HomeMy WebLinkAboutR05-Redevelopment Agency (2)
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Redevelopment Agency · City of San Bernardino
300 North "D" SIIee~ Fourth FJoor . San Bernardino, California 92418
(114) 384-5081 FAX (714) 888-9413
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Steven H. Dukett
Execulive Director
JUNE 26, 1989
AGREEMENTS WITH FULL SERVICE REAL ESTATE/ECONOMIC CONSULTING FIRMS
Synopsis of Previous Commission/Council/Committee Action:
6/22/89 Committee reviewed this Item and recommended approval.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
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Move to authorize execution of Agreements with Keyser Marston Associates,
Inc., Natelson-Levander-Hhltney, and Kotln, Regan and Mouch1y, Inc. for full
service real estate/economic consulting services.
Supporting data attached: Yes
FUNDING REQUIREMENTS: $36,000
Hard:
All
Project: All
Commission Notes:
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Agenda of: July 5. 1989
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Item No.
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Redevelopment Agency
S T A F F R E P 0 R T
It is requested that the Commission approve one-year agreements with Keyser
Marston Associates, Inc, ("KMA"), Natelson-Levander-Hhltney ("NLH") and Kotin,
Regan & Mouchly, Inc. ("KRM"), for the purpose of providing real
estate/economic services for the Agency on an as-needed basis.
BACKGROUND
On May 3, 1989, Agency staff issued the attached Request for Qualifications
(RFQ) for full service real estate/economic consulting services. The RFQ was
mailed to 25 firms on the Agency's Consolidated Vendors List which specialize
in real estate/economic consulting and was also advertised in local
newspapers. The RFQ requested consulting services to analyze project
feasibility, make recommendations on financial assistance needs, analyze
proposals submitted by developers, and make recommendations on negotiating
strategies.
In response to the RFQ, twelve proposals were received by the May 19, 1989
deadline. The twelve firms were:
1. PBR
2. Rick Beam & Co.
3. Kotin, Regan & Mouchly, Inc.
4. Hi 1 liams-Kuebelbeck & Associates
5. Economic Research Associates
6. Keyser Marston Associates Inc.
7. David Taussig & Associates.
8. KDG
9. Genesis Group
10. Udewitz Associates
11. Natelson-Levander-Hhitney
12. Laventhol & Horwath
Subsequently, a proposal review committee (consisting of Agency staff and
Scott Rodde of the National Development Council) reviewed the proposals and
interviewed the eight most qualified firms to assess their overall
qualifications and specific expertise to perform the required work in a timely
and cost effective manner.
Based upon the proposals submitted and the interview presentations, KMA, KRM
and NLH were rated as the most effective at meeting the Agency's needs due to
their extensive experience in commercial/industrial market analysis, pro forma
financial analysis, economic reuse analysis, project feasibility studies. and
overall experience in redevelopment matters. The total amount of real
estate/economic consulting services will be controlled by the Agency's
approved budget. For your information, in fiscal year 1987-88 the Agency
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Redev~OpDleDtAgeDCY
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required approximately $21,000 worth of real estate/economic consulting
services. For the current fiscal year, $36,000 was budgeted and it is
anticipated that we will use about $27,000 worth of services, by the end of
the year.
Given the high level of expertise of these three firms and the current and
anticipated level of Agency work, it is in the Agency's best interest to have
each firm under contract on an as needed basis. This approach makes good
business sense because, among other things, it:
1. Maintains Flexibility
Experience and capability vary between economists. Since real life
circumstances also vary, it is to the Agency's advantage to have multiple
firms available to conduct any necessary work. This procedure will ensure
that the most appropriate consultant is assigned to any particular
assignment and allows for custom tailoring of assignments.
Ensures Timely Performace
2.
Staff size and availability vary among all consultants. Since the demand
for consulting services varies depending on circumstances, it is
advantageous for the Agency to have access to multiple firms in the same
or similar areas of expertise. This approach will ensure that all
consultant assignments are treated as the highest priority and will avoid
priority conflicts. This is especially important when a large number of
consultant assignments must be effectively handled in a timely manner or
require quick turn arounds.
RECOMMENDATION
The attached contracts have been approved as to form and legal content by
Agency Counsel, and have been signed by the respective parties. It is,
therefore, requested that the Commission approve the attached agreements with
Keyser Marston, Nate1son-Levander-Hhitney, and Kotin, Regan & Mouch1y, Inc. as
real estate/economic consultants.
