HomeMy WebLinkAboutR04-Economic Development Agency
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AGENDA ITEM INFORMAnON SUMMARY
GENERAL INFORMATION:
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RDA MANAGEMENT REVIEW:
CLEARANCES:
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Date
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CITY DEPARTMENTAL REVIEW:
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"FORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES:
Sent 10
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Date
Mayor's 0lI1ce
CouncIl Ward
Council Ward
CouncIl Ward
Council Ward
Department
Department
COMMENTS/CONCERNS: Include pertinent commentl Ind concernl of Offk:lllnd persons cltarlng the
IUmmlry, luch II contlOv.ralllluull, tlm. conllralntl Ind funding compllcltlonl.lndlclt. datel when
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RDA .174
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Redevelopment Agency . City of San Bernardino
300 Ncrth "0" S_~ Fourth Floor . Sill Bernardino, California 92418
(714) 384-5081 FAX (714) 888-9413
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NOVEMBER 20, 1989
CONTRACT HITH DUKES & DUKES ASSOCIATES
TO DEVELOP A LONG TERM USE, MANAGEMENT AND
IMPLEMENTATION PLAN FOR THE PUBLIC ENTERPRISE CENTER
Synopsis of Previous Commission/Council/Committee Action:
02-06-89 Approved the development of long-term plan for PEC.
02-06-89 Approved formation of a Committee/Task Force.
Recommended Motion:
(COMMUNITY DEVELOPMENT COMMISSION)
That the Commission approve execution of the attached contract with Dukes
& Dukes Associates to develop a long term use, management and implementation
plan for the Public Enterprise Center at a cost of $29,885.
Respectfully Submitted,
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[) _Obert J. 'Temple, Acting Executive Director
Supporting data attached: YES Hard: 6
FUNDING REQUIREMENTS: $29,885
Project: NH
Commission Notes:
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Agenda of: December 4, 1989
Item No.
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lease/lIcense agreements). and establIshment of a capItal
replacement reserve account. The PEC management plan wIll also
Include an analysIs of the CIty's exIstIng system for processIng
of CondItIonal Use PermIts (CUP) for buIlding tenants and
recommendations for streamlInIng the CUP process.
5. Consistent wIth the proposed long-term use polley and management
plans of the PEC. analyze the physIcal IntegrIty of the PEC and
develop a specifIc scope of work and cost estImate for Its
renovatIon. IncludIng tenant Improvements as approprIate.
6. Meet. wIth the Task Force and Agency staff as approprIate.
relatIve to the uses. management and Implementation of the
long-term use plan for the buIldIng (a mInimum of fIve
meetIngs). In addItion. meet one tJme wIth the CommunIty
Development CommissIon (the Agency's governIng board) and one
tIme wIth a subcommittee composed of three CommIssIon members.
7. Prepare Draft Report:
The followIng work products shall be produced by the consultant
and Included In the draft fInal report:
a. Executive Summary;
b. Analysis and descrIptIon of potentIal buIlding uses;
c. Physical analysis;
d. long-term use plan;
e. BuIlding management and ImplementatIon plan; and
f. Cost estImate of general repaIr to buIldIng to meet CIty
standards.
8. DelIvery of Draft Final and FInal Report:
Subsequent to receipt of Agency staff and PEC Task Force
Input on the draft report. the consultant shall provIde one
reproducIble qualIty copy of a draft fInal report (unbound)
to the Agency for revIew and comment. WIthin ten (10)
workIng days of receIpt of comments on the final draft
report. the consultant shall deliver to the Agency one
reproducIble qualIty copy of the final report (unbound)
plus all presentatIon boards. data materIals and research
materIals.
The above noted work elements must be completed wIthin ninety (90)
calendar days of receIpt of notice to proceed.
14445
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Redevelopment Agency
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S T A F F R E P 0 R T
It is recommended that the Commission approve the attached contract with Dukes
& Dukes Associates for a long term use, management and implementation plan for
the Public Enterprise Center located at 1505 W. Highland Avenue (See Exhibit
A) .
