HomeMy WebLinkAboutR27-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
DATE: April 24, 2003
SUBJECT: HUB PROJECT
OR1GlNAL
FROM: Gary Van Osdel
Executive Director
________________.___________________________________________________________________n.._____________________________________________________________. ---------------------+---------------------------
Synopsis of Preyious Commission/Council/Committee Action(s):
On July 12, 1999, thc Community Development Commission approved a Cooperation Agreement with the Inland Valley
Development Agency.
On May 21, 200 I, the Community Development Commission and/or Common Council approved a Disposition and
Development Agreement with SBT Partners and certified an Environment Impact Report for the HUB Project.
On November 5, 2001, the Community Development Commission authorized execution of a Redevelopment
Condemnation Memorandum with Inland Valley Development Agency.
On February 3, 2003, the Community Dcvelopment Commission made a decision to appraise real property for Phase II.
Recommended Motion(s):
MOTION B:
(Community Development Commission)
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO REFERRING CERTAIN PROPERTIES TO THE INLAND VALLEY
DEVELOPMENT AGENCY FOR ACQUISITION PURSUANT TO THAT CERTAIN 1999
REDEVELOPMENT COOPERATION AGREEMENT, DATED JULY 12, 1999, REGARDING THE
HUB PROJECT AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH (PHASE
II).
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND PACIFIC RELOCATION CONSULTANTS
(HUB PROJECT PHASE II).
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR LAND ACQUISITION SERVICES BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND CUTLER & ASSOCIATES, INC. (HUB
X~QIr;_c:!_l'li!>.c~_~_In_______m___m____________m_______ ______________m___m _____m____________m____mm_____________m_m
MOTION A:
MOTION C:
Contact Person(s):
Project Arca(s)
Gary Van Osdel/John Hoeger
Phone:
(909) 663-1044
3
IVDA
Ward(s):
Supporting Data Attached: iii Staff Report iii Resolution(s) iii Agreement(s)/Contract(s) 0 Map(s) iii Letters
See Staff
Amount: $ Report Source: Tax Increment/Land Sales Proceeds
Reg uested
SIGNATURE:
___________________________ __________________u______ ______._ ________________________________________________________---------------------------------.---------------------------- --~------------------
Commission/Council Notes:
iLtcC'c.\,l c~ zoCJ~-IC-,
________________m_____C_______t_Zm_;3::__Ct_________________-- ....._-----------
P:IClcrical Services Dep(~a~a~trarker\AgCnda\CDC lOO.}I03-05-05 HUB ProjCCl CDC Ilcm.doc
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COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: --E.n
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
HUB Proiect
BACKGROUND:
Phase II of the Tippecanoe Retail Project (the HUB) is being undertaken by the Agency under the
terms of a Redevelopment Cooperation Agreement with the Inland Valley Development Agency (the
IVDA). The Agency is fully responsible for all costs of the project and can make nearly all decisions
necessary for the project to proceed. Nevertheless, the governing board of the IVDA must issue any
statutory offers and adopt any resolutions of necessity that would be required to acquire any HUB
properties by condemnation. The first Resolution will refer five properties to the IVDA requesting
the acquisition of the properties through eminent domain, if necessary. The other two Resolutions
provide relocation and acquisition consulting services.
CURRENT ISSUE:
The attached Resolution sets forth the Agency's request that the IVDA commence acquisition of
parcels from five property owners in the HUB project. Those owners are Nelson, Liaou, Perpuly,
Shelton and Nanney-Wong. These owners have either rejected the Agency's offer outright or do not
appear to be willing to settle.
Resolutions are also attached approving professional services agreements with Pacific Relocation
Consultants and Cutler & Associates, Inc. to provide the same services for Phase II as they did for
Phase I of the HUB Project.
ENVIRONMENT AL IMPACT:
The City certified a Final Environmental Impact Report as of May 21, 2001 in accordance with
California Environmental Quality Act of 1970 as amended (CEQA). The Report included elements
covering the realignment and construction of the street improvements for Harriman Place together
with actions to acquire lands for right-of-way, for development of a retail shopping center, and for
redevelopment of a restaurant by In-N-Out Burgers.
FISCAL IMPACT:
Under the terms of the Redevelopment Condemnation Memorandum approved on November 5, 2001,
the Agency will be fully responsible for all costs of the IVDA in connection with the acquisition of
these properties. Under the terms of the HUB development agreement, the developer is responsible
to the Agency for certain payments in connection with these acquisitions.
The amount of the statutory offer for the four owners combined is $522,000. Under the terms of the
Disposition and Development Agreement with the HUB developer, the Agency will receive $185,000
leaving the Agency with a net cost of $337,000.
~_________________________________~_____________________________________________________________________________________________.________________d~._.____________________.._.__________________...__..___
P:\Clcrical Services Dcpl'u\1argarct Parker\Agenda\CDC 2003\03-05-05 HUB Project CDC Hem,doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: ./!..J.7
Economic Development Agency Staff Report
HUB Project
Page 2
The Pacific Relocation Consultants contract in the amount of $73,750.00 for relocation consulting
services plus scheduled costs for property management services. The Cutler contract is in the amount
of$37,500.00 for acquisition consulting services.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolutions.
________________d_____________________.__________________________________________.___________.________________----------- ___________________________________________d____________..-.--------------..----
?:\Clcrical Services Dcpt\Margarcl ParkerlAgendalCDC 1003\03-05-05 HUB Project CDC Item.doc COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: /I..J:J--
RESOLUTION NO.
2
3
A RESOLUTION OF THE COMMUNITY DEVELOPMEl'iT
COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING
CERTAIN PROPERTIES TO THE INLAND V ALLEY DEVELOPMENT
AGENCY FOR ACQUISITION PURSUANT TO THAT CERTAIl'i 1999
REDEVELOPMENT COOPERATION AGREEMENT, DATED JULY 12,
1999, REGARDING THE HUB PROJECT AND APPROVING OTHER
ACTIONS IN CONNECTION THEREWITH (PHASE II).