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Redevelopment Agency · City of San Bernardino
300 Ncrlb "D" Saeer, FaunhFloor . Sill IItmlrdiDo, c.Jifamla P2411
(714) 314-5011 FAX (714) III-N13
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&et_ R. Dullett
Euculive DincIar
May 3, 1989
REQUEST FOR QUALIFICATIONS
FULL SERVICE lEAL ESTATE/ECONOMIC CONSULTING FIRM
To Intereated Firaa:
The San Bernardino Redevelopment Aaency 18 aeelting the profeaaional conaulting
aervicea of full aervice real eatate economiata. The Aaency needa aervices
which include reviewing ud analyzing project feaaibllity, recOlDlDendationa on
finucial asaiatance needs, and independent analysia of proposals aubmitted by
developers.
c::> The aelected conaultant(a) will be required to:
* Analyze developer'a pro formas, financial records ud proposed schedule
of developlllent in order to provide independent analya18 to the Aaency
Staff and assistance during negotiation atages of development agreements;
* Provide market ualysia for a wide ruge of commercial/industrial
projects;
* Prepare reporta (in accorduce with Section 33433 of the California
Health and Safety Code) on the economic reuse value of Aaency-owned
property proposed to be aold or leaaed;
* Evaluate developments ud their impact on ezisting users (for esample,
the impact of a proposed ahopping center on exiating merchants in a trade
area;
* Provide ataff with basic data on construction costs, capitalization
rates, management feea, financing costa, changes in market trends, etc.;
and
* Meet with and/or malte preaentations before appropriate groupa or agencies
including the Community Developlllent COIDIDiasion and it'. Redevelopment
Committee.
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Redevelopment Agency
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ae: llequen for QuaUficaticnu
Hay 3, 1989
Pale Two
To be eUlib1e for conaideration, interested partiea muat aubait a
qualification propoaal to tbe Alency no later than 4:30 p... Friday, Hay 19,
1989. All propoaala abould be addreaaed to:
lledeve10pmeDt Alency of
tbe City of San Bernardino
300 North -D- Street, Fourtb Floor
San Bernardino, CA 92418
AtteDtion: Nancy Daviaon, Project Hanaler
The propoad muat apecify tbe ame and quaUficatioDl of tbe ataff m..ber(l)
to be aaailDed to thia project, inc1udinl tbeir reaponaibi1itiea, bourly
billina ratea, ezperieDce with aimilar work, availability, tbeir capabilities
relative to perforaiDI tbe needed work in abort time frues and any other
pertiDent information. The proposal abould also describe tbe fira's receDt
uperieDce witb relevant similar asail11llleDtl.
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Upon receipt of propolala, AleDcy Itaff will evaluate tbe. based upon tbeir
appropriateDel1 to tbe Alency'l needs and ..y schedule iDterviews with the
propoled ataff ...ber(s). If iDterviews are scheduled, they are anticipated
to be held durinl the week of JUDe 5, 1989. The selected consultant ia
anticipated to be notified by JUDe 12, 1989. Work is anticipated to beliD as
aoon as July 3, 1989.
No oral proposall will be considered. The Alency reserves the rilht to reject
any propo.al aDd ..y elect to make a decision witbout further dilcussioD or
nelotiation. The solicitation for proposals is not to be cODstrued as a
contract of any kind. The Alency ia lIot Uab1e for allY COStl or ezpeDBes
incurred iD the preparation of propolals.
If you bave allY queations, p1eaae direct tb.. to Ms. Nancy DaviaoD, Project
HaUler, at (714) 384-5081.
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AGREEMENT FOR PROFESSIONAL SERVICES
Alreement No.
THIS AGREEMENT ..de and entered into this dsy of , 19_,
by and between the COKHUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF 7HE CITY OF SAN
BERNARDINO, a public agency, ("Agency.), and Natelson-Levander-Wh1tney, Inc.
("Consultant"):
REC17AL
1. Purpose
The purpose of this Alreement 18 to sllow Alency to procure the service of
an experienced professional firm to provide full service real
estate/economic consulting services.
7ERMS AND COND17IONS
2. M18sion
Alency hereby retains Consultant in the capacity as Consultant for
provision of services described in Attachment 1. Consultant hereby
accepts such responsibility as described herein.
3. 7erms
Th18 Agreement shall c01l1lence as of the day and year first above shown aDd
shall remain in full force and effect for a period of one year unless
sooner terminated as provided herein. The Ezecutive Director of Alency or
his or her designee is authorized to utend this Alreement for up to one
year and approve line item adjustments to the Agreement's program budget
as 10Dg as either of such amendments are upon the same terms and
conditions as speCified herein.
4. Consultant Responsibilities
Upon the request of Aleney's Executive Director or h18 or her designee,
Consultsnt shall complete the work program described in Attachment 1.
