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HomeMy WebLinkAboutR04-Economic Development Agency . . - -- -- . . AGENDA ITEM INFORMAnON SUMMARY GENERAL INFORMATION: .- Lh~u:t VI It. .:ba~... ~ ~ P.~ 2J/~ /I - "T':" Aulhor &c7.c//_ ....JA-I4t~ Ext. Ward ~ pIlIjed Area #" tJ ludlllllAUlhDriIY. r.3 0 c)() () Y9 - '7r Il,..,),,?' ') ClImmllIM CllmmiulonlCouncll F11I1lDalea UMli1g 0... II h 3 / If FundingRequlrements ~~, d'S- RDA MANAGEMENT REVIEW: CLEARANCES: 0.1e ~~ L'/~ - . & ~ (C, ,C;- ,/. h //-.;:>.0 y? Date 11-20-ls1' //-.JC-/r"J , Ilhn , ~;~- ~~J... GO- CITY DEPARTMENTAL REVIEW: Va MIA a-O ~ ~~~I/'~.n o 0 CIIy~ 0.10 ~Dapt e RDA Commtn.. recomtNttdMlon By llepL By "FORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES: Sent 10 Iy Date Mayor's 0lI1ce CouncIl Ward Council Ward CouncIl Ward Council Ward Department Department COMMENTS/CONCERNS: Include pertinent commentl Ind concernl of Offk:lllnd persons cltarlng the IUmmlry, luch II contlOv.ralllluull, tlm. conllralntl Ind funding compllcltlonl.lndlclt. datel when 8Ctlon mull be tlkln. RDA .174 REV.6-29-89 It Lf e e e - - - - - - . . Redevelopment Agency . City of San Bernardino 300 Ncrth "0" S_~ Fourth Floor . Sill Bernardino, California 92418 (714) 384-5081 FAX (714) 888-9413 eo In"'; ~ W- NOVEMBER 20, 1989 CONTRACT HITH DUKES & DUKES ASSOCIATES TO DEVELOP A LONG TERM USE, MANAGEMENT AND IMPLEMENTATION PLAN FOR THE PUBLIC ENTERPRISE CENTER Synopsis of Previous Commission/Council/Committee Action: 02-06-89 Approved the development of long-term plan for PEC. 02-06-89 Approved formation of a Committee/Task Force. Recommended Motion: (COMMUNITY DEVELOPMENT COMMISSION) That the Commission approve execution of the attached contract with Dukes & Dukes Associates to develop a long term use, management and implementation plan for the Public Enterprise Center at a cost of $29,885. Respectfully Submitted, -kR~L~ . [) _Obert J. 'Temple, Acting Executive Director Supporting data attached: YES Hard: 6 FUNDING REQUIREMENTS: $29,885 Project: NH Commission Notes: RT:EJ:sm:2525H Agenda of: December 4, 1989 Item No. .' e e e . . lease/lIcense agreements). and establIshment of a capItal replacement reserve account. The PEC management plan wIll also Include an analysIs of the CIty's exIstIng system for processIng of CondItIonal Use PermIts (CUP) for buIlding tenants and recommendations for streamlInIng the CUP process. 5. Consistent wIth the proposed long-term use polley and management plans of the PEC. analyze the physIcal IntegrIty of the PEC and develop a specifIc scope of work and cost estImate for Its renovatIon. IncludIng tenant Improvements as approprIate. 6. Meet. wIth the Task Force and Agency staff as approprIate. relatIve to the uses. management and Implementation of the long-term use plan for the buIldIng (a mInimum of fIve meetIngs). In addItion. meet one tJme wIth the CommunIty Development CommissIon (the Agency's governIng board) and one tIme wIth a subcommittee composed of three CommIssIon members. 7. Prepare Draft Report: The followIng work products shall be produced by the consultant and Included In the draft fInal report: a. Executive Summary; b. Analysis and descrIptIon of potentIal buIlding uses; c. Physical analysis; d. long-term use plan; e. BuIlding management and ImplementatIon plan; and f. Cost estImate of general repaIr to buIldIng to meet CIty standards. 8. DelIvery of Draft Final and FInal Report: Subsequent to receipt of Agency staff and PEC Task Force Input on the draft report. the consultant shall provIde one reproducIble qualIty copy of a draft fInal report (unbound) to the Agency for revIew and comment. WIthin ten (10) workIng days of receIpt of comments on the final draft report. the consultant shall deliver to the Agency one reproducIble qualIty copy of the final report (unbound) plus all presentatIon boards. data materIals and research materIals. The above noted work elements must be completed wIthin ninety (90) calendar days of receIpt of notice to proceed. 14445 - 2 - . . Redevelopment Agency e S T A F F R E P 0 R T It is recommended that the Commission approve the attached contract with Dukes & Dukes Associates for a long term use, management and implementation plan for the Public Enterprise Center located at 1505 W. Highland Avenue (See Exhibit A) . BACKGROUND Since the closing of Operation Second Chance, there has been no clear plan for the long term use of the Public Enterprise Center (PEC). At one time the Agency issued an Request For Proposal for a buyer or master tenant for the building which was aimed at finding a major educational user to operate the building. No user was located although several expressed preliminary interest. e . Although staff has not sought users for the building, several have