4
5
6
7
WHEREAS. the Inland Valley Development Agency (the "IVDA") was established
B
pursuant to a joint exercise of powers agreement in January 1990, for the purpose of assisting in
9
the conversion, redevelopment and civilian reuse of the former Norton Air Force Base located
10
I]
within the City of San Bernardino; and
WHEREAS, the member governmental entities of the rvDA include the County of San
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Bernardino. a political subdivision of the State of California, the City of Colton, a municipal
,
corporation. the City of Loma Linda. a municipal corporation, and the City of San Bernardino, a
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California charter city (the "City"); and
WHEREAS, the IVDA was granted specific powers by the State Legislature in 1989
(Statutes 1989. Chapter 545; See now Statutes 1997. Chapter 580 and Health and Safety Code
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17
Section 33492.40. et seq.) to assist in the redevelopment of the former Norton Air Force Base
18
and the lands in proximity thereto pursuant to the Community Redevelopment Law (Health and
19
Safety Code Section 33000, et seq., is hereafter referred to as the "CRL"); and
WHEREAS. the IVDA adopted the Redevelopment Plan for the Inland Valley
20
21
Redevelopment Project Area (the "Redevelopment Plan") in accordance with the provisions of
00
the CRL, and the Redevelopment Plan provides for certain redevelopment activities to be
23
undertaken within the redevelopment project area, as more fully described in the
24
Redevelopment Plan (the "Project Area"); and
'5
WHEREAS. approximately eighty percent (80%) of the Project Area is situated within
the territorial jurisdiction of the City; and
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1':'.Clerical Senice' Depl"hrl:arel Puker'.Rcwluliun,'JOO]\OJ-OS-OS IICI:I CDC A Rnu.dllc
WHEREAS, the IVDA, the City and the Redevelopment Agency of the City of San
2
Bernardino (the "Agency") previously entered into an agreement entitled "1999 Redevelopment I
Cooperation Agreement" dated as of July 12, 1999, pursuant to which the IVDA, the City and'
the Agency initiated the redevelopment of a portion of the Project Area referred to in the 1999
3
4
)
Redevelopment Cooperation Agreement as the "Agency Implementation Area" and which area
6
has slI1ce been referred to by the Agency as the "HUB Project;" and
7
WHEREAS, the IVDA previously designated the City to serve as the "lead agency" as
8
this term is defined in the California Environmental Quality Act of 1970, as amended,
9
("CEQA") for the purpose of conducting an environmental review of the HUB Project; and
10
WHEREAS, the City certified a Final Environmental Impact Report as of May 2 L 2001
(the "FEIR") for the HUB Project, in accordance with CEQA; and
WHEREAS, the HUB Project as analyzed in the FEIR includes the following key
II
12
elements:
'3
(i) the realignment and construction of a new public street improvement project
14
referred to in the FEIR as the Harriman Place Improvement Project;
15
(ii) the assembly and acquisition of public street right-of-way for the Harriman Place
16
Improvement Project;
17
(iii) the assembly of land for the redevelopment of a new commercial retail shopping
center to be undertaken by the Developer and In-1\-Out;
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19
(iv)
the assembly and exchange of lands for the redevelopment of a restaurant by In-
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J\-Out as an owner participant in the HUB Project; and
2]
WHEREAS, the Agency has approved a Disposition and Development Agreement (the
22
"DDA"), dated as of May 21, 2001, with SBT Partners, LLC, a California limited liability
23
company (the "Developer") and the Agency also approved an Owner Participation Agreement,
24
dated as of September 17, 200 I, with In-N-Out Burgers, Inc., a California corporation ("In-N-
~5
Out") for the implementation of the commercial shopping center portion of the HUB Project;
and
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P:\CJuiC:.l1 SerdCh [)tpt"_'hr~nel Parker\Re'ioJuti"nl\20UJ\OJ.OS.OS IIl'B CDC A Re~lI.doc
WHEREAS. SBT Parmers. LLC. has exercised its option under the DDA with respect to Phase
o
H: and
.'
WHEREAS. the IVDA transmitted offers to purchase parcels of land situated within the site of
4
the HUB Project to the owners of such land; and
)
WHEREAS. the Agency has previously transmitted to the IVDA for its consideration and
6
approval the form of an implementation agreement entitled "Redevelopment Condemnation
Memorandum," dated as of November 5. 2001. that sets forth the procedures of the Agency to refer
c
8
properties to the IVDA for acquisition by the IVDA through eminent domain. if necessary. in
furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment of the HUB
9
10
Project; and
II
WHEREAS. at this time. the Agency deems it appropriate to refer certain Phase II properties to
the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of the 1999
Ie
Redevelopment Cooperation Agreement and redevelopment of the HUB Project.
. 3
NOW. THEREFORE. THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE. DETERMINE AND ORDER, AS
FOLLOWS:
]4
15
16
Section 1.
The recitals of this Resolution are true and correct. On December 17,2001, the
17
Community Development Commission of the City of San Bernardino (the "Commission"). as the
18
goveming board of the Agency, conducted a public meeting with the Mayor and Common Council of
the City of San Bernardino relating to the matters set forth in this Resolution. This Resolution evidences
19
20
the reterral by the Agency to the IVDA of a "Condemnation Parcel" under Section 5(1) of the
21
Redevelopment Condemnation Memorandum.
22
The Commission hereby refers the properties described below by the name of
Section 2.
23 the property owner listed on the most current property tax assessment roll of the Assessor of the County
24 of San Bernardino and the property address, to the IVDA for acquisition by the IVDA through eminent
05 domain, if necessary, in furtherance of the 1999 Redevelopment Cooperation Agreement and
redevelopment of the HUB Project:
--'.
P:\Cleri(",1 S~nic.s Dept\'lar~uel Puhr\R~\Olulion\,2003\03-0~0511L'B elK A R~,".dllr
e
Propertv Owner
!\elson
HUB Site Propertv Address
1036 East Laurelwood
3
Liaou
982 East Laurelwood
-1
Perpuly
Shelton
956 East Laurelwood
930 East Laurelwood
5
!\anney-Wong
904 and 916 East Laurelwood
11
The Commission hereby authorizes and directs Agenc)' Staff to provide
Section 3.
to the IVDA a suitably detailed description of each of the properties being referred to the IVDA
~
bv tl1lS Resolution and the ownership thereof, pertinent appraisal information, relocation
assistance information. if applicable, and a copy of the Agency's offer to purchase each such
property, along with other information requested by IVDA Staff
9
10
II
Section 4.
This consideration by the IVDA of the acquisition of each of the
Ie
properties described in Section 2 shall be subject to the provisions of the Redevelopment
, 3
Condemnation Memorandum.
1-1
Section 5.