Consultant cOlDlDits the principal personnel listed below to the project for
its duration:
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Consultant:
Jay Nate180n
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Replacement of Named Personnel
It has been determined that the individualsCs} lUlIIIed in this
Agreement are necessary for the successful performance of this
Agreeaent. No divereion or replacement of these individua18Cs}
shall be ..de by Consultant without written consent of Agency,
provided that Agency ..y ratify, in writiq, within ten C10} 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 (lO) days of notification by
Consultant, said personnel diversion or replaceaent shall be deemed
approved.
6. Release of News Information
No news release, includiq photolrapha, public announcements or
confirmation of s..e, of any part of the subject ..tter of this
Agreement or any phase of any prolram hereunder shall be ade
without prior written approval of Agency's Ezecutive Director or his
or her de81lnee.
7. Confidentiality of Reports
Consultant shall keep confidential all reports, information and data
received, prepared or assembled pursuant to performance hereunder
and that Agency desilnates as confidential. Such infomation shall
not be made available to any person, firm, corporation or entity
without the prior written consent of Agency.
8. Compensation
Duriq the term of this Alreellent, Agency shall pay Consultant on a
time and materials ba81s in accordance with Attachment II, the fee
schedule. Said compensation shall be considered full and complete
reimbursement for all of Consultant's costs associated with the
services provided hereunder.
Consultant shall be paid in accordance with Alency's standard
accounts payable system. Invoices shall be approved by Agency's
Executive Director or his or her de81lnee.
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9. !light to Audit
Aaency or any of its duly authorized representativea 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 ..kina an audit, an
ez8lllination, ezcerpts and tranacriptiona. All books, records and
aupportina detail shall be retained for a period of five (5) years
after the ezpiration of the tem of this Aareaent, or any eztension
thereof, or for any 10qer period of tille as required by law.
10. Audit Esceptions
Consultant ..rees that in the event the prograll established
hereunder 18 subjected to audit ezceptions by appropriate audit
&genciea, it shall be responsible for cOlllplyiq with such exceptions
and payina Agency the full amount of liability resultina frOll such
audit ezceptions.
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 Aaency.
o 12. Independent Contractor
Consultant shall perfom the services as contained herein as an
independent contractor and shall not be considered an ellp10yee of
Agency or under Agency supervision or control. This Agreellent 18 by
and between Consultant and Aaency, and 18 not intended, and shall
not be construed, to create the relationship of agent, servant,
ellp10yee, partnerahip, joint venture, or association, between Agency
and Consultant.
13. Conflict of Interest
Conaultant represents, warrants and agrees that it does not
presently have, nor will it acquire durina the tem of this
Agreaent, any interest direct or indirect, by contract, aployment
or otherwise, or as a partner, joint venturer or shareholder (other
than as a shareholder holdiq a one percent (1%) or less interest in
publicly traded compaDies) or affiliate with any business or
business entity that has entered into any contract, subcontract or
arranaellent with Agency. Upon ezecution of this Aarenent and
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duriq iU tera, as appropriate, Cou.w.tant ahall upon written
request, disclose in writiq to Alency any other coutractual or
emplO)'llent arraqement frOll which it receives cOIIpeuation.
Consultant alrees not to accept any employment duriq the tera of
this 'areeMnt by any other person, bualnesa or corporation vh1ch
employment v1ll or ..y likely develop a conflict of interest between
'aency's intereats and the interests of third partiea.
14.
Successor and A88ilDlDent
The aervice8 a8 coutained herein are to be rendered by Consultant
whose name i8 aa appear8 firat above written aDd sa1d Consultant
shall not asalln nor transfer any interest in thia Alreement v1thout
the prior vr1tten cousent of 'aency.
15. IndelDD1fication
Con8ultant qrees to indemnify, defend (upon reque8t by 'aency) and
88ve harmle88 'aency, its aaent8, offlcera and ellployees frOll and
ala1n8t any and all liability, upen8e, includiq defeDBe coats and
lelal fee8, and cla1m8 for d8118le8 of any nature whatsoever,
includiq, but not lilD1ted to, bodily injury, death, peraoDal injury
or property damale ar1aiq frOll or connected with Consultant'8
operation8, or its 8ervice8 hereunder, includiq any worker8'
cOllpen8ation suit, liability or upenae, ariaina from or connected
v1th the servicea performed by or on behalf of Conaultant by any
per80n purauant to thia 'areement.
o 16. In8urance
Without lilD1tiq Con8ultant'8 indemnification of Alency, Conaultant
8hall provide and mainta1n at its own upenae durlq the term of
thi8 Alreement the follov1q prolram(8) of insurance coveriq ita
operation hereunder. Such in8urance 8hall be provided by insurer(8)
8atisfactory to Asency and evidence of auch prOlr81D8 satiafactory to
Alency shall be delivered to the Ezecutive Director of 'aency or his
or her desilnee v1thin ten (10) daya of the effective date of this
'areement.
