commission adopt the attached Resolution.
4L~L
Gar~an Osdel
E~utive Director
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GVO:lag:06-03-02 Eminent Domain
COMMISSION MEETING AGENDA
Meeting Date: 06/03/2002
Agenda Item Number:
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RESOLUTIi\S7~U
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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.
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WHEREAS, the Community Development Commission of the City of San Bernardino
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(the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
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"Agency"), is a redevelopment agency, a public body of the State of California, organized and
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existing pursuant to the Community Redevelopment Law (Part I of Division 24) commencing
with Section 33000 of the Health and Safety Code of the State of California; and
WHEREAS, the Agency is considering the need to adopt redevelopment pi
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amendments in the area identified in Exhibit "A" and has need for consultant services to provid
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plan amendment consultant services in connection with amending the Central City North an
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Uptown Redevelopment Project Areas to reinstate eminent domain; and .
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WHEREAS, funds have been appropriated i~ the Agency's current budget to cover the
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cost of the necessary consultant services; and
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WHEREAS, the Rosenow, Spevacek Group, Inc., (the "Consultant") has the experience
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and expertise needed by Agency; and
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WHEREAS, the Agency and Consultant desire to enter into a Professional Services
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Agreement attached hereto as Exhibit "B" and incorporated herein by this reference (the
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"Agreement"), pursuant to which the Consultant would assist the Agency and provide a plan
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C 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:
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SECTION 1.
The Commission hereby finds and determines that the Consultant
7 assistance as described in the Agreement is necessary and required.
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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.
12 SECTION 3.
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This Resolution shall take effect upon the date of its adoption.
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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
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
Development Commission of the City of San Bernardino at a
meeting thereof, held on the
, 2002, by the following vote to wit:
day of
Commission Members:
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Abstain
Absent
Aves
Navs
Secretary
The foregoing resolution is hereby approved this
day of
,2002.
Judith Valles, Chairperson
Community Development Commission
Of the City of San Bernardino
21 Approved as to form and Legal Content:
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AGREEMENT FOR PROFESSIONAL SERVICES
PLAN AMENDMENT CONSULTANT SERVICES
CENTRAL CITY NORTWUPTOWN REDEVELOPMENT PROJECT AREAS
THIS AGREEMENT made and entered into this day of , 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 1. 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 of twelve (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 1. 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
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5.
REPLACEMENT OF NAME PERSONNEL
It has been determined that the individual(s) named in this Agreement is (are) necessary for
the successful performance ofthis 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 of the 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 00/100 Dollars ($57,486).
Consultant shall be paid in accordance with Agency's standard accounts payable system.
Invoices shall be approved by the Director or hislher 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 ofthe term of this Agreement, or any
extension thereof, or for any longer period of time as required by law.
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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.
II.
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.
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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 his/her Designee within ten (10) days ofthe effective date of this
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 ofthe 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.
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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
25.
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.
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
IIII
This Agreement with attachments constitutes the entireunderstanding and agreement of
the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
C of the day and year first above shown.
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By:
Approved as to form and
legal content:
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by:
REDEVELOPMENT AGENCY
oftbe CITY OF SAN BERNARDINO
GARY VAN OSDEL
Executive Director
CONSULTANT
By:
p:\development deptlgarylmiselagreement-professional sves rsg.doe
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CONSULTANT'S RESPONSIBILITIES
(:
ROSENOW SPEV ACEK GROUP, INC.
CENTRAL CITY NORTHIUPTOWN
REDEVELOPMENT PLAN AMENDMENT
SCOPE OF SERVICES
I. Scopine Meetine 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 ofthe 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
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4. Prepare Necessarv 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 anticipat.ed 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 maybe necessary to form
one or more Project Area Committees. If that is necessary, RSG will prepare the necessary
"PAC 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 Meetine - 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. .
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7.
Prepare Mailine List - Prepare taxing entity mailing list to be used for mailing notices
required by the CRL. If desired, RSG can assist staff in the preparation of the property
owners, businesses and residents mailing list for the community meeting and public hearing.
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Mail Taxinl!: Al!:encv 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. Prepare 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 Hearinl!: - RSG Principal or Project Manager will attend and
present information (if deemed necessary) as the joint public hearing.
11. Prepare Staff Reports and Follow-up - Ifrequired, RSG will draft staff reports needed to
proceed with the amendment and prepare follow-up correspondence as required by the CRL.
12. Prepare Written Responses to Written Obiections and Oral Obiections (if applicable) -
If needed, 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 Optional Service, Conduct Mailinl!: for Public Information Forum
and Joint Public Hearinl!: - 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.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): U - 3- tJ~ Item # 12.3:;)-
Vote: Ayes ~0l.1S;& Nays f::J Abstain
Change to motion to amend original documents:
Resolution # CDfl.-/ ~ - ~
7 Absent 3/1
Reso. # On Attachments: -==-- Contract term: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: U . s- O::;r-
Date of Mayor's Signature: b - (;-O.;J
Date of Clerk/CDC Signature: C; - ~ -0...2
Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attac e .
See Attached:
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):
c.
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distribu~ to:
City Attorney ,
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
NuIlNoid After: -
Reso. Log Updated:
Seal Impressed:
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Date Returned:
Yes 1- No By_
Yes NOf By_
Yes No By_
Yes No By_
Yes No By_
EDA~
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: 1lJ:C...-
Date: &-1-o~
Revised 0 II I 2/0 I