The Executive Director of the Agency is hereby authorized and directed
IS
in consultation with the Executive Director of the IVDA to make recommendations regarding
the acceptance by the Agency of counteroffers or other responses of property owners identified
in Section :2 of the Resolution for the acquisition by the Agency of their property for the HUB
Project. If at any time prior to the date when the governing board of the IVDA may take final
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17
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action to initiate condemnation proceedings to acquire any of the properties described in Section
2 of this Resolution, such property owner may confirm in writing addressed to the Executive
19
cO
Director of the Agency its acceptance of the offer of the Agency and/or the IVDA to acquire
such property from the property owner. the Executive Director of the Agency is authorized and
directed, in consultation with the Executive Director of the IVDA. to prepare and deliver to such
e I
22
0'
d
property owner a "Site Parcel Agreement," as this term is defined in the Redevelopment
e4
Condemnation Memorandum. which incorporates the terms of the Agency's prior written offer
for final approval by the Commission.
~5
Section 6.
The Resolution shall become effective immediately upon its adoption.
--1-
P:',C1erical Senire, Dept\\larI(Uel Parker,f{ew)uli"m.100J'.,OJ-05-05111'H CHC A Re'lI,doc
2
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING
CERT AI]'; PROPERTIES TO THE INLAND V ALLEY DEVELOPME]';T
AGENCY FOR ACQUISITIO)\; PURSliANT TO THAT CERTAIN 1999
REDEVELOPMENT COOPERATIO)\; AGREEMENT, DATED JULY 12,
1999, REGARDING THE HUB PROJECT AND APPROVING OTHER
ACTIONS IN CONNECTION THEREWITH (PHASE II).
3
4
:;
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Community Development Commission of the City of San Bernardino at a
meeting
, 2003. by the following vote to wit:
Nays
Abstain
Absent
16
] 7
Secretary
] 8 The foregoing resolution is hereby approved this
day of
,2003.
]9
20
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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22
23
24
15
\
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P:C1critlll S~r'lice\ I)ept\_'largnel Parker\Re....lutiu".,2(J(J3\03-05-0:" IIl'H CDC A Re~lI,doc
RESOLUTION NO.
:'
.'
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR RELOCATION SERVICES BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BER:-"'ARDINO
AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT PHASE
II).
4
s
(,
7
WHEREAS. an area of the City of San Bernardino (the "City") generally situated along the west
~
side of Tippecanoe A venue to the north of the right-of-way of the Interstate 10 Freeway referred to as the
9
10
"HUB Project Site" is \\ithin the redevelopment project area of the Inland Valley Development Agency;
a joint powers authority formed pursuant to Health and Safety Code Sections 33492.1 0 ~ ~.. for the
II
pmpose of assisting in the conversion and civilian reuse of the former Norton Air Force Base and other
I:'
lands situated in the City: and
1
\VHEREAS. the Inland Valley Development Agency, the City and Redevelopment Agency of
the City of San Bernardino (the "Agency") entered into an agreement entitled "1999 Redevelopment
14
I'
Cooperation Agreement" dated as of July 12. 1999 (the "Redevelopment Cooperation Agreement").
16
pursuant to which the Inland Valley Development Agency granted the Agency the right. power and
17
authority to act for and on behalf of the Inland Valley Development Agency for tile pmposes of
exercising the redevelopment powers of the Inland Valley Development Agency: and
Wl1EREAS. tl1e HUB Project Site contains residential and commercial developed properties,
18
19
:'0
and the Agency initiated certain studies and proposals to address a number of issues of community
:'1
concern on the HUB Project Site related to blight and conditions associated with obsolete commercial
"
design, deferred maintenance, traffic circulation and conflicting commercial-residential neighborhood
23
property use and community design in an effort to elin1inate and prevent the spread of blight from the
:'4
HUB Project site: and
"
i//
.1.
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2
WHEREAS. the Agency approved a Disposition and Development Agreement. dated as of May
21. 2001. \vith SBT Partners. LLC C'SBT'). regarding redevelopment of the HUB Project Site (the
3
"DDA'"): and
4
\VHEREAS. under the DDA. SBT has elected. and the Agency has consented. to exercise
5
SBT"s option with respect to Phase II thereof; and
WHEREAS, w1der the DDA. the Agency should exert its best efforts in cooperation with the
Inland Valley Development Agency to the Phase II parcels containing thirty-three (33) residential units:
6
7
8
and
9
WHEREAS, the Agency, as currently staffed, does not have the manpower to manage the
relocation of the nwnber of properties required for Phase II of the HUB Project within the tin1e
10
11
parameters set forth in the DDA; and
\VHEREAS. on July 23. 2001. the Agency approved an Agreement for Relocation Services for
12
Phase 1.
14
J\OW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SA.N BERNARDINO DOES HEREBY RESOLVE. DETERMINE AND ORDER, AS
FOLLOWS:
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16
Section 1.
On May 5. 2003, the Agency considered the Professional Services Agreement
17
with Pacific Relocation Consultants, attached to this Resolution as Exhibit "A" (the "Agreement") at a
public meeting. The minutes of the Agency Secretary for the May 5. 2003, meeting of the Agency
18
19
include a record of all docwnents. communication and testin10ny submitted to the Agency regarding the
20
Agreement.
21
The Commission hereby approves the Agreement in the fonn attached hereto as
Section 2.
22 Exhibit "A." The Executive Director of the Agency is hereby authorized and directed to execute the
23 Agreement on behalf of the Agency together with technical and confonning changes. as may be
24 recommended by Agency Counsel.
"
Section 3.
The Resolution shall become effective immediately upon its adoption.
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P:<.Clerical Ser..-ic.., Depl\'h~nef Pnkn\R..",lutionl',200J\03-05-05 IWB CDC B R..",.doc
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BER"lARDINO APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION OF Al\
AGREEMENT FOR RELOCATION SERVICES BETWEE!'I THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT PHASE
II).
3
4
:;
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Community Development Commission of the City of San Bernardino at a
meeting
o
,2003, by the following vote to wit:
thereof. held on the
day of
x
Absent
Abstain
Nays
Ayes
Commission Members:
9
ESTRADA
LONGVILLE
MCGlJ\1\IS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
10
11
12
14
15
16
17
Secretary
18
The foregoing resolution is hereby approved this
day of
,2003.