General Liability: A prolram includiq, but not lilll1ted to,
comprehensive leneral liability includlq automobile coverale
v1th a combined 8iqle limit of not le88 than *500,000 per
occurrence. Such insurance 8hall be primary to and not
coutributiq v1th any other insurance malnta1ned by Asency, and
shall name 'aency aa an additional Insured.
Workers' Compensation: A prolram 1Dcludlq workers'
compen8ation in8urance, where necessary, with 8tatutory hours.
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Failure on the part of Consultant to proeure or aaintain required
insuraDee shall conatitute a material breach of this Aire_ent upon
which Aiency may i_ediately term1nate this Airee_nt.
17.
CompliaDee with Laws
The parties earee to be bound by applicable federal, state and local
laws, reaulations and directives as they pertain to the perforll8DCe
of this Aare_ent.
18. Non-Dlacrilll1nation
In the fulfillment of the proaru established under this Aireement,
either aa to emplo)'llflnt, uparadina, demotion, transfer, recruitHnt
or recruitment advertl8lq, layoff or term1nation, rates of payor
other teras of compensation, selection for traiD1na, lncludiq
apprenticeship or participation in the proaru or the receiviq of
any benefits under the proaru, Consultent aaraes not to
discrilD1nate nor to allow any subcontractor to dl8crilll1nate on the
basis of race, color, creed, reliaion, natural oriain, aDeestry,
su, aarital status or physical handicap.
19.
Severability
In the event that any provision herein contained is held to be
invalid, void or illeaal by any court of competent jurisdiction, the
same shall be deemed severable from the remainder of this Aareement
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.
20.
Interpretation
No proviaion of this Aareement ia to be interpreted for or aaainst
either party because that party or that party's leaal representative
drafted such provision, but this Aareement 18 to be construed as if
it _re drafted by both parties hereto.
21. Entire Agreement
.5085G
This Aareement supersedes any and all other aareements, either oral
or in writiq, between the parties hereto with respect to the
retention of Consultant by AieDeY and contains all the covenants and
aareements between the parties with respect to such retention.
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22.
Waiver
No breach of any provbion hereof can be waived unless in writiug.
Waiver of any oue breach of any provision ahall not be deeaed to be
a waiver of any other breach of the aame or any other proviaion
hereof.
23.
Contract Evaluation and Review
The ougoiug aBBessllent aud .ouitoriug of this Agreement is the
responsibility of Agency's Ezecutive Director or his or her designee.
24. Termination
Thb Agreement ..y be teraiuated by either party by giviug written
notice at least five (S) daya prior to the effective terainatiou
date in the written notice.
2S. Notice
Notices, herein shall be preaented in person or by certified or
registered U. S. 111811, as follows:
To Consultant:
Natelson-Levauder-Whituey, Inc.
10960 Wibhire Boulevard, Suite 222
Los Auge1es, Ca1ifornis 90024
To Agency:
Ezecutive Director
Redevelop.ent Agency of the City of
San Bernardino
300 North -D- Street, Fourth Floor
San Bernardino, California 92418
Nothiug in this paragraph shall be construed to prevent the giviug
of notice by persoua1 service.
26. Entire Agreement
This Agreement with attachaenta constitutes the entire uuderstandiug
aud agreement of the parties.
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IN WITNESS lIHEREOF. the partiea hereto have cauaed this Agreement to
be uecuted as of the day and year first above shown.
Approved as to fona and
legal content:
By: ~~~~t7_ L
./ Agen Counsel t..
Approved as to program:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
BY.~~-~~ --
. 7;>
ion Manager
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COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO. on behalf
of the llEDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Ezecutive Director
CONSULTANT
By:
Title:
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%If 111m.. VRlUOP. tbe ,.nl.. bento be.. oalln' tM. Atl'UMat to
be UlOlIU' .. ., tbe 4q aM y..r Urat alto.. .!lotta.
