Loading...
HomeMy WebLinkAboutR31- Economic Development Agency ECONOMIC YDEVELOPMENT AIOAGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Samuel IC Hughes - Professional Services Interim Executive Director Agreement to provide consulting services for the Neighborhood Stabilization Program DATE: August 18,2009 ------------------------------------------------ Synopsis of Previous Commission/Council/Committce Action(s): On August 6,2009, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. ----------------------------------------------------- ------- Recommended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino, California, approving a Professional Services Agreement with Samuel K. Hughes and authorizing execution thereof, providing for professional asset management and program development consultant services on behalf of the Neighborhood Stabilization Program Contact Person(s): Carey K.Jenkins Phone: (909)663-1044 Project Area(s): N/A Ward(s): All Supporting Data Attached: 0 Staff Report®Resolution(s)0 Agreement(s)/Contract(s) ❑Map(s) ❑Letter(s) Funding Requirements: Amount: $ 96,000 Source: Federal Neighborhood Stabilization Program Budget Authority: N/A Signature: Fiscal Review. Emil A. xecutive Director Rus eJ us m A ive Services Director Commission/Council Notes: PdAgendu\Conon De Commission\CDC 2009\09-08-09 Samuel K.Hughw-PmPowieW Sewws Ag mnt SRdo COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 Agenda Item Number: 1231 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT SAMUEL K.HUGHES - PROFESSIONAL SERVICES AGREEMENT TO PROVIDE CONSULTING SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM BACKGROUND: On November 17, 2008, both the Mayor and Common Council of the City of San Bernardino ("Council") and the Community Development Commission of the City of San Bernardino ("Commission") adopted the Economic Development Agency's ("Agency") Response to the Housing and Economic Recovery Act of 2008 Neighborhood Stabilization Program ("NSP"). The Agency's response consisted of four major programmatic activities including down payment assistance, rental housing opportunities for households at or below 50% of Area Median Income ("AMI"), acquisition-demolition, and acquisition, rehabilitation and resale of single-family properties. It also contained funds for an administrative line item for up to 10% of the NSP grant award. As part of a formula award based upon pre-determined 14UD parameters, including the overall number and percentage of homes in foreclosure, the number and percentage of homes financed by subprime mortgages and the projected 18-month foreclosure and abandonment risk, the City received $8.4 million to respond to the foreclosure crisis. On July 14, 2009, the Agency applied for an additional $9 million to Rather the stabilization efforts mentioned above under the American Reinvestment and Recovery Act of 2009 ("ARRA") Neighborhood Stabilization Program 2 (NSP2). Since that time, Agency Staff has been working to further develop the individual program components, procure the necessary services and identify the appropriate personnel to manage the multi-year NSP award. As a result of a recruitment effort to identify an Asset Manager to assist with NSP activities, several candidates were interviewed on January 29, 2009. The interview panel consisted of the Executive Director of a local non-profit housing developer, the Director of Housing for the City of Ontario and the City Planner for the City of San Bernardino. Based on a review of each candidate's application, background and a qualitative assessment of their answers to a series of interview questions, Mr. Hughes was selected to serve as the Agency's Asset Manager for all NSP activities. CURRENT ISSUE: Mr. Hughes's initial tenure with the Agency started approximately three months ago when a purchase order for his services was executed on an interim basis as the result of an immediate need to procure a qualified individual with extensive private sector real estate experience and construction management background who could continue to make progress on the Agency's NSP agenda. To this point, Mr. Hughes has been temporarily retained under the Agency's purchase order authority to assist with the implementation of the Agency's NSP housing initiatives including preparing the Agency's NSP2 application and working with Agency Staff and others on setting up the structure by which the program will operate. Much of this is in anticipation of launching the Agency's highly anticipated acquisition, rehabilitation, and resale program targeted to single-family home ownership. -------------- P Ugendas\Couun D"Commission\CDC 2M\0949-09 Samuel K Hughes-Professional Services Aguemeet SR.due COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 Agenda Item Number: a 31 Economic Development Agency Staff Report Professional Services Agreement—Samuel K Hughes Page 2 Having worked as a broker/owner of a private real estate company, Mr. Hughes has developed or advised on the development of numerous affordable and market rate housing rehabilitation projects. Additionally, as a former project manager for a non-profit