HomeMy WebLinkAboutCDC/2011-17
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RESOLUTION NO. CDC/2011-17
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY
AND THE FRANSEN COMPANY, FOR COMMERCIALIRETAIL AND
MARKETING/SITING ADVISORY SERVICES FOR THE DOWNTOWN
CORE VISION AND ACTION PLAN AREA AND BUSINESS
RETENTIONIEXP ANSION/ATTRACTION AND JOB CREATION
PROGRAM
10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
11 public body, corporate and politic existing under the laws of the State of California, California
12 Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (the "CRL"), and
13 is charged with the mission of redeveloping blighted and underutilized land; and
14 WHEREAS, the Community Development Commission of the City of San Bernardino (the
15 "Commission") is the governing body for the Agency; and
16 WHEREAS, for more than 25 years, The Fransen Company (the "Consultant") has provided
17 retail consulting services to cities, business districts, retailers, developers, land owners, and major
18 financial institutions, by assessing complex downtown situations and creating and implementing
19 strategies and action plans; and
20 WHEREAS, the Consultant was retained by the Agency in 2008 and again in 2009 under a
21 Professional Services Agreement to continue providing assistance in identifying key issues and
22 opportunities impacting the retail performance of the City of San Bernardino's (the "City")
23 downtown (the "Downtown") and assisting with the urban planning efforts of the Downtown Core
24 Vision and Action Plan (the "Vision & Action Plan"); and
25 WHEREAS, the Consultant has met and conferred with Agency and City staff, gathered and
26 researched relevant commercial and retail data, project site surveys, and has held or participated in
27 stakeholder meetings and meetings with interested retail providers and developers, as well as other
28 interested community groups and individuals; and
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CDC/2011-17
1 WHEREAS, the Consultant, together with Agency Staff, have prepared materials, made
2 presentations and facilitated meetings with other agencies, potential developers, and other interested
3 parties, and further evaluated physical, market, competitive, merchandising, economic, demographic
4 and other issues that impact current retail results and potential future retail development and
5 opportunities; and
6 WHEREAS, the Consultant's expertise continues to be needed to analyze and compare
7 commercial/retail proposals, dining and entertainment developments, and related economic
8 development activities such as job creation, retention, and expansion, as the Agency continues to
9 move forward with the revitalization of the Downtown (especially Theater Square), the Vision &
10 Action Plan, and other areas within the City; and
11 WHEREAS, on March 10, 2011, the Redevelopment Committee of the Economic
12 Development Agency of the City of San Bernardino (the "Committee") recommended to the
13 Commission approval of Amendment No. 1 to the Agreement for Professional Services
14 (Amendment No.1), attached hereto as Exhibit "A" and incorporated herein by this reference, by
15 and between the Agency and the Consultant, to accomplish any and all tasks necessary to prepare,
16 complete and market commercial/retail and marketing/siting advisory services for the Vision &
17 Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program; and
18 WHEREAS, the Committee recommended that the Commission approve said Amendment
19 No.1 and authorize the Interim Executive Director of the Agency to execute said Amendment No.1
20 with the Consultant for an amount not to exceed $110,000.
21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
22 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
23 FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true and
25 correct.
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Section 2.
The Commission hereby approves said Amendment No.1 by and between the
27 Agency and the Consultant in the form as attached hereto as Exhibit "A," and the Commission
28 hereby authorizes the Interim Executive Director to execute said Amendment No.1 with the
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CDc/2011-17
1 Consultant on behalf of the Agency together with such technical and conforming changes as may be
2 recommended by the Interim Executive Director and approved by the Agency Counsel and the City
3 Attorney. The Interim Executive Director of the Agency or such other designated representative of
4 the Agency is further authorized to do any and all things and take any and all actions as may be
5 deemed necessary or advisable to effectuate the purposes of the Agreement, including making non-
6 substantive modifications to the Agreement.
This Resolution shall take effect from and after its date of adoption by this
7 Section 3.
8 Commission.
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CDC/2011-17
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY
AND THE FRANSEN COMPANY, FOR COMMERCIAL/RETAIL AND
MARKETING/SITING ADVISORY SERVICES FOR THE DOWNTOWN
CORE VISION AND ACTION PLAN AREA AND BUSINESS
RETENTION/EXPANSION/ATTRACTION AND JOB CREATION
PROGRAM
8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a j oint regular
10 meeting thereof, held on the
11 Commission Members:
12 MARQUEZ
13 VACANT
14 BRINKER
SHORETT
15
KELLEY
16
JOHNSON
17
MC CAMMACK
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, 2011, by the following vote to wit:
21st day of March
Aves
Navs
Abstain
Absent
---.L
x
x
x
x
x
c;iQg
secretary. - ..
