HomeMy WebLinkAbout2013-032 1 RESOLUTION NO. 2013-32
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY
AND SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY OF
4 THE CITY OF SAN BERNARDINO APPROVING THE FIRST
AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES WITH
5 URBAN FUTURES, INC.
6
7 WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved
8 February 1, 2012; and
9 WHEREAS, the City of San Bernardino acting as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino ("Successor Agency") has been
10
established pursuant to the California Health and Safety Code to wind-down the affairs of the
11 dissolved Redevelopment Agency; and
12 WHEREAS, Successor Agency and Urban Futures, Inc. (the "Consultant") previously
13 entered into an Agreement for Continuing Disclosure and Consulting Services dated October 1,
14 2012 (Agreement No. 2012-254)(the "Agreement"); and
15 WHEREAS, the Agreement's scope of services included:
1. Continuing disclosure services with respect to certain of Successor Agency's bond
16
issues ($17,000 in Year 1 and $68,000 in Years 2 —5); and
17 2. Consulting services with respect to winding-down the former Redevelopment Agency
18 ($75,000 Year 1); and
19 WHEREAS, prior to October 1, 2012, Consultant provided services with respect to
20 winding-down the former Redevelopment Agency pursuant to a June 4, 2012 general services
21 consulting agreement(Agreement No. 2012-95).
WHEREAS, based on the scope and magnitude of the services requested of Consultant
22
by Successor Agency with respect to winding-down the former Redevelopment Agency,
23 Consultant will soon have utilized the $75,000-worth of financial resources allocated in the
24 Agreement for that purpose; and
25 WHEREAS, given the vagaries associated with the types of assistance that Successor
26 Agency may require from Consultant to assist with the winding-down of the former
27 Redevelopment Agency, Consultant has requested that its Redevelopment Agency wind-down
28
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2013-32
1 services be provided to Successor Agency on an as needed, on-call, time and materials basis with
2 the overall costs of such services being governed by the financial limits defined by the
3 Agreement and the First Amendment to Agreement for Continuing Disclosure and Consulting
Services (the "First Amendment"), attached hereto and incorporated herein as Exhibit"A"; and
4
WHEREAS, the Agreement included only a general description of the types of services
5 that Consultant could provide with respect to winding-down the former Redevelopment Agency;
6 and
7 WHEREAS, for clarification purposes, the proposed First Amendment includes a
8 thorough description of the scope of services, as depicted on Attachment "A" to the First
9 Amendment; and
10
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
12 AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
13 BERNARDINO AS FOLLOWS:
14 Section 1. The City Manager is hereby authorized and directed to execute the First
15 Amendment to Agreement for Continuing Disclosure and Consulting Services on behalf of the
16 Successor Agency.
Section 2. The Purchasing Manager is hereby authorized and directed to increase the
17
existing Purchase Order to Urban Futures for consulting services with respect to winding down
18 the former Redevelopment Agency by $100,000 for a total amount of $175,000 for said
19 consulting services.
20 Section 3. This authorization granted hereunder shall expire and be void and of no
21 further effect if the First Amendment is not executed by both parties and returned to the Office of
22 the City Clerk within sixty (60) days following the effective date of this Resolution.
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2013-32
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY
2 AND SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY OF
3 THE CITY OF SAN BERNARDINO APPROVING THE FIRST
AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES WITH
4 URBAN FUTURES, INC.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint rag)11ar meeting
7 thereof, held on the 4th day of February , 2013, by the following vote, to wit:
8 Council Members: Ayes Nays Abstain Absent
9 MARQUEZ x
10 JENKINS x
11 VALDIVIA x
12 SHORETT x
13 KELLEY x
14 JOHNSON _
15
MC CAMMACK x
16
17 Georgea•, Hanna, C y Clerk
18 City of San Bernardino
19 T _... !
The foregoing Resolution is hereby approved this 4 day of \.G 1_ , 2013.
20
21
'atri k J. Morris' 4, o?
22 • ,f San Bernardino
23 Approved as to form:
James F. Penman,
24 City Attorney
25 By:
El
3
-. 2013-32
Exhibit "A"
FIRST AMENDMENT TO AGREEMENT FOR CONTINUING
DISCLOSURE AND CONSULTING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR CONTINUING
DISCLOSURE AND CONSULTING SERVICES (the "First Amendment") is made as of
the 4th day of February 2013, by and between the City of San Bernardino acting as the
Successor Agency to the Redevelopment Agency of the City of San Bernardino (the
"Successor Agency"), and Urban Futures, Inc., a California corporation (the
"Consultant"). Collectively, Successor Agency and Consultant are referred to herein as
the "Parties".