affordable housing developer, Mr. Hughes brings a wealth of information, knowledge and experience concerning community-based housing development to the Agency. Mr. Hughes' business background, as well as being a certified construction manager, coupled with his 14 years experience in the real estate field helps to provide the Agency with the capacity necessary to administer several aspects of the NSP. Mr. Hughes has a Bachelor of Arts degree from UCLA and has completed the Certificate Program in Real Estate Finance and Development at the Lusk Center for Real Estate at USC. He also holds a Certificate in Construction Management from Cal Poly Pomona. At this time, it has been determined the Agency should continue to utilize the professional consulting services of Mr. Hughes for the Agency's NSP and other affordable housing transactions through a formally approved agreement Compensation will consist of a fee equal to $48.00 per hour. Under this compensation rate, the Agency would save approximately $6.81 per hour over a full-time Agency Staff employee given the additional benefits package that would otherwise be required. Presently, a project manager with an equivalent hourly salary would cost the Agency $54.81 per hour when fringe benefits are included or approximately $114,000 per year, based on a full-time equivalent position of 2,080 hours. In addition, the Agency would have greater flexibility with respect to Mr. Hughes's employment that would not otherwise be afforded the Agency if it were to offer a permanent staff position. If approved, the proposed agreement would be subject to termination by either party with a 30-day notice, and would be subject to funding through the Agency's annual budget adoption process. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: The annual compensation of$96,000, based on 2,000 hours of service provided, would be paid through the administrative budget of the City's NSP. Therefore, there is no net cost to the Agency or the City's General Fund. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Mamullo, Interim Executive Director PAA,nd.AComm 2�09-0 S 1K.Hughes-e &.i.� Services Ag .ffl SRA. COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 Agenda Item Number: k3l 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 3 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A 4 PROFESSIONAL SERVICES AGREEMENT WITH SAMUEL IC HUGHES AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR 5 PROFESSIONAL ASSET MANAGEMENT AND PROGRAM DEVELOPMENT CONSULTANT SERVICES ON BEHALF OF THE 6 NEIGHBORHOOD STABILIZATION PROGRAM 7 8 WHEREAS, in Fiscal Year 2008-2009, the City of San Bernardino, California (the "City"), 9 is entitled to receive $8,408,558 from the United States Department of Housing and Urban 10 Development ("HUD") under the Neighborhood Stabilization Program ("NSP") for the purpose of 11 redeveloping abandoned and foreclosed homes and residential properties as authorized under Title 12 III, Division B of the Housing and Economic Recovery Act ("HERA") of 2008; and 13 14 WHEREAS, the NSP is subject to certain statutory and regulatory provisions governing the 15 Community Development Block Grant ("CDBG")program as necessitated by HERA; and 16 WHEREAS, the City, as a direct recipient of CDBG Funds has submitted to HUD and HUD 17 has approved a Consolidated Plan for Fiscal Years 2005-2010 and a Consolidated Annual Action 18 Plan for Fiscal Year 2008-2009 (the "Action Plan"); and 19 WHEREAS, the City, as required by the NSP, prepared and submitted a substantial 20 amendment to the Annual Action Plan to HUD on November 19, 2008, in accordance with the 21 consolidated plan procedures for a substantial amendment under the annual CDBG program; and 22 WHEREAS, the City's substantial amendment to the Annual Action Plan called for the 23 provision of the following NSP components: (1) down payment assistance for eligible home buyers; 24 (2) rental housing opportunities for households at or below 50% of the Area Median Income; (3) 25 acquisition, demolition for future redevelopment; and (4) acquisition rehabilitation and resale of 26 single-family properties; and 27 WHEREAS, a certain need has arisen for the addition of professional-level staff to develop 28 each of the individual NSP components; and 1 P Vspndas`Resolutlons''Resolutions@W9sW "Samuel K.Hughes-20 &ofessiom Services Agreement CDC Reso docx 1 WHEREAS, the skills, education, and previous work experience of Samuel K. Hughes 2 qualifies him to provide such professional-level services; and 3 WHEREAS, the City wishes to redevelop abandoned and foreclosed homes and residential 4 properties to address the significant costs that foreclosure activity imposes on local municipalities 5 and neighborhoods; and 6 WHEREAS, the Community Development Commission of the City of San Bernardino 7 ("Commission") desires to enter into an agreement for professional services ("Agreement') with 8 Samuel K. Hughes, who will provide professional asset management and program development 9 consulting services to the Redevelopment Agency of the City of San Bernardino ("Agency") in the 10 furtherance ofNSP activities. 