APPfOve4 .. to fon a_
11111 eOlltnt:
Approve4 II to proar..,
IIDEVILOPHENT AGENCt or m
CITY OF SAN UlNW)IHO
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1)1 YfilOi"ic.aqer
GOMIIIJII1ft DIVILOlIIIIII CO_'ll. or
!HI eIn 0' WlIIUAlMtrO. .. ..~
of ,I.. lDlQLOlMIH! .obey or m
CITY or BAIt BEWlDIIO
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W~K~OOR~
Consultant will be required to:
* Analyze developer's pro formas, financial records and proposed
schedule of development in order to provide independent analysis to
the Agency Staff and assistance during negotiation stages of
development;
* Provide market analysis for a wide range of co..ercial/industrial
projects;
* Prepare reports (in accordance with Section 33433 of the California
Health and Safety Code) on the economic reuse value of Agency-owned
property proposed to be sold or leased;
* Evaluate developments and their impact on existing users (for
exaaple, the impact of a proposed shopping center on existing
Berchants in a trade area;
* Provide staff with basic data on construction costs, capitalization
rates, management fees, financing costs, changes in market trends,
etc;
*
Meet with and/or make presentations before appropriate groups or
agencies including the Community Development Commission and the
Redevelopment Committee; and
* Provide such other services as are appropriate.
ATTACHMENT I
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The hourly billina rate. for NLW personnel are a. follova:
PriDCipals
Senior Associates
A.sociates
Research Analysts
Clerical
ATTACHMENT II
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h25
$ 85
$ 65 - $ 75
$ 40 - $ 50
$ 30
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AGREEMENT FOR PROFESSIONAL SERVICES
Agreeaent No.
THIS AGREEMENT ..de and entered into thia day of ,19 ,
by and between the COMKUNln DEVELOPMENT COMMISSION OF THE Cln OF SAN -
BERNAllDINO, on behalf of the UDEVELOPMENT AGENCY OF THE Cln OF SAN
BERNARDINO, a publie ageney, C" Ageney"), and Kotin, Il.egan and Mouchly, Inc.
C"eonaultant"):
RECITAL
1. Purpoae
The purpoae of thia Agreement 1a to allow Ageney to procure the aervice of
an experienced profeaa1onal firm to provide full aerv1ce real
eatate/econOll1c eousult1ng aervicea.
TERMS AND CONDITIONS
2. M18sion
Ageney hereby retdna Conaultant in the capacity
provi81on of aerv1eea deacribed in Attachment I.
accepta auch responsibility aa described herein.
as Consultant for
Consultant hereby
3. Terms
Thia Agreement ahall eo_enee as of the day and year first above shown and
ahall remain in full foree and effeet for a period of one year unless
aooner terminated aa provided herdn. The Ezeeutive Direetor of Agency or
his or her de81gnee 18 authorized to extend this Agreement for up to one
year and approve line item adjuatments to the Agreement's program budget
as long as either of sueh amendments are upon the same terms and
eonditious as specified herein.
4. Consultant Il.eapousibilities
Upou the requeat of Ageney's Exeeutive Direetor or h18 or her designee,
Consultant ahall complete the worlt program deacribed in Attachment I.
Consultant eolDlD1ts the prineipal peraoune1 lined below to the project for
its duration:
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Consultant:
c::; Allan Kotin
S. Replacement of NlIIIt!d Peraonnel
It has been deteraa1Ded that the individuals(s) lI&IIed in this
Agreellent are necessary for the successful performance of this
Agreement. No divera10n or replacement of these individuals(s)
shall be made by Consultant without written consent of Agency,
provided that Agency uy ratify, in wr1tina, within ten (10) days of
diversion or replacement and such ratification ahall constitute the
consent of Agency required by thia clause. If Agency fails to
respond to Conaultant within ten (10) days of notification by
Consultant, said personnel diveraion or replacement shall be deelled
approved.
6. Release of News Inforaaation
No DeWS release, includina photographs, public announcements or
confirmation of S&lle, of any part of the subject utter of this
Agreellent or any phase of any progr&ll hereunder shall be aade
without prior written approval of Agency's Executive Director or his
or her designee.
7.
Confidentiality of Reports
Consultant shall keep confidential all reports, inforaation and data
received, prepared or assellbled pursuant to performance hereunder
and that Agency designates as confidential. Such inforaaation shall
not be lIade available to any person, fira, corporation or entity
without the prior written consent of Agency.
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Compensation
Durina the tera of this Agreement, Agency shall pay Consultant on a
tille and materials basis in accordance with Attachment II, the fee
schedule. Said compensation shall be considered full and complete
re1mbursellent for all of Consultant's costs associated with the
services provided hereunder.
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.
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9. R.ight to Audit
Agency or any of iU duly authorized representatives shall have
access to any books, docUMnU, papers and records of Consultant
and/or its subcontractors which are pertinent to the apecific
program hereunder for the purpose of mak1ua an audit, an
examination, excerpts and transcriptiona. All books, records and
aupportiua detail ahall be retained for a period of fhe (S) years
after the espiration of the term of this Agre8118nt, or any extension
thereof, or for any louaer period of till8 as required by law.
10. Audit !sceptiona
Consultant aarees that in the event the program established
hereunder is subjected to audit exceptions by appropriate audit
aaencies, it ahall be respona1ble for cOIIplyiua with such esceptions
and payiua Agency the full amount of liability resultiua frOll such
audit exceptions.