WITNESSETH THAT:
WHEREAS, Successor Agency and Consultant previously entered into an
Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012
(the "Agreement"); and
WHEREAS, the Agreement's scope of services included:
1. Continuing disclosure services with respect to certain of Successor Agency's bond
issues ($17,000 in Year 1 and $68,000 in Years 2 — 5); and
2. Consulting services with respect to winding-down the former Redevelopment
Agency ($75,000 Year 1); and
WHEREAS, based on the scope and magnitude of the services requested of
Consultant by Successor Agency with respect to winding-down the former
Redevelopment Agency, Consultant will soon have utilized the $75,000-worth of
financial resources allocated in the Agreement for that purpose; and
WHEREAS, given the vagaries associated with the types of assistance that
Successor Agency may require from Consultant to assist with the winding-down of the
former Redevelopment Agency, Consultant has requested that its Redevelopment
Agency wind-down services be provided to Successor Agency on an as needed, on-
call, time and materials basis with the overall costs of such services being governed by
the financial limits defined by the Agreement and this First Amendment; and
WHEREAS, it now becomes necessary to amend said Agreement and the
Parties are desirous of such amendment.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the
Parties amend the Agreement as follows:
1. Section 1.1, General Scope Services, is amended to add supplemental
text in the Scope of Work to further describe the consulting services
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" r 2013-32
related to winding-down the former Redevelopment Agency, as described
on Attachment "A" to this First Amendment, attached hereto and
incorporated herein as Attachment "A".
2. Section 3.1, Compensation, is amended to add the following text at the
end of Section 3.1:
"With respect only to the consulting services related to winding-down the
former Redevelopment Agency, such services shall be provided on an as
needed, on-call, time and materials basis. Compensation for said
consulting services is increased from $75,000 by $100,000 for a total
amount of $175,000 consistent with the professional services rates and
expenses described on Attachment "A" to this First Amendment."
3. All other terms and conditions of the Agreement shall remain the same
and in effect.
IN WITNESS WHEREOF, the Successor Agency and Consultant have approved
this First Amendment effective the day and year first above written.
SUCCESSOR AGENCY: CONSULTANT:
City of San Bernardino acting Urban Futures, Inc., a California
as the Successor Agency to the Corporation
Redevelopment Agency of the
City of San Bernardino
By: By:
Andrea Travis-Miller Michael P. Busch, President
Acting City Manager
ATTEST:
By:
Georgeann Hanna
City Clerk
APPROVED AS TO FORM:
By: � �►^-�
mes F. Penman
ity Attorney
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2013-32
Attachment "A"
Scope of Work for Consulting Services
Related to Winding-Down the Former Redevelopment
Agency
The following scope of services includes, but is not limited to, the types of services that
Consultant may provide Successor Agency with respect to winding-down the former
redevelopment agency, as staff may request:
1. Assist and/or advise staff with respect to planning, strategies, fiscal feasibility,
funding/financing strategies, and/or program and policy development with respect
to winding-down the former redevelopment agency;
2. Participate in formal and informal planning, strategy and/or project management
discussions, negotiations and presentations with staff, clients, community officials,
local or state government agencies, and others, as requested, with respect to
winding-down the former redevelopment agency;
3. Assist and/or advise staff with respect to preparing, reviewing evaluating and/or
submission of reports, forms, spreadsheets and any other written documentation
that may be required by the Successor Agency, its Oversight Board, the California
Department of Finance, State Controller's Office, County Auditor-Controller or
other entity with respect to winding-down the former redevelopment agency
(subject matter examples include, but are not limited to, Recognized Obligation
Payment Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews,
Due Diligence Reviews (housing and non-housing), Long-Range Property
Management Plans, Meet and Confer Request Forms, Finding of Completion, Final
and Conclusive Enforceable Obligation Determination, Insufficient Funds
Notification, real property disposition procedures, etc.);
4. Assist and/or advise staff with respect to oral presentations that may be required
by the Successor Agency, its Oversight Board, the California Department of
Finance, State Controller's Office, County Auditor-Controller or other entity with
respect to winding-down the former redevelopment agency (subject matter
examples include, but are not limited to, Recognized Obligation Payment
Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due
Diligence Reviews (housing and non-housing), Long-Range Property Management
Plans, Meet and Confer Request Forms, Finding of Completion, Final and
Conclusive Enforceable Obligation Determination, Insufficient Funds Notification,
real property disposition procedures, etc.);
5. Assist and advise staff with respect to any compliance and/or implementation
related tasks and/or services that may be required by the Successor Agency, its
Oversight Board, the California Department of Finance, State Controller's Office,
-3-
2013-32
County Auditor-Controller or other entity with respect to winding-down the former
redevelopment agency (subject matter examples include, but are not limited to,
Recognized Obligation Payment Schedules, Asset Transfer Reviews, Housing
Asset Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long-
Range Property Management Plans, Meet and Confer Request Forms, Finding of
Completion, Final and Conclusive Enforceable Obligation Determination,
Insufficient Funds Notification, real property disposition procedures, etc.); and/or
6. Provide any other related service that staff may request.
Schedule of Performance
Consultant will provide professional services to Successor Agency with respect to
winding-down the former redevelopment agency on an on-call, as needed basis. As
applicable to the subject matter, a schedule of performance may be developed with
respect to certain work products and agreed to by the Parties in writing.
