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HomeMy WebLinkAbout11- Economic Development ECONOP— C DEVELOPMENT AGEN ' ' 01, -HE CITY OF SAN BERNARDINO REQUEST FOR COMMISSIONWOUNCIL ACTION FROM: TIMOTHY C. STEINHAUS SUBJECT: CONSULTANT Agency Administrator TO THE COMMISSION/ COUNCIL DATE: September 30, 1993 Synopsis of Previous Commission/Council/Committee Action(s): None. Recommended Motion(s): (Community Development Commission) Councilman Hernandez's Recommendation MOTION A: That the Community Development Commission retain Mr. Kenneth Johnston as a consultant to carry out certain professional services relating to the Economic Development Agency. r TIMO fHYd. STEINHAUS Agency Administrator Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Area(s): N/A Ward(s): 1-7 Supporting Data Attached: Staff Report: Professional Services Agreement FUNDING REQUIREMENTS: Amount: $ 40,005 Source: Bond Proceeds Budget Authority: Requested Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------------- TCS:lag:admnasst.cdc COMMISSION MEETING AGENDA MEETING DATE: 10/04/1993/ Agenda Item Number: < L REQUEST FOR COUNUSSIO- 7OUNCIL ACTION Consultant to the Commission/Council September 29, 1993 Page Number -2- ----------------------------------------------------------------------------------------------------------------------- Recommended Motion(s) Continued: MOTION B: That the Community Development Commission appropriate funds in the amount of $40,005 and increase the FY93/94 EDA budget accordingly . MOTION C: That the Community Development Commission assign Mr. Johnston to the Council Office under the guidance of the Council Executive Assistant. ------------------------------------------------------------------------------------------------------------------------- TCS:1ag:admnasst.cdc COMMISSION MEETING AGENDA MEETING DATE: 10/04/1993 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------------ Consultant to the Commission/Council On two prior occasions the issue surrounding the establishment of the Administrative Assistant to the Council/Commission has been considered. Although significant discussion has occurred, no consensus was reached and the Council/Commission continued the matter to subsequent Commission meetings. Most recently,the matter was considered by the Redevelopment Committee as an off agenda item and discussion took place, with the Mayor in attendance, regarding certain technical issues relative to the draft professional services agreement based upon input provided by Committee members, the Mayor, staff and legal counsel, the attached professional services agreement has been crafted to reflect the comments submitted at the above referenced Committee meeting. Based upon the foregoing, it is appropriate for the Commission to consider certain aspects of the proposed position as more fully described in form motions "A", "B", and "C" . -7 TIMOTHY . S EINHAUS, Agency Administrator Economic Development Agency ------------------------------------------------------------------------------------------------------------------------- "" TCS:1ag:admnasst.cdc COMMISSION MEETING AGENDA MEETING DATE: 10/04/1993 Agenda Item Number: / l/ AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into as of this day of , 1993, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency (the "Agency" ) and Kenneth Johnston ( "Consultant" ) . RECITAL 1. Purpose The purpose of this Agreement is to allow the Agency to procure the services of an experienced professional consultant to provide the scope of services as further set forth on Attachment A. TERMS AND CONDITIONS 2. Mission Agency hereby retains Consultant in the capacity as Consultant for the provision of services described in Attachment A. Consultant hereby accepts such responsibility as described herein. 3. Terms This Agreement shall commence on October 4, 1993, and shall remain in full force and effect until June 30, 1994, unless sooner terminated as provided herein. The Agency Administrator of the Agency or his/her designee is authorized to alter this Agreement with a fifteen (15) day written notice as long as any alteration(s) are upon the same terms and conditions as specified herein. 4. Consultant Responsibilities Upon the request of the Agency Administrator, Consultant shall complete the work program described in Attachment A. 5. Release of News Information No news release, including photographs, public announcements or confirmation of same, of any phase of any program hereunder shall be made without the prior written approval of the Agency Administrator. 6. Confidentiality of Reports Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to DAB/is [Johnston.Agr] 1 September 30, 1993 performance hereunder and that Agency designates as confidential. Such information shall not be made available to any person, firm, or entity without the prior written consent of Agency. 7. Compensation The fee for the scope of services which is included within Attachment A, is $4,445 per month or $40,005 for the term of this Agreement, plus reimbursable costs as outlined below. Consultant will be reimbursed for its out-of-pocket expenses in accordance with the Agency' s standard accounts payable system. These expenses will be submitted to the Agency for review, approval/disapproval and inclusion into appropriate conversion transactions. Invoices shall be approved by the Agency Administrator or designee. 8. Right to Audit Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five ( 5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law. 9. Audit Exceptions Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, he shall be responsible for complying with such exceptions and paying Agency the full amount of liability resulting from such audit exceptions. 