11. Agency Support
Agency shall provide Consultant with any plana, publicationa,
reports, statistics, records or other data or infor.ation pertinent
to the services to be provided hereunder which are reasonably
available to Agency.
o 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. Th1a Agreement 18 by
and between Consultant and Agency, and 18 not intended, and shall
Dot be conatrued, 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, Dor will it acquire duriua 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 holdiua a one percent (11) or less interest in
publicly traded compaDies) or affiliate with any wsiness or
business entity that has entered into any contract, subcontract or
arrauaement with Agency. Upon execution of this Agreement and
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during its term, as appropriate, Consultant shall upon written request,
disclose in writing to Agency any other contractual employment arrangement
from which it receives compensation. Consultant agrees not to accept any
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.
14. Successor and Assi2nment
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
Consultant agrees to indemnify, defend (upon request by Agency) and save
harmless Agency, its agents, officers and employees from and against any
and all liability, expense, including defense costs and legal fees, and
claims for damages of any nature whatsoever, including, but not limited
to, bodily injury, death, personal injury or property daaage that may
arise or result from the wrongful or negligent acts or omissions or the
allegedly wrongful or negligent acts or omissions of consultant, its
officers, agents or employees, including any workers' cospensation 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) 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
Executive Director of Agency or his or her designee within ten (10) days
of the effective date of this Agreement.
General Liabilitv: A program including, but not limited to,
comprehensive general liability including automobile coverage with a
combined single limit of not less than $500,000 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.
~orkers' ComDensation: A program including worker's compensation
insurance, where necessary, with statutory hours.
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Failure on the part of Consultant to procure or maintain required
insurance ahall constitute a material breach of thia Agreaent upon
which Agency may i_diately terminate this Agreellent.
17.
Compliance with Laws
The parties agree to be bouDd by applicsble federal. atate aDd local
laws. regulations aDd directives as they pertain to the perfomBnce
of thia Agreaent.
18. Non-Diacrimination
19.
20.
In the fulfillllent of the program establiahed uDder this Agreement.
either as to eaplGyll8nt. upgrading. demotion. transfer. recruitment
or recruitment advertising. layoff or termination. rates of payor
other terms of compensation. aelection for training. including
apprenticeahip or participation in the program or the receiving of
any benefiu uDder the program. Consultant agreea not to
diacriminate nor to allow any aubcontractor to diacrillinate on the
baala of race. color. creed. religion. natural origin. ancestry.
su, marital atatus or phySical haDdicap.
Severability
In the event that any proviaion herein contained ia held to be
invalid. void or illegal by any court of competent jurisdiction, the
aame shall be deemed aeverable from the remaiDder of thia Agreement
aDd shall in no way affect, impair or invalidate any other provision
contained herein. If any auch provision shall be deemed invalid due
to its acope or breadth, auch provia1on ahall be deemed valid to the
utent of the scope or breadth permitted by law.
Interpretation
No provision of thia Agreement ia to be interpreted for or againat
either party because that party or that party' a legal repreaentati ve
drafted such proviSion, but this Agreement 18 to be construed as if
it were drafted by both parties hereto.
21. Entire Agreement
5082G
This Agreement supersedes any aDd all other agreements, either oral
or in writing, between the parties hereto with reapect to the
retention of Consultant by Agency and contains all the covenants and
agreements between the parties with respect to such retention.
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22. Waiver
No breach of .ny provi8:l.on hereof c.n be waiv.el unle.. in writing.
Waiver of .ny one br.ach of .ny provi8:l.0n .hall not be eleeaeel to be
. waiver of .ny other bre.ch of the ....e or .ny other provi.ion
hereof.
23. Contr.ct Evaluation .DelReview
The ongoing ...e....nt .Del monitoring of thi. Agreement 18 the
responsibility of Agency'. Ezecutive Director or hi. or her ele.ignee.
24. Termination
This Agreement ..y be teminated by either party by giving written
notice at least five (5) days prior to the effective temination
date in the written notice.
25. Notice
Notices, herein .hall be presented in person or by certified or
regi.tereel U. S. ..il, as follows:
To Consultant:
Kotin, Regan & Kouchly, Inc.
11611 San Vicente, Suite 700
Los Angeles, CA 90049
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 .hall be construed to prevent the giving
of notice by personal .ervice.
26. Entire Agreement
This Agreement with attachments constitutes the entire uDelerstaDeling
aDel agreement of the parties.
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IN WITNESS WIIEllEOF. the parties hereto have caused thia Agreement to
be executed as of the day and year first above shOWl1.
