HomeMy WebLinkAboutR7-Economic Development Agency
.
.
.
.
,
ECONOMIC DEVELOPMENT AGENCY
OF TIlE CITY OF SAN BERNARDINO
(geCD D~ LJ
REOUEST FOR COMMISSION/COUNCIL ACTION
FROM: RONALD E. WINKLER
Development Director
SUBJECT:
SAN GORGONIA LAND COMPANY-
CONSULTANT CONTRACT
DATE: April 15, 1998
---------------------------------------------------------------------------------------------------------------------------------
Svnonsis ofPrevions Commission/ConncillCommlttee Action(s):
On Febnuuy 9, 1998, the Redevelopment Committee discussed and continued this item regarding a consultant contract
with San Gorgonio Land Company.
------------------------------------------------------------------------------------------------------------.-------------------------
Recommended Motlon{s):
(Commnnitv Develonment Commission)
MOTION:
That the CommlDlity Development Commission authorize the Development Director to develop and
execute an agreement with the San Gorgonio Land company (William E. Leonard) for the continuation
of services related to the analysis and implementation of strategies regarding the Arden-Guthrie area.
-------------------------------------------------------------------------------------------------------------------------------------
Contact Person(s): Ronald E. Winkler/ JPZ
Phone:
5081
Project Area(s):
N/A
Ward(s): seven
Supporting Data Attached:lBJ Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LtrlMemo
FUNDING REQUIREMENTS: AmOlmt: Not to Exceed $25 000
Low Mod
Source:
Budget Authority:
Reauested
SIGNATURE:
~~foe~
Administrator
Development
-------.--.--------------------.-----------------------.--..-------------------------------------..---------------..-----------
Commission/Counell Notes:
------------------------------------------------------------------------------------------------------------------
REW:df:04-20-01.cdc
COMMISSION MEETING AGENDA
MEETING DATE: 110"""1_ IJ; /z.{) /i9?5'
Agenda Item Number: IZ-- /
.
.
.
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
~-----------------------------------------------------------------------------------------------------------------
San GOn!onio Land Comoanv - Consultant Contract
As the Committee knows, Agency staff have used the service of San Gorgonio Land Company
(William E. Leonard) in analyzing strategies regarding the Arden-Guthrie area.
Since August of1996, Mr. Leonard has provided valuable assistance in a variety of areas
including negotiations with HUD, FDIC and various lending institutions; evaluation ofland use
alternatives; liaison with existing property owners and representatives of the Owners Association,
etc. In part, through Mr. Leonard's activities, the Agency has been able to acquire 21 properties
from HUD at a favorable price, successfully negotiated with FDIC for the acquisition and
demolition of 23 additional units, and evaluated! developed financial feasibility assessments.
However, work remains towards stabi1izing the area, consolidating ownerships and promoting
uniform property manager standards. For that reason, staff recommends continuation of the
contract for Mr. Leonard's services.
The attached agreement is presented for your consideration. The amount of compensation is
proposed at a not-to-exceed amount of$25,000, with the understanding that Mr. Leonard's
services be utilized on an as needed basis. The proposed term of the agreement is one-year.
~~f;;/~~
RONALD E. INKLER, Director
Development Department
------------------------------------------------------------------------------------------------------------------
REW:df:04-20-0I.cdc
COMMISSION MEETING AGENDA
MEETING DATE: 00100/1998
Agenda Item Nnmber: 7
.
.
.
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement Number EDA
TillS AGREEMENT made and entered into this _ day of , 1998, by
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency,
("Agency"), and San GOrlzonio Land Comnany , ("Consultant"):
RECITAL
1. PURPOSE
The purpose of this Agreement is to allow the Agency to procure the service of an
experienced professional firm to assist in the fonnation and implementation of a
revitalization plan for the Arden-Guthrie area.
TERMS AND CONDITIONS
2.
MISSION
Agency hereby retains Consultant in the capacity as Consultant for provision of services
descrlbed in Attachment I. Consultant hereby accepts such responsibility as described
herein.
3.
TERMS
This Agreement shall commence as of the day and year first above shown and shall remain
in full force and effect for a period oftwelve (12) months, unless terminated sooner as
provided herein.
4. CONSULTANT RESPONSIBILITIES
Upon the request of the Director of the Development Department or designee, Consultant
shall complete the work program descnbed in Attachment I. Consultant commits the
principal personnel listed below to the project for its duration:
Consuhant: William E. Leonard
5.
REPLACEMENT OF NAME PERSONNEL
It has been detennined that the individual(s) named in this Agreement is (are) necessary
for the successful perfonnance of this Agreement. No diversion or replacement ofthis
(these) individual(s) shall be made by Consultant without written consent of the Director
of the Development Department or designee, provided that Agency may ratifY, in writing,
within ten (10) days of diversion or replacement and such ratification shall constitute the
1
1
.
.
e
6.
Agency required by this clause. If the Director of Development or Agency fails to respond to
Consultant within ten (10) days of notification by Consultant, said personnel diversion or
replacement shall be deemed approved.
RELEASE OF NEWS INFORMATION
No news release, including photographs, public announcements or confirmation of same, of
any part of the subject matter of this Agreement or any phase of any program hereunder shall
be made without prior written approval of the Director of the Development Department or
designee.