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20
21
0')
.-
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24 By:
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
'5
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P:\C1erical Sen;ce, Dept\'hrllaret hTker\Re,,,Jution>\2003\03-0~-O~ Ilt'H CDC B Re,u.duc
REDEVELOPMENT AGENCY OF THE CITY OF SAN BER.l\IARDINO
AGREEMENT FOR RELOCA nON SERVICES
(Pacific Relocation Consultants)
This AGREEMENT FOR REAL EST A TE ACQUISITION SERVICES (the "Agreement") is
made and entered into as of May 5, 2003, by and between the REDEVELOPME1\T AGENCY OF
THE CITY OF SAN BERNARDINO (the "Agency"), a public body existing and functioning
pursuant to Health and Safety Code Sections 33000, et seq., and PACIFIC RELOCATION
CONSULT ANTS, a California corporation (the "Consultant"),
1\OW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL
PROMISES CONTAINED HEREI1\ AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant
to provide the consulting services set forth in the Scope of Services attached hereto as Exhibit "A"
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 Agreement.
2. P A YME1\T BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant a fee of$73, 750,00 for performance of
the Relocation Assistance Services plus monthly Property Management Services at the rates set forth
in the Scope of Services.
B. The compensation designated in subsection A shall be the "Total Fee" for the
performance of the work 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 to perform work pursuant to
this Agreement 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 Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
P Ckm:~l Scn ice, DCrl .~1argarcl Par~n Agcnda.Agffill,-Amcnd 200303-(15-05 HUB Relocation SCrolCCS PRC.do<:
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance ofthe Scope of Services, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel
of the Consultant and any individual sub consultants 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 Executive Director, within thirty (30) days of such approval.
3. RECORDS RETENTIOK 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 Agreement 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 of9 a.m. and 5 p.m. Monday through Friday, excluding
federal and state government holidays. In the event oflitigation or an audit relating to this Agreement
or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained
bv the Consultant until all such litigation or audit has been resolved.
. '. .
4. INDEMNIFICATION. The Consultant shall defend (if requested by Agency),
indemnity and hold harmless the Agency, its officials, officers, employees, attorneys, 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 acts or omissions of the Consultant, its officers, employees, subcontractors and agents,
arising from or related to performance by the Consultant of the work required under this Agreement,
except to the extent that such loss or damage may be caused by the negligence of the Agency, its
officers or employees. The costs, salary and expenses of the City Attorney and members of his office
in enforcing this Agreement for Professional Services on behalf of the Agency shall be considered as
"attorneys' fees" for purposes of this paragraph.
5. INSURANCE
A. 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 Policyholder's Rating" of at least A(v), as set forth in the then most current
edition of "Best's Insurance Guide," as follows:
(I) Automobile Insurance. The Consultant and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than $1,000,000.00
combined single limit per occurrence for all vehicles leased or owned by the Consultant or its
subcontractors and used in completing the work required under this Agreement.
P_,Ckmal S~r\I,C' Dcp\.\largarcl Par~cr."gcn.dJAgmlb-Amcnd ~003 ,OJ.05-05 HUB Reloca\ion Service' PRC.doc
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(2) 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 Agreement.
(3) Errors and Omissions Coverage. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the Consultant in performance
of the Scope of Services of this Agreement in an amount of not less than S 1,000.000.00.
B. Concurrent with the execution of this Agreement and prior to the commencement of
any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing the
existencc of the insurance coverage required herein, which coverage shall remain in full force and
effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant
purchascs in satisfaction of the insurance requirements of this Agreement shall name the Agency, its
officials. officers, employees, attorneys, representatives and agents as additional insured and shall
provide that the policy may not be cancelled, terminated or modified, except upon 30 days prior
written notice to the Agency.
6. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORM A TIOK All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, correspondence or other documents generated by or on behalf of the
Consultant for performance ofthe work set forth in the Scope of Services shall be the property of the
Agency, as of the time of their preparation and payment therefore by the Agency, and shall be
delivered to the Agency upon written request to the Consultant.
7. 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 Agreement shall only be made by the Consultant with the prior written consent of the
Agency.
8. RESERVED.
9. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; 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
P CkrlL:al SCr\ln', Ocrl \lJr~arCI Parker A~~ndaAgrmh.AmcI\J ~IJO.l O.,.U5.U~ HLH Rdocallon SCr\'ICCS PRCdoc
3
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
Agreement, the rights and remedies of the parties under this Agreement 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 Agreement 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.
10. TERMINATION.
A. This Agreement 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 Agreement underthis section, the Consultant shall
provide all documents, notes, maps, reports, data or other work product developed in performance of
the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such
termination and without additional charge to the Agency.
II. 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 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.
CONSUL T ANT:
Pacific Relocation Consultants
100 West Broadway, Suite 300
Long Beach, California 90802-4432
Attention: David Stadler
p- Ci~rLc"1 SCrln;o Dcpl .\t"r~~n;\ P"r~cr A~cnJ" A~mlb-Amcn..J ~UOJIJ3.1J'..(J~ fIL'S Relocation SenLce', PRe do,'
4
Agency:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North HE" Street, Suite 301
San Bernardino, California 9240 I
12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Agreement. The Consultant shall maintain all
necessary licenses and regIstrations for the lawful performance of the work required of the
Consultant under this Agreement.
13. 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 Agreement.
14. 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 Consultant or its subcontractors to perform any item of work described in
the Scope of Services.
15. SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder
of this Agreement, 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 Agreement shall be valid and enforceable to the fullest extent permitted by law.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties. This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein. The parties intend this Agreement to be
the final expression of their agreement with respect to the subjects covered herein and a complete
and exclusive statement of such terms.
.
17. AMENDMENT OR MODIFICA TI01\'. This Agreement 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 ifin written form
and executed by each of the parties hereto, following all necessary approvals and authorizations for
such execution.
r Ckflc~l SCr\ICC' [)Cpl \Ltr~arcl l'arkcrAgcnda Agmlls-Amcnd 2u0303-05.05 HUB Relocation Ser\lccs PRC.doc
5
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. NON- WAIVER. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the
prior written consent of the Agency.
21. REPRESENT A TIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf
of and bind the parties each purports to represent.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or
more counterparts, each of which will constitute an original.
23. EFFECTNENESS OF AGREEMENT AS TO THE Agencv. This Agreement shall
not be binding on the Agency, until signed by an authorized representative of the Consultant,
approved by the Agency, approved as to form by Agency Counsel and executed by the Chairperson
of the Community Development Commission of the City of San Bernardino and the Agency
Secretary.