Professional Services Rates Schedule
Due to the vagaries associated with any "as needed and/or on call" services program,
Consultant shall carry out the "Scope of Work" with respect to winding-down the former
redevelopment agency on an actual time and materials basis with the overall costs of
such services being governed by the financial limits defined within approved purchase
orders utilizing the following professional service rate schedule:
Professional Staff Hourly Rates
CEO/President/Managing Principal $225.00
Senior Project Manager/Planner $120.00
Analyst/Manager $ 95.00
Associate Staff $ 75.00
Assistant Staff $ 65.00
Clerical $ 45.00
These rates will remain constant through December 31, 2013 and are subject to change
thereafter. Notwithstanding the foregoing, in the event that Successor Agency requires
specialized and/or supplemental expertise for which the professional title of Consultant's
staff person(s) providing such services is not listed above, then Successor Agency and
Consultant shall confirm the professional title and hourly rate for such specialized and/or
supplemental person(s) in writing.
Costs for telephone, e-mail and facsimile expenses, postage and incidental
photocopying are included within the above noted Professional Service Rates Schedule.
The Professional Service Rates Schedule does not include out-of-pocket expenses that
may be incurred during the accomplishment of the Scope of Work. Out of pocket
expenses include, but are not limited to, all other necessary materials, supplies,
-4-
2013-32
services, printing, electronic data files, out of area travel, etc. All out-of-pocket
expenses shall be charged on an actual cost basis, plus 10%.
-5-
2013-32
Exhibit "A"
FIRST AMENDMENT TO AGREEMENT FOR CONTINUING
DISCLOSURE AND CONSULTING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR CONTINUING
DISCLOSURE AND CONSULTING SERVICES (the "First Amendment") is made as of
the 4th day of February 2013, by and between the City of San Bernardino acting as the
Successor Agency to the Redevelopment Agency of the City of San Bernardino (the
"Successor Agency"), and Urban Futures, Inc., a California corporation (the
"Consultant").). Collectively, Successor Agency and Consultant are referred to herein as
the "Parties".
WITNESSETH THAT:
WHEREAS, Successor Agency and Consultant previously entered into an
Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012
(the "Agreement"); and
WHEREAS, the Agreement's scope of services included:
1. Continuing disclosure services with respect to certain of Successor Agency's bond
issues ($17,000 in Year 1 and $68,000 in Years 2 — 5); and
2. Consulting services with respect to winding-down the former Redevelopment
Agency ($75,000 Year 1); and
WHEREAS, based on the scope and magnitude of the services requested of
Consultant by Successor Agency with respect to winding-down the former
Redevelopment Agency, Consultant will soon have utilized the $75,000-worth of
financial resources allocated in the Agreement for that purpose; and
WHEREAS, given the vagaries associated with the types of assistance that
Successor Agency may require from Consultant to assist with the winding-down of the
former Redevelopment Agency, Consultant has requested that its Redevelopment
Agency wind-down services be provided to Successor Agency on an as needed, on-
call, time and materials basis with the overall costs of such services being governed by
the financial limits defined by the Agreement and this First Amendment; and
WHEREAS, it now becomes necessary to amend said Agreement and the
Parties are desirous of such amendment.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the
Parties amend the Agreement as follows:
1. Section 1.1, General Scope Services, is amended to add supplemental
text in the Scope of Work to further describe the consulting services
-1-
r
2013-32
related to winding-down the former Redevelopment Agency, as described
on Attachment "A" to this First Amendment, attached hereto and
incorporated herein as Attachment "A".
2. Section 3.1, Compensation, is amended to add the following text at the
end of Section 3.1:
"With respect only to the consulting services related to winding-down the
former Redevelopment Agency, such services shall be provided on an as
needed, on-call, time and materials basis. Compensation for said
consulting services is increased from $75,000 by $100,000 for a total
amount of $175,000 consistent with the professional services rates and
expenses described on Attachment "A" to this First Amendment."
3. All other terms and conditions of the Agreement shall remain the same
and in effect.
IN WITNESS WHEREOF, the Successor Agency and Consultant have approved
this First Amendment effective the day and year first above written.