come forward. Currently, the Agency has leases with the Postal Annex, The Drop-In Center, Peoples Choice, the Northwest Project Area Committee, the CATV and the Ll brary. On February 6, 1989, the Commission approved the development of a long-term use, management and renovation plan for the PEC and the formation of a Citizens Advisory Committee/Task Force to assist in the preparation of plans. On July 19, 1989, after much consultation with the task force, the Agency invited fifty-one (51) consultants to submit proposals to develop a plan for the PEC. Staff also ran ads in the local newspapers. Only one consultant, Dukes & Dukes Associates, submitted a proposal. On October 24, 1989 Agency staff and the Committee/Task Force interviewed Dukes & Dukes Associates. Based upon their written proposal and the interview process, it is recommended that the Agency contract with Dukes & Dukes Associates to analyze the long term use of the PEC. RECOMMENDA TI ON The attached contract for consulting services has been signed by Dukes & Dukes Associates and has been approved as to form and legal content by Agency Counsel. It is therefore recommended that the Commission approve the attached contract with Dukes & Dukes Associates to develop a long term use management and implementation plan for the Public Enterprise Center at a cost of $29,885. e RT:EJ:sm:2525H 3 . . . , . .. . . . AGIl.EBIIENT FOR raOPBSSIOHAL SBl.VICES Agreement No. THIS AGIl.EBIIENT made and entered into this day of , 19 ,by and between the COtIMONITY DBVBLOPKENT C<IIMlSSION or DIE CITY or SAif"BERNARDINO, on behalf of the REDIVELOPKENT AGENCY or rIlE CITY or SAN BERNARDINO, a public agency, ("Agency"), and Dukes & Dukes Associates, ("Consultant"): IlECITAL 1. Purpose The purpose of this Agreement is to allow Agency to procure the service of an experienced professional firm to develop a long-term use management and implementation plan for an Agency-owned multi-purpose building. TERMS AND CONDITIONS 2. Mission Agency hereby retains Consultant in the capacity as Consultant for provision of services described 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 of 90 days unless sooner terminated as provided herein. The Executive Director of Agency or his or her designee is authorized to extend this Agreement for up to six months and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms and conditions as specified herein. 4. Consultant Responsibilities Upon the request of Agency's Executive Director or his or her designee, Consultant shall complete the work program described in Attachment I. Consultant commits the principal personnel listed below to the project for its duration: Consultant: John Dukes Vivian Nash Dave Scoles Ron Weers Darcel Jamerson Doris Gooden - 1 - .' . . . ~ -- ~ - -- - ..... . . 5. Ileplac_t of Hlmed PersODDe1 It has been determined that the individua1s(s) named in this Agreement are necessary for the successful performance of this Agreement. No diversion or replacement of these individua1s(s) shall be made by Consultant without written consent of Agency, provided that Agency may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If Agency fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. 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 Agency's Executive Director or his or her designee. 7. Confidentiality of Ileports 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 Agency. 8. CoIIpensation Compensation shall be considered full and complete reimbursement for all of 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 $29,885.00. Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by Agency's Executive Director or his or her designee. 9. light 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. - 2 - . . . - . 14. - ---..---.. --- -- . . 10. Audit Ezceptions 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 the full amount of liability resulting from such audit exceptions. 11. Agency Support Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information 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 Consultant represents, warrants and agrees that it does not presently have, nor will it acquire during the term of this Agreement, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with Agency. Upon execution of this Agreement and during its term, as appropriate, Consultant shall upon written request, disclose in writing to Agency any other contractual or employment arrangement from which it receives compensation. Consultant agrees not to accept any employment during the term of this Agreement by any other person, business or corporation which employment will or may likely develop a conflict of interest between Agency's interests and the interests of third parties. 