11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 12 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 13 FOLLOWS: 14 Section 1. The Commission hereby approves and authorizes the Interim Executive 15 Director of the Agency to execute an Agreement with Samuel K. Hughes, Asset Manager and 16 Program Development Consultant on behalf of the Agency together with such technical and 17 conforming changes as may be recommended by the Interim Executive Director of the Agency and 18 approved by the Agency Counsel. 19 Section 2. This Resolution shall take effect from and after its date of adoption by this 20 Commission. 21 22 23 24 25 26 27 28 2 P:Ugsu,l.s Samuel K.Hughes-2009 Prof sional Services Ageemens CDC Reso dax I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A 2 PROFESSIONAL SERVICES AGREEMENT WITH SAMUEL K. HUGHES, AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR 3 PROFESSIONAL ASSET MANAGEMENT AND PROGRAM DEVELOPMENT CONSULTANT SERVICES ON BEHALF OF THE 4 NEIGHBORHOOD STABILIZATION PROGRAM 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a meeting 8 thereof, held on the day of 2009, by the following vote to wit: Commission Members: Aves Nays Abstain Absent 9 ESTRADA 10 BAXTER — 11 BRINKER — 12 SHORETT _ 13 KELLEY _ 14 JOHNSON — 15 MC CAMMACK _ 16 17 Secretary 18 19 The foregoing Resolution is hereby approved this day of 2009. 20 21 22 Patrick J. Moms, Chairperson Community Development Commission 23 of the City of San Bernardino 24 Approved as to Form: 25 26 By: 27 Agency o sel � 28 3 P WgenEasVtesolulniusAesoluiioni2W909.08-09 SU ej K.Hughes-2009 Prof mal Services Agreement CDC Res &cx AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement ") is made and entered into on this 8"' day of September 2009, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency") and Samuel K. Hughes, Professional Asset Management and Program Development Consultant, (hereinafter referred to as the "Consultant"). WITNESSETH WHEREAS, the Consultant has over twelve (12) years of experience in developing and financing various housing programs and projects with various for-profit and governmental organizations in California; and WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the Consultant's services for professional asset management and program development activities related to the Neighborhood Stabilization Program ("NSP") as described in Exhibit "A" (the "Scope of Services") attached hereto and incorporated herein by reference and the 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 this Agreement as follows: 1. TERMS. (a) This Agreement shall commence as of the day and year first above written 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; provided, however, that the term of this Agreement shall not exceed a duration through and including June 30, 2010, unless otherwise amended in writing by the parties. (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 RESPONSIBILITIES. 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." The Consultant commits the principal personnel listed below to the Scope of Services for the duration of this Agreement: Consultant: Samuel Hughes 3. AGENCY RESPONSIBILITIES. The Consultant shall provide all supplies and materials necessary to accomplish the work in the Scope of Services, Exhibit "A". The 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. 1 P.USendaMSenda Apa hA s\Agenda An hmen Veda A, hm n U W"sA eM 2W 5-0 Fis PmfeuiOa Services Ag mem-C u h&F.Pon llo dm 4. CONFIDENTIALITY OF REPORTS. a..- 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 Interim Executive Director or designee. 5. COMPENSATION. The maximum compensation for the Consultant's services, including Consultant's costs and expenses, compensation shall be equal to Forty Eight Dollars ($48) per hour with a maximum not to exceed the figure of $96,000 in any one fiscal year. Reimbursement for travel, including travel mileage at the current Internal Revenue Service rate, and reimbursements for business luncheon meetings shall be pre-approved by the Interim 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 bi-monthly basis (every two weeks) upon receipt of an itemized invoice from the 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. r 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; MONITORING AND REPORTING WORK PERFORMANCE. The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status or physical handicap. At the request of the Interim Executive Director of the Agency, 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 Interim Executive Director of the Agency 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. The 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:Wgendas\Agenda AsuchmentsUgenda A chmentstAges Atuchmem kAgrmts-Amend 200 5-0 Fiv Professiovl Services Agreement{onwlunt F.Ponillo doc 9. INDEPENDENT CONTRACTOR. The Parties intend that the relationship between them created under the Agreement is that of an independent contractor only. 