24. CONFLICTS OF INTEREST. Consultant hereby represents that it has no interests
adverse to the Agency, at the time of execution of this Agreement. Consultant hereby agrees that,
during the term ofthis Agreement, the Consultant shall not enter into any agreement or acquire any
interests detrimental or adverse to the Agency.
Further, Consultant hereby represents and warrants to Agency that Consultant and any
partnerships, individual persons or any other party or parties comprising Consultant, together with
each subcontractor who may hereafter be designated to perform services pursuant to this Agreement,
do not have and, during the term of this Agreement, 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 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 Agency as set forth in
this Agreement.
11/
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P CkllC31 S~"'CC'; Dcr\ .'lM~a'Ci Pari<crAgcndaAgrmb-Amcnd 200303-05-05 !-lCB Rcloca\lon Scr.';cc, PKCOOl
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AGENCY
Redevelopment Agency
of the City of San Bernardino
Dated:
By:
Gary Van Osdel, Executive Director
By:
Agency Counse
CONSULTANT
Pacific Relocation Consultants,
a California corporation
Dated:
By:
Title:
Dated:
By:
Title:
P ('I~m~1 ScnLCC' D"pl\1Jr~arcl Parker Agcndac.\g!Tl11>-:\mcnd ~(J(J3 U}-05.05 HUB Rclocallon SCr\KC> PRe ,10<.:
7
EXHIBIT "A"
SCOPE OF SERVICES
A-I
p..
\1[:
PACIFIC
RELOCATION
CONSULTANTS
100, "ROADWAY
SUITE 500
LONG BEACH
CALIFORNIA 90802-4432
TEL (562: 590-8564
FAX (5621 495-0889
OTHER OFFICES
""'KLAND
':IRINGS
.MENTO
SAN DIEGO
18001 4QQ.RELO
v..'Wv,.pacre;:)coi:'
March] 0, 2003
Gary Van Osdel
Executive Director
San Bernardino Economic Development Agency
201 K "E" St., Suite 301
San Bernardino, CA 92401
'-.'.
~'~,'i'~ r::
...... - ','
RE: HUB Phase II Proposal
Dear Mr. Van Osdel:
Pursuant to your request, please accept this letter as a fee schedule for the relocation and
related services to be provided by Pacific Relocation Consultants to the San Bernardino
Economic Development Agency in connection with the Hub Phase II project. The
proposed relocation fees are as follows:
Relocation Assistance Services:
Displacee Relocation Services
(33 residential cases @ $1,750/case)
$57,750.00
Preparation of Relocation Plan
$8,500.00
$7,500.00
Project Management (including Relocation Plan
distribution to project residents)
TOTAL RELOCATION
$73,750.00
]n addition, we propose to provide the property management services at the following fee
schedule:
Property Management Services:
Property Management Setup Fee - 33 units @ $95/unit
Property Management Monthly Fee - $90/unit/month
Property Management Vendor Fee - ] 5% of vendor invoice with 530 min)
We look forward to working with you on the second phase of this project. If you have
any questions, please do not hesitate to contact me at (562) 590-8564. If you agree with
this fee schedule, please return a signed copy of this letter to serve as an authorization to
proceed.
Sincerely.
Mai'ek Karon
CFO
Authorization to Proceed
Name and Title
Date
~
'e
RESOLUTION NO.
2
.'
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR LAND ACQUISITION SERVICES BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND CUTLER & ASSOCIATES, INC. (HUB PROJECT PHASE II).
4
5
(,
c
WHEREAS. an area of the City of San Bernardino (the "City") generally situated along the west
8
side of Tippecanoe A venue to the north of the right-of-way of the Interstate 10 Freeway referred to as the
"HUB Project Site" is ""ithin the redevelopment project area of the Inland Valley Development Agency;
9
10
a joint powers authority formed pursuant to Health and Safety Code Sections 33492.1 0 ~ ~., for the
11
purpose of assisting in the conversion and civilian reuse of the former Norton Air Force Base and other
12
lands situated in the City; and
W1ffiREAS. the Inland Valley Development Agency, the City and Redevelopment Agency of
the City of San Bernardino (the "Agency") entered into an agreement entitled "1999 Redevelopment
Cooperation Agreement" dated as of July 12, 1999 (the "Redevelopment Cooperation Agreement"),
14
15
16
pursuant to which the Inland Valley Development Agency granted the Agency the right power and
authority to act for and on behalf of the Inland Valley Development Agency for the purposes of
17
exercising the redevelopment powers ofthe Inland Valley Development Agency; and
W1ffiREAS, the HUB Project Site contains residential and commercial developed properties,
and the Agency initiated certain studies and proposals to address a number of issues of community
18
19
20
concern on the HUB Project Site related to blight and conditions associated with obsolete commercial
21
design. deferred maintenance, traffic circulation and conflicting commercial-residential neighborhood
22
property use and community design in an effort to eliminate and prevent the spread of blight from the
23
HUB Project site; and
24
i//
,
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P:.,Clerical Senice. Uepl\.\1ar~arel rllrkn,He~oluli"n,'1003\03-0S-0511l'B CDC C Rein.doc
WHEREAS. the Agency approved a Disposition and Development Agreement. dated as of May
2
21.2001. \\ith SBT Partners. LLC ("SBT'). regarding redevelopment of the HUB Project Site (the
3
"DDA'); and
4
WHEREAS, under the DDA. SBT has elected. and the Agency has consented. to exercise
5
SBT's oplIon with respect to Phase II thereof: and
WHEREAS, under the DDA. the Agency should exert its best efforts in cooperation with the
6
"
,
Inland Valley Development Agency to the Phase II parcels containing thirty-three (33) residential units;
~
and
9
WHEREAS, the Agency, as currently staffed, does not have the manpower to manage the
10
relocation of the number of properties required for Phase II of the HUB Project \\ithin the time
II
parameters set forth in the DDA; and
WHEREAS. on July 23. 2001. the Agency approved an Agreement for Relocation Services for
12
Phase I.
14
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER. AS
15
FOLLOWS:
16
Section 1.
On May 5. 2003. the Agency considered the Professional Services Agreement
17
with Cutler & Associates, Inc., attached to this Resolution as Exhibit "A" (the "Agreement") at a public
18
meeting. The minutes of the Agency Secretary for the May 5. 2003, meeting of the Agency include a
19
record of all documents. communication and testimony submitted to the Agency regarding the
20
Agreement.