21 The foregoing Resolution is hereby approved this d"/~ day of
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March
, 2011.
~
trick J. Morris, . son
Community Development Commission
of the City of San Bernardino
Approved as to Form:
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:: BY:~
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CDC/2011-17
Exhibit "A"
AMENDMENT NO.1
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
THE FRANSEN COMPANY
THIS AMENDMENT NO. 1 to the Redevelopment Agency of the City of San Bernardino
Agreement for Professional Services, The Fransen Company, (this "Amendment No.1"), is dated as
of, March 21, 2011, and is entered into by and between the Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic (the "Agency") and The Fransen Company, (the
"Consultant"), and amends certain provisions of that certain Agreement for Professional Services with
The Fransen Company, dated as of May 7, 2010 by and between the Agency and the Consultant (the
"Agreement"). The Agency and the Consultant agree as follows:
RECIT ALS
WHEREAS, the Agency and the Consultant have executed and entered into the Agreement,
and the Consultant has performed various services and tasks as required pursuant to the Agreement;
and
WHEREAS, the Consultant has performed the Scope of Services and tasks as required pursuant
to the Agreement; and
WHEREAS, the Agency desires to continue the professional services for an additional twelve
(12) months; and
WHEREAS, the Agency and the Consultant desire to amend the Agreement for Professional
Services to extend the period the professional services (as shown in Exhibit "A" attached hereto) are
needed and to provide for an increase in the contract dollar amount for said professional services.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE,
THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN THIS
AMENDMENT NO. 1 AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
AGENCY AND BY THE CONSULTANT, THE AGENCY AND THE CONSULTANT AGREE AS
FOLLOWS:
1. The Recitals of this Amendment No.1 are incorporated herein by this reference.
2. The termination date of the Agreement as set forth in attached Exhibit "A" of the
Agreement and this Amendment No.1 amends the time period of the Agreement to be
extended through and including March 2012.
3. Section 4.A of the Agreement is amended by increasing the total compensation payable by
the Agency to the Consultant from $110,000 to $220,000, representing an increase of
$110,000, as said $110,000 figure is provided in Section 4.A. of the Agreement. Section
4.A. of the Agreement is hereby amended by the insertion of the dollar figure of $220,000
to replace the dollar figure of $110,000.
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CDC/2011-17
Exhibit "A"
4. The Agreement is further amended by the substitution of the Exhibit "A" as attached to this
Amendment No. 1 to replace the Exhibit "A" as was attached to the original form of the
Agreement.
IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed this
Amendment No.1 as of the date first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
Dated:
By: NOT FOR SIGNATURE
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: NOT FOR SIGNATURE
Timothy J. Sabo, Agency Counsel
CONSULTANT
The Fransen Company
Dated:
By:
NOT FOR SIGNATURE
Name:
Title:
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CDC/2011-17
EXHIBIT" A"
SCOPE OF SERVICES
OBJECTIVE:
Consult on the overall retail situation downtown on an on-going basis and identify key strategic issues,
projects and a range of approaches to improving the environment for retail performance and development
with site specific and retailer-specific impact.
APPROACH:
. Provide retail development consulting on a series of proposed projects including: Downtown Vision
Plan efforts, Theater Square at 4th and "E" Streets, Carousel Mall, Court Street, Inland Center Mall and
others.
. Evaluate physical, market, competitive, merchandising, economic, demographic and other issues that
impact current retail results and potential future retail development in Downtown San Bernardino and
City commercial corridors.
. Review plans for commercial and retail developments and provide input.
. Conduct meetings with key retailers, developers and property owners.
. Advise City officials in negotiations and overall project issues.
. Identify key issues impacting retailer decisions regarding Downtown San Bernardino through direct
contact with key retailers.
. Conceptualize new retail opportunities in Downtown and the City, utilizing retail input directly from
stores.
. Prioritize projects and provide input and participate in project presentations to multiple audiences.
. Interface with City officials and key stakeholders to understand major opportunities and impediments to
retail attraction. May include presentation to the City Council and/or Planning Commission.
WORK PRODUCT:
Distill input and overview analysis into a series of high level retail strategic issues and potential action plans
and priorities. Present findings in executive summaries and oral reports.
TIMETABLE:
Start: March 2011
Complete: March 2012
FEES:
$110,000 professional fee for services, billed monthly at an hourly rate for:
. John Fransen:
. Ron Arslan:
. Administrative:
$285.00
$220.00
$ 60.00
Out-of-Pocket Expenses: Billed at cost and will not exceed $150 for any single expenditure item without
prior approval by the agency contract administrator ($10,000 total).
