HomeMy WebLinkAboutCDC/2009-41
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(NOTE: COMPANION RESOLUTION CDC/2009-42)
RESOLUTION NO. CDC/2009-41
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 A
CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., TO PROVIDE
CONSULTANT SERVICES IN CONNECTION WITH MERGING CERTAIN
REDEVELOPMENT PROJECT AREAS AND PLAN AMENDMENTS
(CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL PARK, TRI-CITY,
SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY
SOUTH AND CENTRAL CITY EAST REDEVELOPMENT PROJECT
AREAS)
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 33000, et seq. (the "CRL"), and is
13 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, the CRL Sections 33485 through and including 33489 deals with the merger of
17 project areas; and
18 WHEREAS, the CRL Sections 33450 through and including 33458 deals with amending
19 redevelopment project area plans; and
20 WHEREAS, on May 5, 2009, the Agency issued a Request for Proposal (the "RFP") for the
21 preparation of all necessary documentation for the merger and plan amendments of certain
22 redevelopment project area plans; and
23 WHEREAS, on June 8, 2009, the Agency received two (2) proposals in response to the RFP
24 issued by the Agency; and
25 WHEREAS, on July 9, 2009, the Redevelopment Committee of the City of San Bernardino
26 (the "Redevelopment Committee") recommended to the Commission approval of a contract for
27 professional services (the "Contract"), attached hereto, by and between the Agency and Rosenow
28 Spevacek Group, Inc. (the "Consultant"), to accomplish any and all tasks necessary to complete the
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CDc/2009-41
1 merger of certain redevelopment project areas (Central City North, Southeast Industrial Park, Tri-
2 City, South Valle, Meadowbrook/Central City, Central City South and Central City East) and
3 redevelopment plan amendments for certain redevelopment project areas (Central City North,
4 Southeast Industrial Park, Tri-City, Meadowbrook/Central City, Central City South and Central City
5 East); and
6 WHEREAS, the Redevelopment Committee recommended that the Commission approve
7 this Contract and authorize the Interim Executive Director of the Agency to execute said Contract.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
9 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Commission hereby approves the Contract and hereby authorizes the
11 Interim Execute Director of the Agency to execute the Contract with the Consultant on behalf of the
12 Agency, together with any technical and conforming changes as may be recommended by the
13 Interim Executive Director of the Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
15 Commission.
16 III
17 III
18 III
19 III
20 III
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24 III
25 III
26 III
27 III
28 III
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CDC/2009-41
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 A
CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., TO PROVIDE
CONSULTANT SERVICES IN CONNECTION WITH MERGING CERTAIN
REDEVELOPMENT PROJECT AREAS AND PLAN AMENDMENTS
(CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL PARK, TRI-CITY,
SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY
SOUTH AND CENTRAL CITY EAST REDEVELOPMENT PROJECT
AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular
meeting
day of Augus t
,2009, by lbe following vote to wit:
Ayes
Abstain
Absent
Nays
x
x
--"--.
x
x
x
x
<2i ~~
Secr€rary.-
22 The foregoing Resolution is hereby approved this 6th day of August
,2009.
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26 Approved as to Form:
atrick Morris, Chal son
Co unity Development Commission
of the City of San Bernardino
27 By:( /AdtdL
28 Agency C~el
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CDC/2009-41
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
CONTRACT FOR PROFESSIONAL SERVICES
EAST PROJECT AREAS MERGER AND PLAN AMENDMENTS
ROSENOW SPEV ACEK GROUP, INC.
This CONTRACT FOR PROFESSIONAL SERVICES (the "Contract") is made and entered
into as of August 3, 2009, by and between the Redevelopment Agency of the City of San Bernardino
(the "Agency"), a public body, corporate and politic, and Rosenow Spevacek Group, Inc., (the
"Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be
responsible for the direction of any work to be performed by the Consultant and any other
consultants or subconsultants to the Agency under this Contract. The Consultant shall not
undertake any work under the terms of this Contract, unless instructed to do so by one of the
designated staff members. No other staff member is authorized by the Agency to request
services from the Consultant.
2. TERM OF CONTRACT. The term of this Contract shall commence on the date first appearing
in this Contract and will terminate upon the completion of the services described in the Scope
of Services as referenced in Section 4, unless earlier terminated as provided in this Contract.
The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Contract at anytime either with or without cause and at the sole convenience of
the Agency upon delivery of notice of termination to the Consultant; provided, however, that
upon the effective date of any such termination, the Agency shall be responsible to pay and/or
reimburse the Consultant for all services, materials and supplies as may have been furnished to
the Agency in accordance with the Scope of Services as referenced in Section 4.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto
as Exhibit "B" and incorporated herein by this reference. The Consultant hereby agrees to
perform the work set forth in the Scope of Services, in accordance with the terms of this
Contract. The Consultant shall perform the services as set forth on said Scope of Services
within the time periods to be identified by the appropriate Agency representative.