7. CONFIDENTIALITY OF REPORTS
8.
Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder and that Agency designates as confidential.
Such information shall not be made available to any person, firm, corporation or entity
without the prior written consent of the Director of the Development Department and
Agency.
COMPENSATION
During the term ofthis agreement, Agency shall pay Consultant on a monthly basis. Said
compensation shall be considered full and complete reimbursement for all Consultant's costs
associated with the services provided hereunder. The maximum compensation for services,
including all Consultant's costs, under the terms of this Agreement, shall not exceed Twenty-
Five Thousand and 00/100 DOLLARS ($25,000).
Compensation shall be paid at the rate of $150.00 per hour. Consultants hours shall be
directed and approved by Agency on an as needed basis.
Consultant shall be paid in accordance with Agency's standard accounts payable system.
l.nvoices shall be approved by the Director of the Development Department or Agency's
designees.
9. 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.
10.
AUDIT EXCEPTIONS
Consultant agrees that in the event the program established hereunder is subjected to audit
exceptions by appropriate audit agencies, it shall be responsible for complying with such
exceptions and paying Agency in full amount of liability resulting from such audit exceptions.
2
1
.
.
.
11.
AGENCY SUPPORT
Agency shall provide Consultant with any plans, publications, reports, statistics, records or
other data or infonnation pertinent to the services to be provided hereunder which are
reasonably available to Agency.
12. INDEPENDENT CONTRACTOR
Consultant shall perform the services as contained herein as an independent contractor and
shall not be considered an employee of Agency or under Agency supervision or control.
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, employee, partnership, joint
venture, or association, between Agency and Consultant.
13. CONFLICT OF INTEREST
14.
Consuhant 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.
SUCCESSOR AND ASSIGNMENT
The services as contained herein are to be rendered by Consultant whose name is as
appears first above written and said Consultant shall not assign nor transfer any interest in
this Agreement without the prior written consent of Agency.
15.
INDEMNIFICATION
Consuhant agrees to indeIIlI1ifY, 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 workers' 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.
16.
INSURANCE
Wrthout 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 Director of the Development Department or designee within ten (10) days
of the effective date of this Agreement.
3
~
.
. 19.
e
17.
General Liabilitv: A program including, but not limited to,
comprehensive general liability with a combined single limit of not
less than $1.000.000 per occurrence. Such insurance shall be
primary to and not contnl>uting with any other insurance maintained
by Agency, and shall name Agency as an additional insured.
COMPLIANCE WITH LAWS
The parties agree to be bound by applicable federal, state and local laws, regulations and
directives as they pertain to the perfonnance of this Agreement.
18. NON-DISCRIMINATION
In the fulfilhnent of the program established under this Agreement, either as to
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of payor other terms of compensation, selection for training,
including apprenticeship or participation in the program or the 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.
SEVERABILITY
20.
In the event that any provision herein contained is held to be invalid, void or illegal by any
court of competent jurisdiction, the same shall be deemed severable from the remainder of
this Agreement and shall in no way affect, impair or invalidate any other provision
contained herein. If any such provision shall be deemed invalid due to its scope or
breadth, such provision shall be deemed valid to the extent of the scope or breadth
permitted by law. '
INTERPRET A TION
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.
21. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the retention of Consultant by Agency and
contains all the covenants and agreements between the parties with respect to such
retention.
4
1J
22- WAIVER
. No breach of any provision hereof can be waived unless in writing. Waiver of anyone
breach of any provision shall not be deemed to be a waiver of any other breach of the
same or any other provision hereof.
23. CONTRACT EVALUATION AND REVIEW
The ongoing assessment and monitoring of this Agreement is the responsibility of the
Director of the Development Department or designee.
24. TERMINATION
This Agreement may be terminated by either party by giving written notice at least
fourteen (14) days prior to the effective termination date in the written notice.
25. NOTICE
Notices, herein shall be presented in person or by certified or registered U.S. mail, as
follows:
To Consultant: William E. Leonard
. PO Box 1367
San Bernardino. CA 92402
To Agency: Director, Development Department
Economic Development Agency
of the 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
service.
26. ENTIRE AGREEMENT
This Agreement with attachments constitutes the entire understanding and agreement of
the parties.
11/1
11/1
1/11
11/1
1111
11/1
. 11/1
11/1
1111
5
'7
.
.
.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
By:
Approved as to form and
legal content:
by:
Agency Counsel
REDEVELOPMENT AGENCY
ofthe CITY OF SAN BERNARDINO
RONALD E. WINKLER
Director, Development
CONSULTANT
By:
6
fJ
.
.
.
CONSULTANT'S RESPONSIBILITIES
Assist in the development and implementation of revitalization strategy for the Arden-Guthrie
area Such assistance shall include but not be limited to:
. Evaluation of land use alternatives, circulation, security, landscape and related issues.
. Financial feasibility assessment as it relates to property acquisition and disposition.
. Assist in liaison with area property owners toward formation of a homeowners association.
. Assist in acquisition negotiations with FDIC, HUD or third party lenders owning units
through foreclosure.
. Evaluate means to reduce annual Agency operating costs in the Arden-Guthrie area.
EDA1I4-98~2.ar,m
Iff