CDC/2011-17
AMENDMENT NO.1
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
THE FRANSEN COMPANY
THIS AMENDMENT NO.1 to the Redevelopment Agency of the City of San Bernardino
Agreement for Professional Services, The Fransen Company, (this "Amendment No.1"), is dated as
of, March 21, 2011, and is entered into by and between the Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic (the "Agency") and The Fransen Company, (the
"Consultant"), and amends certain provisions of that certain Agreement for Professional Services with
The Fransen Company, dated as of May 7, 2010 by and between the Agency and the Consultant (the
"Agreement"). The Agency and the Consultant agree as follows:
RECIT ALS
WHEREAS, the Agency and the Consultant have executed and entered into the Agreement,
and the Consultant has performed various services and tasks as required pursuant to the Agreement;
and
WHEREAS, the Consultant has performed the Scope of Services and tasks as required pursuant
to the Agreement; and
WHEREAS, the Agency desires to continue the professional services for an additional twelve
(12) months; and
WHEREAS, the Agency and the Consultant desire to amend the Agreement for Professional
Services to extend the period the professional services (as shown in Exhibit "A" attached hereto) are
needed and to provide for an increase in the contract dollar amount for said professional services.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE,
THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN THIS
AMENDMENT NO. 1 AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
AGENCY AND BY THE CONSULTANT, THE AGENCY AND THE CONSULTANT AGREE AS
FOLLOWS:
1. The Recitals of this Amendment No. 1 are incorporated herein by this reference.
2. The termination date of the Agreement as set forth in attached Exhibit "A" of the
Agreement and this Amendment No.1 amends the time period of the Agreement to be
extended through and including March 2012.
3. Section 4.A of the Agreement is amended by increasing the total compensation payable by
the Agency to the Consultant from $110,000 to $220,000, representing an increase of
$110,000, as said $110,000 figure is provided in Section 4.A. of the Agreement. Section
4.A. of the Agreement is hereby amended by the insertion of the dollar figure of $220,000
to replace the dollar figure of$110,000.
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to replace the dollar figure of $11 0,000.
4. The Agreement is further amended by the substitution of the Exhibit "A" as attached to this
Amendment No.1 to replace the Exhibit "A" as was attached to the original form of the
Agreement.
IN WITNESS WHEREOF, the Agency and the Consultant hereto have duly executed this
Amendment No.1 as of the date first written above.
AGENCY
Dated:
3a/J///
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
~'
By: 1f:. -' '~:.../
Emil A. Marzullo, Intenm Executive Director
Approved as to Form and Legal Content:
CONSULTANT
Dated:
:e~c~1-----
Name: 'T~L\D A. (rt;i0$t';J
Title:
c;) . ,
t v-C S. l / [<'rUt-
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C>Documents and Settings"Tammy!"Local Settings"Temporal)! Intemet Files"Content.IE5'QDB\VOQ48.03-21-11 The Fransen Company Amendment No 1 PSA.docx
CDC/2011-17
EXHIBIT "A"
SCOPE OF SERVICES
OBJECTIVE:
Consult on the overall retail situation downtown on an on-going basis and identify key strategic issues,
projects and a range of approaches to improving the environment for retail performance and development
with site specific and retailer-specific impact.
APPROACH:
. Provide retail development consulting on a series of proposed projects including: Downtown Vision
Plan efforts, Theater Square at 4th and "E" Streets, Carousel Mall, Court Street, Inland Center Mall and
others.
. Evaluate physical, market, competitive, merchandising, economic, demographic and other issues that
impact current retail results and potential future retail development in Downtown San Bernardino and
City commercial corridors.
. Review plans for commercial and retail developments and provide input.
. Conduct meetings with key retailers, developers and property owners.
. Advise City officials in negotiations and overall project issues.
. Identify key issues impacting retailer decisions regarding Downtown San Bernardino through direct
contact with key retailers.
. Conceptualize new retail opportunities in Downtown and the City, utilizing retail input directly from
stores.
. Prioritize projects and provide input and participate in project presentations to multiple audiences.
. Interface with City officials and key stakeholders to understand major opportunities and impediments to
retail attraction. May include presentation to the City Council and/or Planning Commission.
WORK PRODUCT:
Distill input and overview analysis into a series of high level retail strategic issues and potential action plans
and priorities. Present findings in executive summaries and oral reports.
TIMET ABLE:
Start: March 2011
Complete: March 2012
FEES:
$110,000 professional fee for services, billed monthly at an hourly rate for:
. John Fransen:
. Ron Arslan:
. Administrative:
$285.00
$220.00
$ 60.00
Out-of-Pocket Expenses: Billed at cost and will not exceed $150 for any single expenditure item without
prior approval by the agency contract administrator ($10,000 total).
3
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