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HomeMy WebLinkAboutCDC/2008-28 RESOLUTION NO. cDc/2008-28 2 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH LOUIS SCHNEPP, DAKOTA MANAGEMENT COMPANY, INC., AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR PROFESSIONAL REAL ESTATE CONSULTANT SERVICES 3 4 6 7 WHEREAS, the Community Development Commission of the City of San Bernardin Section 1. The Commission hereby approves and authorizes execution thereof, of 8 ("Commission") desires to enter into a real estate consultant agreement ("Agreement") wi 9 Louis Schnepp, Dakota Management Company, Inc., which will provide professional real estat 10 consulting services to the City of San Bernardino Economic Development Agency ("Agency"). 11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH 12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, A 13 FOLLOWS: 14 15 16 Agreement with Louis Schnepp, Dakota Management Company, Inc., to provide profession 17 real estate consulting services for the Agency, as attached hereto. 18 Section 2. 19 II 20 II 21 II 22 II 23 II 24 II 25 II This Resolution shall take effect upon the date of its adoption. I P:\Agendas\ResolutiooslllcsolutiOlUl\2008\08-04-08 Real Estate Consultant. L. Schnepp CDC Reso.doc RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AGREEMENT WITH LOUIS SCHNEPP, DAKOTA MANAGEMENT COMPANY, INC., AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR PROFESSIONAL REAL ESTATE CONSULTANT SERVICES 1 2 3 4 5 CDC/2008-28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 Community Development Commission of the City of San Bernardino at a j oint regular meeting thereof, held on the 4 th 8 Commission Members: 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY JOHNSON 14 MC CAMMACK 15 16 17 day of August , 2008, by the following vote to wit: Aves x Navs Abstain Absent x -.L x x x x ~ftP Secretary 18 The foregoing resolution is hereby approved this 4?T1I day of August 19 20 21 22 Approved as to form an 23 24 By: 25 ,2008. trick J Morris, Chairp C 'ty Development Commission of the City of San Bernardino 2 P:\AgeDdu\Resolutions\Retolutiou\2008\0S-04-081lelU &tate Consultant - L. Schnepp CDC Reso_doc CDC/2008-28 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services is made and entered into on this 4th day of August, 2008, by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (hereinafter referred to as "Agency") and Louis Schnepp, Dakota Management Company, Inc., (hereinafter referred to as "Consultant"). WITNESSETII WHEREAS, the Consultant has over forty (40) years of experience in real property transactions, including real property acquisitions and disposition, appraisals, relocations, management and other related real property service activities for public entities. In addition, the Consultant has various real property certificates and licenses, which augment the Consultant's work experience as an expert in the field of real property transactions; and WHEREAS, the Agency and the Consultant desire to enter into an Agreement to utilize the Consultant's services for real property transaction and management services as described in Exhibit "A" (the "Scope of Services") attached hereto and incorporated herein by reference. Consultant accepts responsibilities as described herein. NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree to enter into the Agreement as follows: 1. TERMS. (a) This Agreement shall commence as of the day and year first above and shall remain in full force and effect until such time as either party provides a written thirty (30) day termination notice, and shall be subject to appropriate funding within the Agency's annual budget. (b) The Consultant shall perform work as requested and as needed by the Agency and promptly provide the finished product to the Agency. 2. CONSULTANT RESPONSffiILITIES. Upon the request of the Agency, the Consultant shall perform each element as needed of the work described in the Scope of Services, Exhibit "A", and any other agreed upon real property transaction services as may be required by the Agency. Consultant commits the principal personnel listed below to the Scope of Services for the duration of this Agreement: Consultant: Louis Schnepp 3. AGENCY RESPONSIBILITIES. The Agency shall provide all supplies and materials necessary to accomplish the work in the Scope of Services, Exhibit "A". Agency shall provide, in a reasonable timely fashion, the Consultant with any documentation, records, reports, statistics or other data or information pertinent to the Scope of Services, which are reasonably available to the Agency, and necessary to complete assignments. I P:\AsendU\A8eDda Attllclunents\Ap1nt5-Amend 2008'D8..()4..()8 Professional Services Asreement. COlIIUItant L. Sdmepp.doc CDC/2008-28 4. CONFIDENTIALITY OF REPORTS. The Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Agency's Executive Director or designee. 5. COMPENSATION. The maximum compensation for Consultant's services, including Consultant's costs and expenses, shall not exceed forty-three dollars ($43.00) per hour. Reimbursement for travel, including travel mileage at the current Internal Revenue Service rate, shall be pre-approved by the Executive Director, in writing on a case-by-case basis, and shall be submitted for reimbursement with the Consultant's monthly invoice as supported by documentation in accordance with the Agency's policies and procedures. During the term of this Agreement, the Agency shall pay the Consultant on a monthly basis upon receipt of an itemized invoice from Consultant, normally within two (2) weeks of receipt of said invoice. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. 6. USE OF FUNDS. The funds paid to the Consultant shall be used solely for the purpose as set forth in this Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. 7. NONDISCRIMINATION: PERFORMANCE. MONITORING AND REPORTING WORK The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. At the request of the Executive Director, or designee, the Consultant shall provide reports or other work products as required, no later than on agreed upon dates of completion. Failure to provide such work products may prevent payment of the Consultant's requests for compensation, and may justify the temporary withholding as provided herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the Executive Director or designee that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the Agency. 8. CONFLICT OF INTEREST. The Consultant shall maintain a code or standard of conduct. Consultant shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the Consultant. 2 P:\AgeDdu\Asenda Altac:hmentl\Agrmts-Amend 2008\08.04-08 Profcuional Services AgRement. Consultant L. Sclmepp.doc CDC/2008_28 9. INDEPENDENT CONTRACTOR. The 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 the Consultant and the Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the Agency and the Consultant. 10. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the 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 the Agency. 11. INDEMNIFICATION. Consultant agrees to indemnify, defend and hold harmless the Agency and the City of San Bemardino ("City"), its agents, officers and employees from and against 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 out of this contract from Consultant's negligence, errors or omissions connected with the services performed by or on behalf of the Consultant pursuant to this Agreement. The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on behalf of the Agency shall be considered as "legal fees" for the purpose of this Section. 12. 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. 13. 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 of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 14. 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. 15. 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 the Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 3 P:\Asendas\AseJ1da Anacbmentl\Agrmts-Amend 2008\08.04.08 Professional Services Agreement - Consultant L. Schnepp.doc CDC/2008-28 16. 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 of any other provision hereof. 17. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Executive Director or designee. 18. TERMINATION. This Agreement may be terminated for the convenience of either party by giving written notice of at least thirty (30) days. 19. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To Consultant: Louis Schnepp Dakota Management Company, Inc. DBA: Dakota Enterprises 198 N. Arrowhead Avenue San Bernardino, California 92408 (909) 381-3632 To Agency: Executive Director Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 (909) 663-1044 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 20. ENTIRE AGREEMENT. This Agreement with Exhibit "A" constitutes the entire understanding and agreement of the parties. III III III 4 P:\Apndas\Asenda Attacbmentl\Agnnts-Amend 2008\08.04-08 Pwlaaiona1 Services Agreement. ConIultant L. Sdlncpp.doc CDC/2008-28 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: S' - {l-Do Approved as to Form and Legal Content: By \.I,11i~ Agenc S CONSULTANT Dated: f~"Ar Dakota Management Company, Inc. By~~r LoUIS Schnepp 5 P:\Agendu\Agenda AttIcbments\AgrmtJ-Amend 2008\0&-04-08 Professional Services Asrccmem. Consultant L. Sclmepp.doc CDC/2008-28 Exhibit " A" Scope of Services Dakota Management Company, Inc. DBA: Dakota Enterprises 198 North Arrowhead Avenue San Bernardino, California 92408 CDC/2008-28 Louis Schnepp Scope of Service: · provide fair market value appraisals and appraisal reviews · facilitate real property and right-of-way acquisitions in accordance with law · facilitate real property dispositions in accordance with law · negotiate with property owners · open escrows and follow to closing · order, examine and advise on title reports and documents · clear property title when necessary · administer relocation assistance applicable under Public Law 91-646 · manage Agency owned real estate assets, including leasing and contracting for maintenance/repairs and overseeing other obligations of ownership · issuing Request for Proposals for the disposition of, and exposing for sale the surplus Agency owned real estate · any other real estate transaction as required Experience: · forty (40) years of required experience in public real estate transactions · Associates of Arts Degree in Business Management · College certificate in Real Estate and Escrow · California State Certified General Appraiser's License · Advanced Appraiser's Certificate from the State Board of Equalization · Senior National Association of Review Appraisers · Senior Designation from the American Society of Appraisers · Senior Designation with the International Right-of-Way Association