21
The Commission hereby approves the Agreement in the form attached hereto as
Section 2.
22
Exhibit "A." The Executive Director of the Agency is hereby authorized and directed to execute the
23
Agreement on behalf of the Agency together with technical and conforming changes, as may be
24
recommended by Agency Counsel.
",
Section 3
The Resolution shall become effective immediately upon its adoption.
-2-
r:',C1~ric~1 Seni~e' Dept\:\hrli:~nl Parker\Resululiom\2ll03\OJ-OS-lJ5I1l'B CHe (' Re~lI.duf
2
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDIl'IO APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR LAND ACQUISITION SERVICES BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BE~"'ARDINO
AND CUTLER & ASSOCIATES, INC. (HUB PROJECT PHASE II).
3
4
s
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
(, Community Development Commission of the City of San Bernardino at a
meeting
thereof. held on the day of
8 Commission Members: Am
9 ESTRADA
LONGVILLE
10
MCGINNIS
11
DERRY
12
SUAREZ
1 ANDERSON
14 MC CAMMACK
15
16
, 2003, by the following vote to wit: .
Absent
Abstain
Navs
Secretary
17
The foregoing resolution is hereby approved this
day of
.2003.
18
19
20
Judith Valles. Chairperson
Community Development Commission
of the City of San Bernardino
21
22
I Content:
23
By:
24
'5
i
,
"
-3-
P:\Cltrical Sl'nice\ I)epl"\lar~~rel Pari;l'r\Re~"lutjllll,'c2l1()J"'O)-05-()5 HUH cue C Re,,,.dllC
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
(CUTLER & ASSOCIATES, INC)
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into as of 2003, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a
public body existing and functioning pursuant to Health and Safety Code Sections 33000, et seq..
and Cutler & Associates, Inc. (the "Consultant"),
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES 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:
1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the
Consultant to provide the consulting services set forth in the Scope of Services attached hereto as
Attachment "A" 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
Agreement.
2. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant a fixed fee of $37,500 for
performance of the services set forth in the Scope of Services.
B. The compensation designated in subsection A shall be the 'Total Fee" for the
performance of the work 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 to perform work
pursuant to this Agreement 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 Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Agrmt for Professional Services
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 of the 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
Executive Director, within thirty (30) days of such approval.
3. 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 Agreement 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 5 p.m. Monday through Friday, excluding federal and state government holidays. In the
event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the
Agency under this Agreement, such records shall be retained by the Consultant until all such
litigation or audit has been resolved.
4. INDEMNIFICATION. The Consultant shall defend (if requested by Agency),
indemnify and hold harmless the Agency, its officials, officers, employees. attorneys.
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 acts or omissions of the Consultant. its officers,
employees, subcontractors and agents, arising from or related to performance by the Consultant
of the work required under this Agreement, except to the extent that such loss or damage may be
caused by the negligence of the Agency, its officers or employees. The costs, salary, and
expenses of the City Attorney and members of his office in enforcing this Agreement for
Professional Services on behalf of the Agency shall be considered as "attorneys' fees" for
purposes of this paragraph.
5. INSURANCE.
A. 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 Policyholder's Rating" of at least A(v), as set forth in the then most
current edition of "Best's Insurance Guide." as follows:
2
Ag.nm for Professional Services
II) c.'mrrehen.si\\.~ (iener~1 1.lahilit\ ~nd .\utomnhile Insurance rile
Cnnsultant and each nl' it:; suhcontractors shall m,\]nt~in comprchensin~ gencr~1 liahilII: ~nd
(l)l11rrChL'llsi\'L' J,utdllltlhik' liJ.hilit~ inSllral1Cl:' \\ ith a combined singl~ limit of 11\)t kss tlUll
S 1.111)11.01)1).1)0 [1er llCcurrence in completing the \\llrk reqUired undcr this\greemcnt.
(21 \\orkds Comrensatinn Insurancc. The Consultanl and each III Its
subcontr~ctors sh~ll m~intalI1 \\orker's compens~t!lJl1 CO\'er<lge in <lccord<lnce \\ith C<llilllrni<l
\\nrker:;' cllmpensation 1a\\S for <lll \\orkers under the Consult<lnt's <lnd.or subclJl1tractor's
cmpll\\nlent pcrl~JrI11ing \\ork under this .'\greement.
131 Errnrs <lnd Omissions Cover<l~e. The Consultant shall mainwin an
insurance [1'1Iicv U\\ ering liabilit\ I,ll' errors <lnd Llmissions of the Consultant in perl,mll<lnee of
the Scnpc nl' Scrvlces of this .\greement in an amount Ilf not less th<ln S 1.000.000.00.'
[3 Concurrent \\ith thc e"ecution 01' this .\gn:ement and prior to the commencement
01' an\ \\nrk h\ the Consultant. the Consult<lnt shall deli\'er to thc Agency certitic<ltes c\idcncing
the e"istcnec lll' the insurancc cm cr<lge rcquired hcrein. which eover<lgc sh<lll rcm<lin in full force
and d'i'cct continullusly throughout the term of this Agreement. Each policy of insurance that
Cnnsultant purchases in satisbction of thc insurance requirements of this .\grccment shall n<lme
thL' .\gL'llcy. its l)tliciah. ofticL'rs. ~ll1pll)YL'es. J,ttnrnL'Ys. representatiVeS. ;JnJ J.gL'l1ts as aJditional
insured ~nd shall prmide that the polic\ ma\ nllt be cancelled. terminated or modi lied. e"ce[1t
upon 30 d~IYS rrinr written IhHicL' to thL' :\gCl1cy.
iJ. O\\''\J!'RSI-III' .\'\D REI'S!' OF DOC{ '"I["'TS .'\iD OTHER \!.\TERIALS
.\'\[) l\icOR,,!..\ TION. All maps. photographs. daw. information. reports. dr<lwings.
s[1ccilications. compuwtions. notes. renderings. correspondence or other documents generated by
or eJl1 hch<llf of thc Consult<lnt Illr perlormance of the work set I(lrth in the Scope of Services
sh~ll hc the pmperty of the Agency. <lS of thc time 01' their pre[1<lration <lnd p<lyment theretore by
the Agency_ and shall be delivered to the Agenc\ u[1on written request to the Consultant.