10. Agency Support The Consultant will work in close consultation with the Agency Administrator, Executive Director and with other staff members of the Agency. The Consultant will particularly assist and facilitate the tasks described in Attachment A. 11. Independent Contractor Consultant shall perform the services contained herein as an independent contractor and shall not be considered an employee of Agency or the Commission or under Agency or Commission supervision or control as except as to the broad tasks and duties to be performed. This Agreement is by and between Consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, DABJjs [Johnston.Agr] 2 September 30, 1993 1 V employee, partnership, joint venture, or association, between Agency and Consultant. 12. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino or its Economic Development Agency. 13. Successor and Assignment, Subcontractor The services contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer nor subcontract any interest in this Agreement without the prior written consent of the Agency. 14. Indemnification Consultant agrees to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees from and against any and 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 from or connected with Consultant' s operations, or its services hereunder, including any worker' s compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. 15. Insurance Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Administrator of Agency or designee with ten (10) days of the effective date of this Agreement. General Liability: A program including, but not limited to, comprehensive general liability including automobile insurance coverage with a combined single limit of not less than $1,000,000 per occurrence, or equivalent. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. DAB/js [Johnston.Agr] 3 September 30, 1993 Workers' Compensation: Consultant shall provide and maintain workers' compensation coverage as required by law, which shall name Agency as an additional insured. 16. 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. 17. Non-discrimination In the fulfillment of the program established under this Agreement, whether as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other terms of compensation, selection for training, or participation in the program or receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 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 effect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or 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. 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 Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 21. Waiver No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall DAB/js [Johnston.Agr] 4 September 30, 1993 not be deemed to be a waiver of any other breach of the same or any other provision. 22. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement shall be the responsibility of the Commission or its designee. 23. Termination This Agreement may be terminated for any reason by either party by giving written notice at least thirty (30) days prior to the effective termination date as shall be stated in the written notice. 24. Notice Notices herein shall be presented in person or by certified or registered U.S. Mail, as follows: To Consultant: Kenneth Johnston 28633 Sycamore Drive Highland, California 92346 To Agency: Agency Administrator ECONOMIC DEVELOPMENT AGENCY CITY OF SAN BERNARDINO 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal notice. DAB/js [Johnston.Agr] 5 September 30, 1993 25. Entire Agreement This Agreement with attachments constitutes the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Agency Administrator Approved as to form and legal content: By: Agency Counsel Approved as to program: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Deputy Director CONSULTANT By: Kenneth Johnston DAB/js [Johnston.Agr] 6 September 30, 1993 l � Attachment A SCOPE OF SERVICE Pursuant to the terms of this Agreement, the Consultant shall perform professional services for the benefit of the Commission and shall report to the Agency Administrator in such manner and at such times as may be directed from time to time. The Consultant shall perform the following professional services: 1. Function as a liaison between the Commission and EDA Staff for the identification and resolution of issues and concerns regarding redevelopment projects and redevelopment activities undertaken within the several redevelopment project areas of the City. 2. The Consultant shall assist EDA staff in working with Agency Citizen Advisory and Project Area Committees relative to complaints of municipal code violations arising from such committees within project areas. 3. The Consultant shall coordinate with Agency staff in resolving complaints from business and/or security institutes sponsored by the Agency. 4. The Consultant shall assist the Commission in the identification of possible redevelopment activities that may be undertaken in the various redevelopment project areas in furtherance of the implementation of the Commission beautification program and public improvement upgrades and modernization. 5. The Consultant shall advise Agency staff and assist in the identification of potential redevelopment assistance programs for property owners to enable substandard properties or other properties within the redevelopment project areas to comply with all applicable City building codes through possible EDA assistance programs. 6. Advise the Agency of any other actions, activities or programs that may be undertaken by the Commission through Agency staff for the betterment and upgrading of private development and public infrastructure within the redevelopment project areas. 7. Consultant shall develop and maintain files, documentation and logs concerning the identification and resolution of issues and concerns arising from the prospective or actual implementation of redevelopment programs, projects and activities. 8. The Consultant shall report directly to the Agency Administrator but shall receive day to day directions on the broad tasks and duties to be performed from the Executive Assistant to the Common Council. DAB/js [Johnston.Agr] September 30. 1993 /