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. The Agency is interested only in the results obtained under the Agreement; unless otherwise indicated and under unusual circumstances, the manner and means of performing the services are subject to the Consultant's sole control. The Consultant shall have no right or authority to bind or commit the Agency, unless specifically authorized in writing by the Interim Executive Director of the Agency in each specific instance. The Consultant shall not be entitled to any benefits, including, without limitation, worker's compensation, disability insurance, vacation or sick pay. The Consultant shall be responsible for providing at his expense, and in his name, disability, worker's compensation or other insurance. The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and any other taxes incurred as a result of the compensation set forth herein. The Consultant agrees further to provide the Agency with proof of payment upon reasonable demand. The Consultant holds the Agency harmless from and against any and all claims, demands, losses, costs, fees, liabilities, taxes, penalties, damages or injuries suffered by the Agency (including, but not limited to, attorney fees and court costs, whether or not litigation is commenced) arising out of the failure of the Consultant to comply with this provision. Further, this right of indemnification shall apply to any and all claims, demands, losses, costs, fees, liabilities, taxes,penalties, damages and injuries suffered by the Agency as a result of the classification of the Consultant as independent contractor under this Agreement. The Parties understand and agree that the Consultant has clients other than the Agency. The Agency further agrees to allow the Consultant to pursue clients as necessary to the betterment of the Consultant's business. The Consultant's separate business engagements include, but are not limited to, real estate advisory and brokerage services, as well as other business formation, acquisition and expansion activities. 10. RECORDS. The Consultant shall keep full and accurate records of all consulting work performed under this Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and other documentation made in the course of the consulting work performed hereunder, or in anticipation of the consulting work to be performed in regard to this Agreement, shall at all times be and remain the sole property of the Agency and the Consultant shall turn over to the Agency all copies of the Work Records within seven(7) calendar days after a written request by Agency. 11. BUSINESS LICENSESMN. ® Consultant shall obtain a San Bernardino business license and provide the Agency with evidence that his license has been obtained on or before September 8, 2009. The Consultant agrees to keep said license current and valid throughout the term of this Agreement. 3 P'.WgeMasNge "Whmemsw8e1 AnwhmentsWgeM Amc entsUg tsA eM 2009\05-0409 Finai Psofesiom Se C=AgrtemevCmuo F.Ponillo,d The Consultant shall obtain a state and federal taxpayer identification number and shall provide evidence to the Agency that this number has been obtained. 12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS. The Consultant at any time has the right to: (a) accept employment or other association with any person, redevelopment agency, city or company in the United States of America or any Territory thereof, or through media reasonably accessible by persons in the United States of America or any Territory thereof, or (b) in the United States of America or any Territory thereof, or through media reasonably accessible by Persons in the United States of America or any Territory thereof, engage in activities, projects or services similar in nature or competitive with those of the Agency, limited only by the confidential information described in Section 4, or (c) become employed by, associate with or otherwise engage any entity anywhere in the world. The Agency acknowledges that the provisions of this Section 12 are reasonable in light of the legitimate business needs of the Agency. 13. 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. 14. INDEMNIFICATION. The Consultant agrees to indemnify, defend and hold harmless the Agency and the City of San Bernardino ("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 Agreement from the Consultant's or the Consultant's employees or agents negligence, errors or omissions connected with the services performed by or on behalf of the Consultant pursuant to this Agreement and only for which proceeds from valid collectible insurance is available to Agent or City. 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 The Consultant agrees to obtain a policy of insurance in the minimum amount of$500,000.00 (five hundred thousand dollars)to cover any and all such claims. The Consultant shall provide the Agency with evidence that the necessary liability insurance has been obtained, and that the Agency has been named as an additional insured on said policy by September 8,2009. 15. MODIFICATION. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 16. CHOICE OF LAW. [� This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by California law, excluding any laws that direct the application of another jurisdiction's laws. 4 P WgenduWseM A hmemsWgeede Amchm S\AgeM A hmmuNA9=- IW 20 W5-0C Fim P.feui.0 gervicu Ag�.wm .hW F.Po Ibdac 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. 