7. PRESS RELEASES. Press or news releases. including photographs or public
<lnnouncements. or confirm<ltion of the S<lme related to the work to be performed by the
Consultant under this Agreement shall onlv be made by the Consultant with the prior written
consent ofthc Agency_
8. RESERVED.
9. DEFALTL T AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any materi<ll term or
provision of this Agreement shall constitute a default under this Agreement: 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
,
)
.\grml IlH I'rntL'Ssl(m~1 Services
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 v.Titten 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 VoTitten 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
Agreement. the rights and remedies of the parties under this Agreement 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 Agreement 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.
10. TERMINA TION.
A. This Agreement may be terminated by either party at their discretion by giving
the other party fifteen (15) calendar days prior \\Titten 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 Agreement under this section. the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar
days of such termination and without additional charge to the Agency.
11. NOTICE. All notices given hereunder shall be in VoTiting. 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 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 wTitten notice by notifying the other party in VoTiting of a new address for delivering
notice to such party.
4
Agrmt for Professional Services
CONSULTANT:
Cutler & Associates, Inc.
100 West Broadway, Suite 500
Long Beach, CA 90802
Attention: Mr. Brian Everett
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state.
and federal laws. including. but not limited to, environmental acts. rules and regulations
applicable to the work to be performed by the Consultant under this Agreement. The Consultant
shall maintain all necessary licenses and registrations for the lawful performance of the work
required of the Consultant under this Agreement.
13. NONDISCRlMINATION. 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 Agreement.
14. 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 Consultant or its
subcontractors to perform any item of work described in the Scope of Services.
IS. SEVERABILITY. Each and every section of this Agreement shall be construed
as a separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to certain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, 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 Agreement shall be valid and enforceable
to the fullest extent permitted by law.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. This Agreement supersedes all prior negotiation, discussions and
agreements between the parties concerning the subject matters covered herein. The parties
intend this Agreement to be the final expression of their agreement with respect to the subjects
covered herein and a complete and exclusive statement of such terms.
5
Agnm for I'rofessionalServices
17. AMENDMENT OR MODIFICATION. This Agreement 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.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. NON- WAIVER. Failure of either party to enforce any provision of this
Agreement shall not constitute a waiver of the right to compel enforcement of the same provision
or any remaining provisions of this Agreement.
20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without
the prior written consent of the Agency.
21. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The
persons executing this Agreement warrant that they are duly authorized to execute this
Agreement on behalf of and bind the parties each purports to represent.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one
or more counterparts. each of which will constitute an original.
23. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement
shall not be binding on the Agency, until signed by an authorized representative of the
Consultant. approved by the Agency, approved as to form by Agency Counsel and executed by
the Chairperson of the Community Development Commission of the City of San Bernardino and
the Agency Secretary.
24. CONFLICTS OF INTEREST. Consultant hereby represents that it has no
interests adverse to the Agency, at the time of execution of this Agreement. Consultant hereby
agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement
or acquire any interests detrimental or adverse to the Agency.
Additionally, Consultant shall not submit a proposal, nor shall it be a subcontractor to
another consultant, in response to any requests for proposals or qualifications distributed by the
Agency, during the term of this Agreement. Consultant may give notice to terminate this
Agreement. and after the effective date of such termination, may respond to any request for
proposals or qualifications issued by the Agency for which (i) Consultant did not prepare or
advise the Agency on any aspects thereof, and (ii) were distributed by the Agency subsequent to
the effective date of any termination of this Agreement by either party for any reason
whatsoever.
6
Agnnt for Prok"S~ional Services
Further, Consultant hereby represents and warrants to Agency that Consultant and any
partnerships. individual persons or any other party or parties comprising Consultant, together
with each subcontractor who may hereafter be designated to perform services pursuant to this
Agreement, do not have and, during the term of this Agreement, 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 \\Titing to 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 Agency as set forth in this Agreement.
IN W1TNESS WHEREOF, the parties hereto have caused this Agreement to be executed
asof the date indicated next to the authorized signatures of the officers of each of them as appear
below.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Dated:
By:
Gary Van OsdeL Executive Director
Approved at to Form and
Legal COl)l t:
CONSULTANT
By:.
Dated: 3- /6-03
CUTLER & ASSOCIATES, INC.
By: CU,^ M (.~
Mr. !1o;vM~ Cu\ter
Title: CEO al Consulta
~
By' /(
Dated: 3-10 -03
Title:
7
Agrmt for Professional Services
A TT ACHMENT "A"
SCOPE OF SERVICES
A-I
ACQUISITION
SCOPE OF SERVICES AND PROCEDURES
1. Prepare all offer letters, summary statements, and lists of compensable items of fixtures and
equipment, in accordance with state or federal regulations and approval of legal counsel.
2. Personally negotiate with the property owners and business tenants (or their appointed
representatives) for the purchase of the required property rights. The written offer to
purchase will be presented to the appropriate owners or their representatives in person,
when possible.
3. Upon the initiation of negotiations, receipted offer letters will be transmitted to the client as
soon as possible. In instances where the property owner declines to receipt for the offer to
purchase, a certification of presentation will be forwarded to the client.
4. Personal negotiations will continue with the property owners and tenants until every
reasonable effort has been expended and it appears that the only remaining method of
acquisition is through eminent domain proceedings.
5. Prepare all acquisition agreements, deeds, and other documents necessary to complete the
acquisition.
6. At such time that negotiations appear to be unsuccessful and eminent domain proceedings
have commenced, assistance necessary to aid the client's condemnation counsel will be
provided. Negotiations will continue after the filing of a condemnation action.if it is the
desire of legal counsel.
7. In the course of negotiations with the property owners and tenants, Cutler & Associates
consultants will provide all necessary information to and work with the relocation
consultant, or staff member, in order to expeditiously and professionally complete the
project.
8. A diary of all pertinent information and contacts concerning the project parcels will be
maintained.
9. A written summary of the status of the acquisition of each parcel will be provided on a
monthly basis. It is our normal procedure to discuss the acquisition with the staff on a
more frequent basis, so our clients will be kept well informed as the acquisition process
proceeds.
10. All executed documents on successfully negotiated parcels will be promptly transmitted to
client for acceptance.
