HomeMy WebLinkAboutR02-Redevelopment Agency
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Redevelopment Agency · City of San Bernardino
300 Nor1h "D" SIreeI, Founh Floor . San Bomordino, CIIitilmia 92A18
(714) 384-S081 FAX (714) 888-9413
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MAY 18, 1990
ENTERPRISE ZONE APPLICATION
Synopsis of Previous Commission/Council/Committee Action:
NONE
Recommended Motion:
(COMMUNITY DEVELOPMENT COMMISSION)
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Move that the Community Development Commission approve and adopt the
proposed Agreement between the Redevelopment Agency of the City of San
Bernardino and Val Mahablr and Associates for Enterprise Zone application
preparation Consultant Services.
Respectfully Submitted,
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Rober J. emple, Ac Ing Executive Director
Supporting data attached: YES
FUNDING REQUIREMENTS:
$25,000.00
Hard: ALL
Project: ALL
Commission Notes:
RJT:mv:2005R
Agenda of:
Item No.
2.
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C I '1' 00 F SAN B ERN A R ~ N 0
COJIKUIIIn DBVBLOPHIJIT DBPAR'l'IIBN'l'
INTEROFFICE MEMORANDUM
9005-1901
TO: Robert Temple
Executive Director
Ree!eveloplllent Agency
Kenneth J. Hene!erson
Director of community Development
FROM: Val Mahabir
Economic Development Consultant
SUBJECT: Bli1TIlRPRI.. Ion APPLICA'1'IOJI
DATE: May 8, 1990
COPIES: Mayor Holcomb; City Ac!ministrator; File
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On April 30, 1990, I attene!ee! a workshop on Enterprise Zones
tJ1at wa. cone!uctee! by the Department of Commerce. The
purpose of the workshop was to provie!e information on com-
pleting the preliminary application for e!esignation as an
Enterprise Zone. The following are .Ollle of the it8llle e!is-
cussee! in that workshop ane! also my observations regarc!ing
the application proces.:
1. The first item of note is chat this current progru
(legislatee! under Assembly Bill 251) authorizes the
creation of fifteen (15) new Enterprise Zones through 1992
(eight (6) to be established une!er current competition).
2. Assembly Bill 251 known as the Nolan Enterprise Zone Act
has enactee! key chang.. to Enterpri.e Zone program from
that previously authorizee! under the Waters Bill.
3. A key difference in the Nolan versus the Waters program is
that companies wishing to participate are not restricted
to hiring employees from the Zone in orc!er to gain certain
incentive.. Also, the Zone is made up of an eligible area
and may inclue!e either an industrial, cODlDlercial area or
both, but unlike the Waters Bill, does not include a
residential area.
4. Based on everything that I heare! in the workshop, it would
seem that competition woule! be basee! to a large e!egree an
a proposer'. long term cODlDlitment to the project. This
must be evie!encee! by specific action of the Mayor ane!
CODlDlon Council in relationship to that cODlDlitment. Items
that must be inclue!ee! in the proposal includes resolu-
INTEROFFICE MEMdC)NDUM: 9005-1901
BNTBRPRISB Ion APPLICATION
May 8, 1990
Page 2
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tion., organizational atructure, ataffing ane! bue!get. The
workshop presenters repeatee!ly instruc~ee! the attene!eea at
the workshop about the importance of provie!ing .pacific
e!etail. on acticma, procee!Qrea ane! overall plan of the
propo..e! progru. It 18 the int.en~ of the State'. propo-
.al evalutor.to base .coring of the proposal a on specific
mechania.. for e!eliveringincentive. to businessea within
the Zone. '1'hi. include. the lIarketing plan, staffing and
struc~ures that woule! facilitate effective e!elivery of
service..
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5. One area of the preaentation that receivec! a great e!eal of
attention wa. the marketing plan. In fact, a proposer
must attain at leaat sixty percent (150') of: the total
score available Unc!er each of the following three (3)
component. of the plan to meet the minimum threshole! of
competition:
a) Marketing (250 points available).
b) Available property ane! businessea (200 points avail-
able).
c) Job e!evelopment (175 points available).
(Note that a marketing stuc!y was completee! for the City
relating to the City'S previous application for Enterprise
Zone e!esignation. ~e marketing plan will be basee!
partially on that stue!y. However, current e!ay e!emogra-
pbica, market cone!itions ane! other ~actors will e!ictate
. th~ scope of the plan). The section relating to "avail-
able property ane! businesses" woule! require a survey of
the area.
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15. The overall process of application woule! entail several
actions to be taken by the Mayor and Common Council, some
of which relate to resolutions to be inclue!ee! in the
proposal, while others relate to organizational .tructures
and staffil'lg. The relationship of certain organizations,
such as the Chambers of CODlDlerce, local real estate
brokers ane! other entities (inclue!ing those to be created,
such as an Enterprise Zone business organization) must all
be referenced in the proposal, with sufficient e!etail to
provie!e a complete ane! thorough une!erstanding of the
program.