BACKGROUND
Since the closing of Operation Second Chance, there has been no clear plan for
the long term use of the Public Enterprise Center (PEC). At one time the
Agency issued an Request For Proposal for a buyer or master tenant for the
building which was aimed at finding a major educational user to operate the
building. No user was located although several expressed preliminary interest.
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Although staff has not sought users for the building, several have come
forward. Currently, the Agency has leases with the Postal Annex, The Drop-In
Center, Peoples Choice, the Northwest Project Area Committee, the CATV and the
Ll brary.
On February 6, 1989, the Commission approved the development of a long-term
use, management and renovation plan for the PEC and the formation of a
Citizens Advisory Committee/Task Force to assist in the preparation of plans.
On July 19, 1989, after much consultation with the task force, the Agency
invited fifty-one (51) consultants to submit proposals to develop a plan for
the PEC. Staff also ran ads in the local newspapers. Only one consultant,
Dukes & Dukes Associates, submitted a proposal.
On October 24, 1989 Agency staff and the Committee/Task Force interviewed
Dukes & Dukes Associates. Based upon their written proposal and the interview
process, it is recommended that the Agency contract with Dukes & Dukes
Associates to analyze the long term use of the PEC.
RECOMMENDA TI ON
The attached contract for consulting services has been signed by Dukes & Dukes
Associates and has been approved as to form and legal content by Agency
Counsel. It is therefore recommended that the Commission approve the attached
contract with Dukes & Dukes Associates to develop a long term use management
and implementation plan for the Public Enterprise Center at a cost of $29,885.
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AGIl.EBIIENT FOR raOPBSSIOHAL SBl.VICES
Agreement No.
THIS AGIl.EBIIENT made and entered into this day of ,
19 ,by and between the COtIMONITY DBVBLOPKENT C<IIMlSSION or DIE CITY or
SAif"BERNARDINO, on behalf of the REDIVELOPKENT AGENCY or rIlE CITY or
SAN BERNARDINO, a public agency, ("Agency"), and Dukes & Dukes
Associates, ("Consultant"):
IlECITAL
1. Purpose
The purpose of this Agreement is to allow Agency to procure the
service of an experienced professional firm to develop a long-term
use management and implementation plan for an Agency-owned
multi-purpose building.
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 of 90
days unless sooner terminated as provided herein. The Executive
Director of Agency or his or her designee is authorized to extend
this Agreement for up to six months and approve line item
adjustments to the Agreement's program budget as long as either of
such amendments are upon the same terms and conditions as specified
herein.
4. Consultant Responsibilities
Upon the request of Agency's Executive Director or his or 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:
John Dukes
Vivian Nash
Dave Scoles
Ron Weers
Darcel Jamerson
Doris Gooden
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5.
Ileplac_t of Hlmed PersODDe1
It has been determined that the individua1s(s) named in this
Agreement are necessary for the successful performance of this
Agreement. No diversion or replacement of these individua1s(s)
shall be made by Consultant without written consent of Agency,
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 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 Agency's Executive Director or his
or her designee.
7. Confidentiality of Ileports
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 Agency.
8.
CoIIpensation
Compensation shall be considered full and complete reimbursement for
all of 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 $29,885.00.
Consultant shall be paid in accordance with Agency's standard
accounts payable system. Invoices shall be approved by Agency's
Executive Director or his or her designee.
9. light 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 of time as required by law.
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10.
Audit Ezceptions
Consultant agrees that in the event the program established
hereunder is subjected to audit exceptions by appropriate audit
agencies, it shall be responsible for complying with such exceptions
and paying Agency the 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 represents, warrants and agrees that it does not
presently have, nor will it acquire during the term of this
Agreement, any interest direct or indirect, by contract, employment
or otherwise, or as a partner, joint venturer or shareholder (other
than as a shareholder holding a one percent (1%) or less interest in
publicly traded companies) or affiliate with any business or
business entity that has entered into any contract, subcontract or
arrangement with Agency. Upon execution of this Agreement and
during its term, as appropriate, Consultant shall upon written
request, disclose in writing to Agency any other contractual or
employment arrangement from which it receives compensation.
Consultant agrees not to accept any employment during the term of
this Agreement by any other person, business or corporation which
employment will or may likely develop a conflict of interest between
Agency's interests and the interests of third parties.