Approved as to fom and
legal content:
By: ~(~ J
./ Age ounsel-
Approved as to progr8ll:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNAlUlINO
By:
~~-
sion Manager
S082G
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO. on behalf
of the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BElUWlDINO
By:
Ezecutive Director
CONSULTANT
By:
Title:
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~RK~OOR~
Consultant will be required to:
* Analyze developer's pro formas, financial records and proposed
schedule of development in order to provide independent analysis to
the Agency Staff and assistance during negotiation stages of
development;
* Provide market analysis for a wide range of commercial/industrial
projects;
* Prepare reports (in accordance with Section 33433 of the California
Health and Safety Code) on the economic reuse value of Agency-owned
property proposed to be sold or leased;
* Evaluate developments and their impact on existing users (for
example, the impact of a proposed shopping center on existing
merchants in a trade area;
* Provide staff with basic data on construction costs, capitalization
rates, management fees, financing costs, changes in market trends,
etc;
*
Meet with and/or make presentations before appropriate groups or
agencies including the eommunity Development Commission and the
Redevelopment Committee; and
* Provide such other services as are appropriate.
ATTACHMENT J
CJ ()
San Bernardino RFQ fOf' ReaJ EsIate/Ecollomlc 5eMces
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May 19, 1989
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KOTIN, REGAN Be MOUCHLY, INC.
SCHEDULE OF CHARGES-
Standard Rates..
Principals $150 per hour
Senior Associates $110 per hour
Associates (A) $ 85 per hour
Associates (8) $ 65 per hour
Associates (q $ 45 per hour
Data Entry and Client-Directed
PrOduction Services $ 30 per hour
In-House Computer Use $ 15 per hour
'0 Sub-Contractors Cost + 15"
Out-of.Pocket Expenses At Cost
· Effectl\le January 1, 1989. KRM custcxnarlIyadjusts rates annually.
.. Expert witness testimony and International assIgM1eI.b are subject to spedaI arrangements.
B1WNC POUOES
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1. N a general rule, KRM bills for Its services and other costs monthly, unless other specific
c:ontractuaJ arrangements have been made. Sdls are due and payable In full within 30 days
of lnIIIlice date. If bills are not paid within 30 days of irMllce date, KRM reserves the right to
cease work on the dient's assignments.
2. Questions about billings must be addressed In writing to KRM within 21 days of date of
Invoice. The absence of any such Inquiries shall be deemed acknowledgement of KRM's
seMces and agreement with KRM's charges fOf' such services. Olents are responsible for any
attorney's fees and other collection costs.
ATTAL'llMENT II
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AGREEMENT FOR PROFESSIONAL SERVICES
Agreement No.
THIS AGREEMENT made and entered Into thIs _____ day of . 19__.
by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO. on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO. a publlc agency. ("Agency"). and Keyser Marston. Inc.
("Consultant"):
RECITAL
1. PurDose
The purpose of thIs Agreement Is to allow Agency to procure the servIce of
an experienced professional fIrm to provIde full service real
estate/economic consultIng services.
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 one year 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 one
year 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 ResDonslbllltles
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:
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Consultant:
Kathy Head
5. ReDlacement of Named Personnel
It has been determined that the Indlvlduals(s) named In this
Agreement are necessary for the successful performance of this
Agreement. No diversion or replacement of these Indlvlduals(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 falls 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.
Confldentlalltv of ReDorts
7.
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 Agency.
ComDensatlon
During the term of this Agreement, Agency shall pay Consultant on a
time and materials basis In accordance with Attachment II, the fee
schedule. Said compensation shall be considered full and complete
reimbursement for all of Consultant's costs associated with the
services provided hereunder.
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.
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12.
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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 ExceDtlons
9.
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. Agencv SUDDort
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.
IndeDendent 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
50B3G
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 (It) 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
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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.
14. 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
Consultant agrees to Indemnify, defend (upon request by Agency) and
save harmless Agency, Its agents, officers and employees from and
against any and all liability, expense, Including defense costs and
legal fees, and claims for damages of any nature whatsoever,
Including, but not limited to, bodily Injury, death, personal Injury
or property damage arising from or connected with Consultant's
operations, or Its services hereunder, Including any 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) 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 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 automobile coverage
with a combined single limit of not less than $500,000 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' ComDensatlon: A program Including workers'
compensation Insurance, where necessary, with statutory hours.
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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. ComDllance 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.
lB. Non-DIscrImInatIon
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.
19. SeverabIlIty
In the event that any provIsIon hereIn contaIned Is held to be
InvalId, voId or Illegal by any court of competent jurIsdIctIon, the
same shall be deemed severable from the remaInder of thIs Agreement
and shall In no way affect, ImpaIr or InvalIdate any other provIsIon
contaIned hereIn. If any such provIsIon shall be deemed InvalId due
to Its scope or breadth, such provIsIon shall be deemed valId to the
extent of the scope or breadth permItted by law.