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed One
Hundred Ninety-Three Thousand Nine Hundred Ninety Dollars ($193,990) for
completion of the services described in the Scope of Services set forth in Exhibit "B."
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B. The compensation designated in subsection 4. A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set
forth in the Scope of Services. The Total Fee shall include, but not be limited to, the
salaries of all subcontractors retained by the Consultant and all employees of the
Consultant to perform work pursuant to this Contract and shall be inclusive of all costs
and expenses incurred for mileage, travel, graphics, telephone, printing, fax
transmission, postage, copies and such other expenses related to completion of the work
set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Contract each calendar month during the term of this Contract.
D. The Consultant shall submit invoices under this Contract to:
Redevelopment Agency of the City of San Bernardino
Attention: Mike Trout, Project Manager
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which
the invoice is issued. Each invoice ofthe Consultant shall clearly set forth the names of
the individual personnel of the Consultant and any individual subconsultants utilized by
the Consultant, during the time period covered by the invoice, a description of the
professional services rendered on a daily basis by each named individual during such
time period, the respective hourly rates of each named individual and the actual time
expended by each named individual. Each invoice of the Consultant shall be
accompanied by copies of all third party invoices for other direct costs incurred and
paid by the Consultant during such time period. The Agency shall pay all amounts set
forth on the invoices of the Consultant and approved by the authorized Agency Staff
personnel who requested the services, within thirty (30) days after suqh approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other
records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an
audit for a period of five (5) years from the date of expiration or termination of this Contract or
for a longer period, as required by law. Such records shall be available to the Agency and to
appropriate county, state or federal agencies and officials for inspection during the regular
business hours of the Consultant. If the Consultant does not maintain regular business hours,
then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Contract or funds paid to the Consultant by the Agency
under this Contract, such records shall be retained by the Consultant until all such litigation or
audit has been resolved.
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6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency,
its officers, employees, representatives, and agents from and against any and all actions, suits,
proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys
fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of
the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or
related to negligent performance by the Consultant of the work required under this Contract.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "c" to this
Contract, throughout the term of this Contract. The Consultant shall remain liable to the
Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable
insurance for all losses and damages incurred by the Agency that are caused directly or
indirectly through the actions or inactions, willful misconduct or negligence of the Consultant
in the performance of the duties incurred by the Consultant pursuant to this Contract.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents generated by or on behalf of the Consultant for
performance of the work (collectively, the "Work Products") set forth in the Scope of Services
shall upon payment for those services embodying the particular element of the Work Products,
become the sole property of the Agency, and the Work Products shall thereafter be delivered to
the Agency upon written request from the Agency to the Consultant. The Consultant shall not
make use of any maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents and other materials whether for marketing
purposes or for use with other clients when such have become the property of the Agency
without the prior express written consent of the Agency except to the extent that such maps,
photographs, data, information, reports, drawings, specifications, computations, notes,
renderings, designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents are readily available to the general public as public records
pursuant to State law; provided, however, that the Consultant may retain copies of any such
items for their business records.
The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably
required in order for the Agency to establish unequivocal ownership of the maps, photographs,
data, information, reports, drawings, specifications, computations, notes, renderings, designs,
inventions, photographs, modifications, adoptions, utilizations, correspondence or other
documents and record, register and procure an issuance in or to the Agency's rights, title and/or
interest. Any reuse without written verification or adaptation by the Consultant for the specific
purpose intended will be at the Agency's sole risk and without liability or legal exposure to the
Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public announcements,
or confirmation of the same related to the work to be performed by the Consultant under this
Contract shall only be made by the Consultant with the prior written consent of the Agency.
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10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep
confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency
designates confidential. None of such designated confidential materials or information may be
made available to any person or entity, public or private, without the prior written consent of
the Agency.
11. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Contract to perform any material term or provision
of this Contract shall constitute a default under this Contract; provided, however, that if
the party who is otherwise claimed to be in default by the other party commences to
cure, correct or remedy the alleged default within seven (7) calendar days after receipt
of written notice specifying such default and shall diligently complete such cure,
correction or remedy, such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default;
provided, however, the injured party shall have no right to exercise any remedy for a
default hereunder without delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly declared
to be exclusive in this Contract, the rights and remedies of the parties under this
Contract are cumulative and the exercise by any party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
D. In the event that a default of any party to this Contract may remain; uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach"
shall be deemed to have occurred. In the event of a breach, the injured party shall be
entitled to seek any appropriate remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Contract may be terminated by either party for any reason by giving the other party
fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant
for all work authorized by the Agency and completed, prior to the effective termination
date.
B. In the event of a termination of this Contract under this Section 12, the Consultant shall
provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Contract to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
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13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person
or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below.