SUCCESSOR AGENCY: CONSULTANT:
City of San Bernardino acting Urban Futures, Inc., a California
as the Successor Agency to the Corporation
Redevelopment Agency of the
City of San Bernardino
li..) /
By: .lGA IA flJ/t4 By:
Andrea Travis-Miller Mic'ael P. Busch, President
Acting City Manager
ATTEST:
By: ' ___ / a41.$2. -
Georgean anna
City Clerk
APPROVED AS TO FORM:
By: -3"'A4--vw-e
d6mes F. Penman
ity Attorney
-2-
2013-32
Attachment "A"
Scope of Work for Consulting Services
Related to Winding-Down the Former Redevelopment
Agency
The following scope of services includes, but is not limited to, the types of services that
Consultant may provide Successor Agency with respect to winding-down the former
redevelopment agency, as staff may request:
1. Assist and/or advise staff with respect to planning, strategies, fiscal feasibility,
funding/financing strategies, and/or program and policy development with respect
to winding-down the former redevelopment agency;
2. Participate in formal and informal planning, strategy and/or project management
discussions, negotiations and presentations with staff, clients, community officials,
local or state government agencies, and others, as requested, with respect to
winding-down the former redevelopment agency;
3. Assist and/or advise staff with respect to preparing, reviewing evaluating and/or
submission of reports, forms, spreadsheets and any other written documentation
that may be required by the Successor Agency, its Oversight Board, the California
Department of Finance, State Controller's Office, County Auditor-Controller or
other entity with respect to winding-down the former redevelopment agency
(subject matter examples include, but are not limited to, Recognized Obligation
Payment Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews,
Due Diligence Reviews (housing and non-housing), Long-Range Property
Management Plans, Meet and Confer Request Forms, Finding of Completion, Final
and Conclusive Enforceable Obligation Determination, Insufficient Funds
Notification, real property disposition procedures, etc.);
4. Assist and/or advise staff with respect to oral presentations that may be required
by the Successor Agency, its Oversight Board, the California Department of
Finance, State Controller's Office, County Auditor-Controller or other entity with
respect to winding-down the former redevelopment agency (subject matter
examples include, but are not limited to, Recognized Obligation Payment
Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due
Diligence Reviews (housing and non-housing), Long-Range Property Management
Plans, Meet and Confer Request Forms, Finding of Completion, Final and
Conclusive Enforceable Obligation Determination, Insufficient Funds Notification,
real property disposition procedures, etc.);
5. Assist and advise staff with respect to any compliance and/or implementation
related tasks and/or services that may be required by the Successor Agency, its
Oversight Board, the California Department of Finance, State Controller's Office,
-3-
2013-32
County Auditor-Controller or other entity with respect to winding-down the former
redevelopment agency (subject matter examples include, but are not limited to,
Recognized Obligation Payment Schedules, Asset Transfer Reviews, Housing
Asset Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long-
Range Property Management Plans, Meet and Confer Request Forms, Finding of
Completion, Final and Conclusive Enforceable Obligation Determination,
Insufficient Funds Notification, real property disposition procedures, etc.); and/or
6. Provide any other related service that staff may request.
Schedule of Performance
Consultant will provide professional services to Successor Agency with respect to
winding-down the former redevelopment agency on an on-call, as needed basis. As
applicable to the subject matter, a schedule of performance may be developed with
respect to certain work products and agreed to by the Parties in writing.
Professional Services Rates Schedule
Due to the vagaries associated with any "as needed and/or on call" services program,
Consultant shall carry out the "Scope of Work" with respect to winding-down the former
redevelopment agency on an actual time and materials basis with the overall costs of
such services being governed by the financial limits defined within approved purchase
orders utilizing the following professional service rate schedule:
Professional Staff Hourly Rates
CEO/President/Managing Principal $225.00
Senior Project Manager/Planner $120.00
Analyst/Manager $ 95.00
Associate Staff $ 75.00
Assistant Staff $ 65.00
Clerical $ 45.00
These rates will remain constant through December 31, 2013 and are subject to change
thereafter. Notwithstanding the foregoing, in the event that Successor Agency requires
specialized and/or supplemental expertise for which the professional title of Consultant's
staff person(s) providing such services is not listed above, then Successor Agency and
Consultant shall confirm the professional title and hourly rate for such specialized and/or
supplemental person(s) in writing.
Costs for telephone, e-mail and facsimile expenses, postage and incidental
photocopying are included within the above noted Professional Service Rates Schedule.
The Professional Service Rates Schedule does not include out-of-pocket expenses that
may be incurred during the accomplishment of the Scope of Work. Out of pocket
expenses include, but are not limited to, all other necessary materials, supplies,
-4-
• 2013-32
services, printing, electronic data files, out of area travel, etc. All out-of-pocket
expenses shall be charged on an actual cost basis, plus 10%.
-5-