InterDretatlon
20.
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 Aareement
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.
SOB3G
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22. Wa her
No breach of any prov's'on hereof can be waIved unless 'n wrItIng.
WaIver of anyone breach of any prov's'on shall not be deemed to be
a wa'ver of any other breach of the same or any other prov's'on
hereof.
23. Contract Evaluat'on and Rev'ew
The ongoIng assessment and mon,tor'ng of th's Agreement 's the
respons'b'llty of Agency's Execut've O'rector or hIs or her des'gnee.
24. Term'nat'on
ThIs Agreement may be term'nated by e,ther party by g'v'ng wr'tten
notIce at least f've (5) days pr'or to the effect've termInatIon
date 'n the wrItten not'ce.
25. NotIce
Not'ces, hereIn shall be presented In person or by certIfIed or
regIstered U. S. mall, as follows:
To Consultant:
Keyser Marston, Inc.
500 S. Grand, SuIte 1480
Los Angeles, Cal'fornla 90071
ExecutIve DIrector
Redevelopment Agency of the C,ty of
San BernardIno
300 North "0" Street, Fourth Floor
San BernardIno, CalIfornIa 92418
NothIng In thIs paragraph shall be construed to prevent the g'vlng
of not'ce by personal servIce.
To Agency:
26. EntIre Aareement
ThIs Agreement wIth attachments const'tutes the entIre understandIng
and agreement of the partIes.
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IN WITNESS WHEREOF, the partIes hereto have caused thIs Agreement to
be executed as of the day and year fIrst above shown.
Approved as to form and
legal content:
B7~~~~)
Approved as to program:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By: ~lA..-~
Ion Manag r
SOB3G
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, on behalf
of the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
ExecutIve DIrector
CONSULTANT
By:
TItle:
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o J\J'i 19 '89 1.Z:~KEY5ER ~~;L.,~..,.", 4"'~'::':'~~';~J../~rt>:::'::i~;)~;:~ti:';~:l!~.~~~:
- ' .' . .. _', ,.;.-V' :. ...:: _-.-"" ".;:.' ....:-:.",..:~-,,..t:~':::.:...
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iN WITNESS WHEREOF, th, partf.s her.to have caus.d thIs Agre.ment to
b. .xecuted II of the d~ and 1.lr f'rlt lbov. shown.
COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF $AN BERNARDINO, on b.llalf
of the REDEVELOPMENT AGENCY OF THE
CITY Of SAN BERNARDINO
Iy:
CONSULTANT
Iy: ~~~d
Tltl.: ~.~ t ,ir&-I
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Approved al to form and
1"11 content:
g.
Approv.d I' to program:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Iy:
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WORK PROGRAM
Consultant will be required to:
* Analyze developer's pro foraas, financial records and proposed
schedule of developaent in order to provide independent analysis to
the Alency Staff and assistance durinl nelotiation stales of
developaent;
* Provide aarket analysis for a wide ranle of comaercial/industrial
projects;
* Prepare reports (in accordance with Section 33433 of the California
Health and Ssfety Code) on the econoaic reuse value of Alency-owned
property proposed to be sold or leased;
* Evaluate developments and their iapact on existinl uaers (for
exaaple, the iapact of a proposed shoppinl center on existinl
aerchants in a trade area;
* Provide staff with basic data on construction costs, capitalization
rates, aanaleaent fees, financinl costs, chanles in market trends,
etc;
*
Meet with and/or make presentations before appropriate Iroups or
alencies includinl the Co.munity Development Commission and the
Redevelopment Committee; and
* Provide such other services as are appropriate.
ATTACHMENT I
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KEYSER HARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
1989
A. JERRY KEYSER. $140.00
SENIOR PRINCIPALS. $135.00
PRINCIPALS. $130.00
SENIOR ASSOCIATES. $110.00
ASSOCIATES $ 95.00
0
SENIOR ANALYST $ 80.00
ANALYST $ 70.00
TECHNICAL STAFF $ 46.00
ADMINISTRATIVE STAFF $ 41.00
Directly related job expenses not included in the above rates
are: auto mileage, air fares, hotels and motels, meals, car,
rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses
will be billed at 110\ of cost.
o
Monthly billings for staff time and expenses incurred during the'
period will be payable within thirty (30) days of invoice date.
A charge of 1\ per month will be added 'to all past due accounts.
.Rates for individuals in these categories will be increased by
50\ for time spent in court testimony.
ATTACHMENT II