Notice presented by United States Mail shall be deemed effective on the third business day
following the deposit of such Notice with the United States Postal Service. This Section 13
shall not prevent the parties hereto from giving notice by personal service or telephonically
verified fax transmission, which shall be deemed effective upon actual receipt of such personal
service or telephonic verification. Either party may change their address for receipt of written
notice by notifying the other party in writing of a new address for delivering notice to such
party.
CONSULTANT: Rosenow Spevacek Group, Inc.
Attention: Felise Acosta, Principal
309 West 4th Street
Santa Ana, California 92701-4502
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401-1507
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal
laws, including, but not limited to, enviromnental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Contract. The Consultant shall maintain all
necessary licenses, including a City of San Bernardino Business License, and registrations for
the lawful performance of the work required of the Consultant under this Contract.
15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the
basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Contract. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employte or applicant for
employment because of race, color, religion, sex, marital status of national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading and promotion. In addition, the Consultant shall not
exelude from participation under this Contract any employee or applicant for employment on
the basis of age, handicap or religion in compliance with State and Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS.
The Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of the Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors to perform any
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item of work described in the Scope of Services. The Consultant is entirely responsible for the
immediate payment of all subcontractor liens.
17. SEVERABILITY. Each and every section of this Contract shall be construed as a separate and
independent covenant and agreement. If any term or provision of this Contract or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Contract, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Contract shall be valid and enforceable to the fullest extent
permitted by law.
18. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties.
This Contract supersedes all prior negotiation, discussions and agreements between the parties
concerning the subject matters covered herein. The parties intend this Contract to be the final
expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Contract may only be modified or amended by
written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution.
20. GOVERNING LAW. This Contract shall be governed by the laws of the State of California.
Any legal action arising from or related to this Contract shall be brought in the Superior Court
of the State of California in and for the County of San Bernardino.
21. NON-WAIVER. Failure of either party to enforce any provision of this Contract shall not
constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Contract.
22. ASSIGNMENT. This Contract may not be assigned by the Consultant without the prior
written consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING CONTRACT. The persons executing
this Contract warrant that they are duly authorized to execute this Contract on behalf of and
biI'ld the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Contract may be executed in one (I) or more
counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF CONTRACT AS TO THE AGENCY. This Contract shall not be
binding on the Agency until signed by an authorized representative of the Consultant, approved
by the Agency and executed by the Interim Executive Director or his designee.
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26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse
to the Agency or the City at the time of execution of this Contract except as previously
disclosed to the Agency Staff and in~icular with respect to other w~eing performed by
the Consultant for the (i) If;' , and (ii) Ar'"
. The Consultant hereby agrees that, during the term of this Contract, the Consultant
shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency
or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the
Consultant and any partnerships, individual persons or any other party or parties comprising the
Consultant, together with each subcontractor who may hereafter be designated to perform
services pursuant to this Contract, do not have and, during the term of this Contract, shall not
acquire any property ownership interest, business interests, professional employment
relationships, contractual relationships of any nature or any other financial arrangements
relating to the Agency, property over which the Agency has jurisdiction or any members or
staff of the Agency that have not been previously disclosed in writing to the Agency, and that
any such property ownership interests, business interests, professional employment
relationships, contractual relationships or any nature or any other financial arrangements will
not adversely affect the ability of the Consultant to perform the services to the Agency as set
forth in this Contract.
27. NON-EXCLUSIVITY. This Contract shall not create an exclusive relationship between the
Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related
services. The Agency may, during the term of this Contract, contract with other consultants for
the performance of the same, similar or related services as those that may be performed by the
Consultant under this Contract. The Agency reserves the discretion and the right to determine
the amount of services to be performed by the Consultant for the Agency under this Contract,
including not requesting any services at all. This Contract only sets forth the terms upon which
any such services will be provided to the Agency by the Consultant, if such services are
requested by the Agency, as set forth in this Contract.
28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and
Consultant agree that except as otherwise provided in this Section 28, in no :event will either be
liable to the other under this Contract for any damages including but not limited to, special
damages, loss of revenue, loss of profit, operating costs or business interruption losses,
regardless of cause, including breach of contract, negligence, strict liability or otherwise. The
limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault,
breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their
employees or subconsultants.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
date indicated next to the authorized signatures of the officers of each of them as appear below.
D.", ~ /1 P9
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic
~&ii?
By: ?C~
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:\/~~1-
Agency s
Dated:
l?) 1 t cy
CONSULTANT
Rosenow Spevacek Group, Inc.