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. 19. 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. 20. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim Executive Director or designee. 21. 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 the Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. WAIVER. No waiver of a breach, failure of any condition, or.any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 23. ARBITRATION. With the exception of matters in which equitable or injunctive relief is sought or required, the parties hereto shall submit all disputes relating to this Agreement, whether sounding in contract, tort, or both, to binding arbitration, in accordance with California Code of Civil Procedure Sections 1280 through 1294.2. Either party may enforce the award of the arbitrator under Section 1285 of the Code of Civil Procedure. The parties understand that they are waiving their rights to a jury trial. For matters in °i which equitable or injunctive relief is sought or required, a court of competent jurisdiction shall be the appropriate forum. 5 P.Wge sU geeds AnachmmdUgen A Whments\Agenda A chmems\AW t A ..d 3009W5W 09 Fi"P.fe.i.re S Mi.Agramem ft m F PortJlo da �^ The party demanding arbitration shall submit a written claim to the other party, setting out the basis of the claim and proposing the name of an arbitrator. The responding party shall have ten (10) business days in which to respond to this demand in a written answer. If this response is not timely made, or if the responding party agrees with the person proposed as the arbitrator, then the person named by the demanding party shall serve as the arbitrator. If the responding party submits a written answer rejecting the proposed arbitrator and the parties cannot otherwise agree on an arbitrator, on the request of either party the American Arbitration Association shall select an arbitrator. Except for discovery(as detailed below),the mechanics of the arbitration shall be established by the arbitrator. Limited discovery shall be available. No more than thirty (30) days before the arbitration hearing, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within five (5) business days. The arbitrator may resolve any dispute over the exchange of documents. Thereafter, each party may take no more than two (2) depositions, each of which shall last no more than four (4) hours each. The arbitrator may resolve any dispute over the depositions as they would be resolved in civil litigation. The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the prevailing party. 24. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To the Consultant: Samuel K. Hughes Asset Management and Program Development Consultant 1142 South Diamond Bar Boulevard, Suite 272 Diamond Bar, California 91765 (310) 880-0464 To the Agency: Emil A. Marzullo, Interim 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. 25. ENTIRE AGREEMENT. This Agreement, with Exhibit"A,"constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the engagement of the Consultant by the Agency and the entire understanding of the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. 6 P.Ugendas\Age�a AnuhmrnuUgeMa Atuchmems\Agenda Aa hments`Agrmts-Amend 200405-04-W Fhul Professimul Services Ageement-Comulmm F.Ponillo.do 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: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency')7'ougel CONSULTANT Dated: By. Samuel K. Hughes, Asset Management and Program Development Consultant 7 P:�Fndu Benda Anachmems A,Wa A nhmeessWgcM AnechmenukAgmgs-A cW 3009\05-0 49 NMI Pmfenioul Services Agrte t-Ca ,m F.Pondlo.dm Exhibit "A" Samuel K. Hughes Scope of Services • Coordinate the initial project budget and application for Neighborhood Stabilization Program 2 (NSP2) project proposal, in consultation with the Agency and project management team (PMT); • Confirm that the interest of the Agency is adhered to during ongoing negotiations with the National Community Stabilization Trust (NCST); • Support efforts related to establishing and maintaining records and financial accounting systems to comply with NSP program guidelines and federal/state audit requirements; • Coordinate and oversee the work of developers, cost estimators, appraisers, environmental specialist, contractors, real estate agents and intermediaries contracted to perform development activities on behalf of the Agency or its affiliated non-profit corporation; • Obtain a broker price opinion prior to entering into purchase price negotiations on any of the foreclosure properties identified by the Agency under the NSP; • Coordinate real estate purchase and sale contracts on behalf of the Agency or its affiliate non-profit; • Report on the progress of NSP activities to the Agency's Housing Director and other interested parties; and Other related assignments as per the Agency's Housing Director. 8 P:UgaMas 41e AnachmentsU,e a AM6.m,U91n a At hmemsl4SemtvAmend 20 W5-0 Fis PmF.W.ul Services AS ...-C.IW F.P n][.A.