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. - 3 - - - - - - .' . . 15. lDd~fieatiOD e Consultant agreea to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees frOlll 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 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) ot 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 Executive Director of Agency or his or her designee within ten (10) days of the effective date of this Agreement. - General Liability: A program including, but not limited to, comprehensive general liability including autOlllobile coverage with a cOlllbined single limit of not less than '300,000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. Workers' Coapensation: A program including workers' compensation insurance, where necessary, with statutory limits. Failure on the part of Consultant to procure or maintain required insurance shall constitute a material breach of this Agreement upon which Agency may immediately terminate this Agreement. 17. Compliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 18. Non-Discrimination e In the fulfillment 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. - 4 - - ~ . . 19. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent juriadiction, 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. e 20. 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. 21. Entire Agre_ent 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. 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 leview The ongoing assessment and monitoring of this Agreement is the responsibility of Agency's Executive Director or his or her designee. 24. Teraination This Agreement may be terminated by either party by giving written notice at least five (5) 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: Dukes & Dukes Associates 1875 West Highland Avenue San Bernardino, California 92405 e - 5 - . . . .. . . . To Agency: Executive Director Redevelopment Agency of the City of San Bernardino 300 North "D" Street, Fourth Floor San Bernardino, California 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 26. Entire Agre_ent 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 CCIlIfISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDBVELOPMENT AGBNCY OF THE CITY OF SAN BERNARDIBO - By: ~~~"1:~ive ~~ctor CONSULTANT >y. ~~~ Title: VI cJ-J i~~ Ap~ovedas tofo~and legal content: ~J Age Counsel Approved as to program: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDIBO By: ~.~ v onKa r - l443S - 6 - . . . .. . . . Redevelopment Agency ATTACHMENT I Work Program DEVELOPMENT OF LONG-TERM PLAN FOR THE USE OF THE PUBLIC ENTERPRISE CENTER The Redevelopment Agency of the City of San Bernardino (Agency) requires expert consultant services to develop a long-term use, management and renovation plan for an Agency-owned multi-purpose bulldlng known as the PUbllc Enterprise Center (PEC). The building Is located In the Agency's Northwest Redevelopment Project Area at 1505 West Highland Avenue approximately 1/4 of a mile west of Interstate 215 freeway. Consisting of 2B,OOO square feet of gross area, the bUl1dlng was originally constructed and enlarged over ten years ago by Operation Second Chance, a now defunct non-profit jobs training corporation, with funds provided by the United States Department of Commerce, E~onomlc Development Administration (EDA) on Agency-leased land. Title to the building has now vested with the Agency. The use of the building Is restricted by a general covenant with EDA. The Agency has formed a Public Enterprlse Center Task Force (Task Force) of private citizens and representatives of City officials to recommend a long-term use for the building. The selected consultant, together with the Task Force and Agency staff, wlll: 1. Identify and analyze all potential specific uses allowable under the EDA general covenant. Uses considered may Include, but not be limited to: a. Business Incubator Program; b. Minority Business Development; c. Child Care Services; d. Educational and vocational tralnlng programs; e. Offices for community based organizations; f. Minority Health/Community Health Promotion Programs; and g. Senior and Handicapped Service Programs. 2. Review and analyze the current status of the building to Include current uses, amount of common and leasable square footage, general deslgn and layout, and current phYSical condltlon. 3. Based upon the data gathered, develop and recommend a specific PEC long-term use policy. 4. Consistent with the proposed long-term use of the PEC, develop a specific self-sufficient PEC managment plan which Identifies the responsible entity for building management, outlines financial standards for space rental rates, common area maintenance, security and utility payments (Including recommended standard