B{~ ~o/) ~
Felise Acosta, Principal
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Emil A. Marzullo, Interim Executive Director
Don Gee, Deputy Director
Mike Trout, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
The Consultant will prepare and monitor a Project Area Merger/Plan Amendments Schedule for the
completion of the necessary tasks to complete the merger of the Project Areas and amendment of the
various Redevelopment Project Areas Plans, as outlined below (the "Merger/Plan Amendment
Project"):
1. Amend the Central City North Redevelopment Plan to: extend Eminent Domain authority
on all parcels excluding those parcels that are used for residential purposes whether or not
zoned for residential purposes; and a ten (10) year extension to the expiration date of the
Project Area.
2. Amend the Southeast Industrial Park Redevelopment Plan to: reinstate Eminent Domain
authority on all parcels excluding those parcels that are used for residential purposes
whether or not zoned for residential purposes; and increase the Tax Increment and Bond
Cap.
3. Amend the Tri-City Redevelopment Plan to: reinstate Eminent Domain authority on all
parcels excluding those parcels that are used for residential purposes whether or not zoned
for residential purposes; and increase the Tax Increment and Bond Cap.
4. Amend the Meadowbrook/Central City Redevelopment to: reinstate Eminent Domain
authority on all parcels excluding those parcels that are used for residential purposes
whether or not zoned for residential purposes; and a ten (10) years extension to the
expiration date of the Project Area.
5. Amend the Central City East Redevelopment Plan to: reinstate Eminent Domain authority
on all parcels excluding those parcels that are used for residential purposes whether or not
zoned for residential purposes.
6. Amend the Central City South Redevelopment Plan to: reinstate Eminent Domain authority
on all parcels excluding those parcels that are used for residential purposes whether or not
zoned for residential purposes.
7. . Merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City East and Central City South Redevelopment
Project Areas for financial purposes. Additionally, produce a Merged, Amended and
Restated Redevelopment Plan covering all Project Areas to include capital improvement
projects planned for the Project Areas.
Further, the Consultant will coordinate its work efforts with Agency Staff, Agency Counsel (Lewis
Brisbois Bisgaard and Smith) City/Development Services and the Agency's CEQA consultant for the
Merger/Plan Amendment Project. All merger and redevelopment plan amendment development and
adoption processes will be consistent with the guidelines established in the CRL, Health and Safety
Code, Section 33000, et ~
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Additionally, the Consultant will also assist:
. The Agency's Counsel with the preparation of responses to written objections to the
Merger/Plan Amendment Project, if any written objections are received;
. The Agency Counsel and Agency Staff with the preparation of the amendments, resolutions
and ordinances required for the Merger/Plan Amendment Project;
. The Agency's EIR Consultant with the preparation of all necessary CEQA documents.
. Agency Staff in formulating procedures for the formation of a Project Area Committee (the
"PAC") and elections, as necessary.
Also, the Consultant will prepare and provide to the Agency blight survey studies, financial forecasts
and tax increment projections for Merger/Plan Amendment Project.
In addition to the completion of all tasks necessary for the adoption of the various Plan amendments
and merger of the Project Areas, the Consultant will be required to attend at least fourteen (14)
meetings during Merger/Plan Amendment Project process. These meetings include:
. Initial kick-off meeting with Agency staff and the Agency EIR consultant;
. Presentations and participation at public meetings and the public hearings required by the
CRL;
. Meetings with affected taxing agencies, upon request by Agency Staff;
. Meetings with Agency Staff/City staff, Agency Counsel and other consultants to discuss
technical information and work products, review documents and obtain input;
. Community Workshops at which the Merger/Plan Amendments Project will be presented to
the community; and
. Meetings for the election/formation of PAC, as necessary.
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CDC/2009-41
EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or companies
authorized to do business in the State of California and that maintain during the term of the policy a
"General Policyholders Rating" of at least A (v), as set forth in the then most current edition of "Bests
Insurance Guide," as follows:
(1) Comprehensive General Liability Insurance. The Consultant shall maintain
comprehensive general liability insurance of not less than Two Million Dollars
($2,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000.00) combined single limit per occurrence for each
vehicle leased or owned by the Consultant or its subcontractors and used in
performing work under this Contract.
(3) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance
with California workers' compensation laws for all workers under the
Consultant's and/or subcontractor's employment performing work under this
Contract.
(4) Errors and Omissions Coverage. The Consultant shall maintain an insurance
policy covering liability for errors and omissions of the Consultant in
performing the Scope of Services of this Contract in an amount of not less than
One Million Dollars ($1,000,000.00).
Concurrent with the execution of this Contract and prior to the commencement of any work by
the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing
the existence of the insurance coverage required herein, which coverage shall remain in full force and
effect continuously throughout the term of this Contract. Each policy of insurance that Consultant
purchases in satisfaction of the insurance requirements of this Contract shall name the Agency as an
additional insured and shall provide that the policy may not be cancelled, terminated or modified,
except upon thirty (30) days prior written notice to the Agency.
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