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.
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15. lDd~fieatiOD
e Consultant agreea to indemnify, defend (upon request by Agency) and
save harmless Agency, its agents, officers and employees frOlll 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.
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) ot 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 Executive Director of Agency or his
or her designee within ten (10) days of the effective date of this
Agreement.
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General Liability: A program including, but not limited to,
comprehensive general liability including autOlllobile coverage
with a cOlllbined single limit of not less than '300,000 per
occurrence. Such insurance shall be primary to and not
contributing with any other insurance maintained by Agency, and
shall name Agency as an additional insured.
Workers' Coapensation: A program including workers'
compensation insurance, where necessary, with statutory limits.
Failure on the part of Consultant to procure or maintain required
insurance shall constitute a material breach of this Agreement upon
which Agency may immediately terminate this Agreement.
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
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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.
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19.
Severability
In the event that any provision herein contained is held to be
invalid, void or illegal by any court of competent juriadiction, 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.
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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.
21. Entire Agre_ent
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
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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 leview
The ongoing assessment and monitoring of this Agreement is the
responsibility of Agency's Executive Director or his or her designee.
24. Teraination
This Agreement may be terminated by either party by giving written
notice at least five (5) 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:
To Consultant:
Dukes & Dukes Associates
1875 West Highland Avenue
San Bernardino, California 92405
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To Agency:
Executive Director
Redevelopment Agency of the City of
San Bernardino
300 North "D" Street, Fourth Floor
San Bernardino, California 92418
Nothing in this paragraph shall be construed to prevent the giving
of notice by personal service.
26. Entire Agre_ent
This Agreement with attachments constitutes the entire understanding
and agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the day and year first above shown.
COMMUNITY DEVELOPMENT CCIlIfISSION OF
THE CITY OF SAN BERNARDINO, on behalf
of the REDBVELOPMENT AGBNCY OF THE
CITY OF SAN BERNARDIBO
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By: ~~~"1:~ive ~~ctor
CONSULTANT
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Title: VI cJ-J
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Ap~ovedas tofo~and
legal content:
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Age Counsel
Approved as to program:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDIBO
By:
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Redevelopment Agency
ATTACHMENT I
Work Program
DEVELOPMENT OF LONG-TERM PLAN FOR THE USE OF THE
PUBLIC ENTERPRISE CENTER
The Redevelopment Agency of the City of San Bernardino (Agency) requires
expert consultant services to develop a long-term use, management and
renovation plan for an Agency-owned multi-purpose bulldlng known as the
PUbllc Enterprise Center (PEC). The building Is located In the Agency's
Northwest Redevelopment Project Area at 1505 West Highland Avenue
approximately 1/4 of a mile west of Interstate 215 freeway. Consisting
of 2B,OOO square feet of gross area, the bUl1dlng was originally
constructed and enlarged over ten years ago by Operation Second Chance, a
now defunct non-profit jobs training corporation, with funds provided by
the United States Department of Commerce, E~onomlc Development
Administration (EDA) on Agency-leased land. Title to the building has
now vested with the Agency. The use of the building Is restricted by a
general covenant with EDA. The Agency has formed a Public Enterprlse
Center Task Force (Task Force) of private citizens and representatives of
City officials to recommend a long-term use for the building.
The selected consultant, together with the Task Force and Agency staff,
wlll:
1. Identify and analyze all potential specific uses allowable under
the EDA general covenant. Uses considered may Include, but not
be limited to:
a. Business Incubator Program;
b. Minority Business Development;
c. Child Care Services;
d. Educational and vocational tralnlng programs;
e. Offices for community based organizations;
f. Minority Health/Community Health Promotion Programs; and
g. Senior and Handicapped Service Programs.
2. Review and analyze the current status of the building to Include
current uses, amount of common and leasable square footage,
general deslgn and layout, and current phYSical condltlon.
3. Based upon the data gathered, develop and recommend a specific
PEC long-term use policy.
4. Consistent with the proposed long-term use of the PEC, develop a
specific self-sufficient PEC managment plan which Identifies the
responsible entity for building management, outlines financial
standards for space rental rates, common area maintenance,
security and utility payments (Including recommended standard