ADDITIONAL SCOPE OF SERVICES
Consulting services,. in addition to those listed above, can also be provided. These additional
services consist, in part, of the following:
1. Review and analyze perimeter (project) litigation guarantees in order to identify those
specific title exceptions, (i.e., easements. oil rights etc.) that may have to be eliminated
prior to the conveyance to the redeveloper or ultimate user. Also, provide the assistance
necessary to eliminate these adverse items.
2. Review and analyze fixture and equipment appraisals in order to establish the list of
compensable items.
3. Process the acquisition documents within the client's offices and transmit the executed and
accepted documents to the appropriate parties (i.e., escrow, property owner, client's file.
relocation consultant).
4. Act as liaison with title companies and escrow agents.
5. Provide internal escrow services for partial take acquisitions and the modified bulk sale
transactions associated with the acquisition of commercial tenant's fixtures and equipment.
This service includes, but is not limited to, security interest clearance through the Secretary
of State, recordation of the sale information and publishing a notice to creditors.
6. Coordinate with Client and other consultants, prepare requested reports, attend meetings
with Client, Public or provide other required acquisition related services. including
preparation of public information brochures.
7. Subcontract for additional services that may be desired, including services such as
appraisal, title, relocation, engineering, environmental analysis.
8. Site selection and analysis, alternative route analysis, acquisition cost analysis (including
relocation, demolition, and consultant fees).
9. Coordinate other aspects of the project as requested by Client.
ACQUISITION HOURLY RATE SCHEDULE
The following is our schedule of hourly rates for providing the required services:
CORPORATE OFFICER
PRINCIPAL CONSULTANT/
GENERAL CONSULTING
$110.00 per hour
PROJECT MANAGER!
SENIOR CONSULTANT
$ 90.00 per hour
ACQUISITION CONSULTANT
(AGENT) (negotiation, general
consulting, acquisition agreement
formulation) .
$ 80.00 per hour
TECHNICIAN/ESCROW OFFICER
(document preparation,
escrow services)
$ 55.00 per hour
SECRETARIAL
(general correspondence, fixture
and equipment lists)
$ 37.50 per hour
If court appearance is required, this service will be provided at the hourly rate of $110.00 per
hour, with a minimum appearance time of four (4) hours.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 9,2003
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/2003-l7
At the Mayor and Common Council meeting of May 5, 2003, the City of San Bernardino
adopted Resolution CDC/2003-17 - Resolution approving the form of and authorizing the
execution of an agreement for relocation services between the Redevelopment Agency and
Pacific Relocation Consultants (HUB Project Phase II).
Please obtain all signatures and return the original agreement to the City Clerk's Office. If you
have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of this memorandum.
Signed:
YJ1r~j1t:Jf(' I Jf},h1
/
r;, !;<c k -::s
/ /
Please sign and return
Date:
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
FROM:
Michelle Taylor, Senior Secretary, City Clerk's Office
, rn P Margaret Parker, Secretary
TO:
SUBJECT:
Executed Document
DATE:
November 17, 2003
Enclosed is the fully executed Agreement pertaining to the following resolution:
CDC/2003-l7
Agreement for Relocation Services (Pacific Relocation Consultants)
Please let me know if you have any questions.
Thank you,
Margaret
Enclosure
cc: Barbara Lindseth (with Original Executed Agreement)
John Hoeger (with Copy of Agreement)
Barbara Sharp (with Copy of Agreement)
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): :J "5"O~2., Item #
Vote: Ayes i' '-{ I c..1 " Nays J.d-
Change to motion to amend original documents:-
12'2..') 1'\
Resolution #
c..OC )Z(;03-1<-,
,
Absent :5
Abstain (;r
Reso. # On Attachments: ---==----- Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After: -
By:
Date Sent to Mayor: :::, . (",.0 ~
Date of Mayor's Signature: 51-03
Date of Clerk/CDC Signature: (j" ~ -o::.~
Reso. Log Updated: /
Seal Impressed: ~
See Attached:
See Attached:
___ See Attached:
Date Retumed'--
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personuel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ~ No By
Yes No ----L- By
Yes No~ By
Yes No -? By
Yes No - By_
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance Dev. Services EDA / Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: _
Date:
Revised 01/12/0 I
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
c O::Jzco 3 -I f)
,
Meeting Date (Date Adopted): :5'5' 0 '<, Item # jl 2. f) 6 Resolution #
Vote: Ayes /-Y,Ic,') Nays k3 Abstain 6-
Change to motion to amend original documents:
c-
J
Absent
See Attached:"/ Date Returned: r 1- lis 03-
See Attached:
See Attached:
Reso, # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: 5-(.,' c) 3-
Date of Mayor's Signature: "5 -i-D?
Date ofClerk/CDC Signature: 5 - 'Is -0:'-:'
Date Memo/Letter Sent for Signature:
'5 - q '0'')
60 Day Remiuder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney
Parks & Rec,
Code Compliance Dev. Services
Police Public Services Water
Notes:
Null/Void After: -
Reso, Log Updated:
Seal Impressed:
~
Yes~ No By
Yes No -L-- By
Yes No ,/ By
Yes No V By
Yes No? B
EDA /'
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01
...
"'"
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): j" -5-O2l Item # R-Zf) c.., Resolution #
Vote: Ayes 1-11, Cc I ") Nays B Abstain ki-
Change to motion to amend original documents:
c [)~/ZOO 3-18
Absent S-
Reso. # On Attachments: / Contract term: ---
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Null/Vold After: -
Date Sent to Mayor: 5- 1.0 - () '::,
Date ofMayar's Signature: 5".. '1- toO)
Date of Clerk/CDC Signature: S - s - G ~
Reso. Log Updated: ,/
Seal Impressed:
Date Memo/Letter Sent for Signature:
5 C; 'C) :s
See Attached: ~ Date Returned:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request far Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes .,/ No By
Yes..E.. No / By_
Yes No ,/ By
Yes NOT By
Yes No B
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliaoce Dev. Services EDA / Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: _
Date:
Revised 01/12/01
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 9,2003
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/2003-l8
At the Mayor and Common Council meeting of May 5, 2003, the City of San Bernardino
adopted Resolution CDC/2003-18 - Resolution approving the form of and authorizing the
execution of an agreement for land acquisition services between the Redevelopment Agency and
Cutler & Associates, Inc. (HUB Project Phase II).
Please obtain all signatures and return the original agreement to the City Clerk's Office. If you
have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of this memorandum.
Signed: /) h {<',o ({ -//1/ ,/" (
/ / j Please sign and return
Date: i /;;!t" k! 3
I '