7. The City'S incentives will playa deciding role in this
competition. The incentives must be easily packagee!,
realistic ane! above all e!eliverable. A separate plan may
need to be e!eveloped for "fast traCking" of the City'S
permits and licenses, along with plans for marketing of
incentives.
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INTEROFFICE MEM~DUM: 9005-1901
BNTERPRI8B Ion UPLICATIOII
May 8, 1990
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The time frame for Submission of this application is five (5)
month. from the e!ay the Application Han~k8 were mailee!
(April 13, 1990)~ Within five (5) e!aysof this aemorane!um, a
one (1) month e!.lay in ...ting the tim.frames will be
realizec!. Submis.ion e!at. is September 10, 1990. Thia
e!eae!line impos.. some stringent tim.frames for evaluation of
Past propOsal;, evaluation of .ffects of curr.nt zone incen-
tives on zone economy; planning for/of new zone; re.earch of
e!ab; organizational .tructuring; informing ane! ee!ucation of
appropriate inc!ividuals ane! organizations such as curr.nt
zone bu.in....., City e!epartment., ane! relatee! organizations;
e!rafting of propo.al; briefing anc! finalizing of e!OCUJIent,
ane!; final approVal by City Council (inclue!e. ~option of
various reSOlutions).
I will be available at your conveni.nce if you have any
question. regare!ing this ...orane!um.
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Val Mahabir
Economic Development Con.ultant
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AGRIIBXBKT
AGRllIUIIIIIT BIITWIIEN '1'BII RIIDBVBLOPHIJIT AGENCY OJ' '1'BII CITY OJ'
8U BB1UmJlDllfO aJIID VAL DJrABIR AID) U8OCUH8 I'OR BlITIlRPRISB
Ion UPLlCATIOK PRBPADTIOK COKSULTAIl'l' 811RVICB8
'l'HIS AGREEMEN'l' mae!e ane! entered into effective this
day of
, 1990, by ane! between the REDEVELOPMENT
AGENCY OF 'l'HE CITY OF SAN BERNARDINO, a public body corporate
and politic, hereinafter "Aqency", ane! VAL MAHABIR AND ASSO-
CIATES, hereinafter referree! to as "Con~ultant", sets forth the
agre_ent of the parties.
811CTIOK 1. Reoi~a1s.
The parties hereto acknowledge:
1.1 Agency e!esires to develop a coordinatee! comprehen-
sive program for establishment of an Enterprise Zone under state
legislation, which Enterprise Zone requires, among other thinqs,
a complete, thorough and expertly prepared Application.
1.2 Agency requires prOfessional services to accomplish
tasks related to the studies involved in preparation of and
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finalization of a "Preliminary Application" for Designation as
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an Enterprise Zone for the City's proposed Enterprise Zone, ~o
support such project.
1.3 Consultant represents that it has the prOfessional
ability and technical means to accomplish work requirements of
qatherinq the requisite information for and preparinq the "Pre-
liminary Application" for Designation of the Enterprise Zone,
hereinafter "Application", basee! upon e!irectives provided by the
State of California Department of CODlDlerce for completion of
said Application.
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The Parties therefore agree:
2.1 EDlnlovment of Consultant. The Agency hereby retains
the Consultant to provie!e the Application services for the En-
terprise Zone, and the Consultant hereby agrees to perform, or
cause to be performee!, professional services as hereinafter set
forth.
2.2 Personnel. The Consultant has available, or will
provie!e, all personnel requiree! to perform'services under this
Agreement. All of the .ervices to be performed by the Consul-
tant shall be performee! by the Consultant or une!er its supervi-
sion, and all personnel engaged in the work shall be fully
qualified and shall be authorizee! and permittee! under state and
local laws to perform such services, and shall be acceptable to
the Agency.
2.3 Performance Snecifications. The Consultant shall
perform the tasks listed in Attachment "A", Scope of Wor~ which
is attached hereto ane! incorporatee! herein by reference.
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2.4 Products. Specific projects listed in Attachment
"An shall be deliveree! to the Agency by the Consultant in detail
as required by the e!escription set forth in Attachment "An.
2.5 Work Schedule. Consultant agrees to complete all
tasks required to meet the schedule contained in Paragraph 18 of
this Agreement.
2.6 Comnensation and Pavment Schedule. The Agency will
pay the Consultant. TWENTY-FIVE THOUSAND DOLLARS AND 00/100
$25,000), which sum shall be an all inclusive sum for which an
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acceptable "Preliminary Application" shall be provided by the
Consultant in a timely manner for submission to the State of
California. Consultant is to provie!e all services of every kind
necessary to the preparation of such application, any surveys of
business or the general population relating to the preparation
of saie! e!ocument. Such surveys shall be cone!uctee! une!er sepa-
rate agreement. Agency shall make information in its possession
available to Consultant, but Agency shall not be expected or
required to generate ade!itional information not alreae!y avail~
able to it. The parties recognize that the costs set forth
herein are reasonable ane! all inclusive, and Agency agrees to
make payment for services renderee! on the following basis:
(i) Upon execution of this Agreement, one-third
(1/3) of total project cost ($8,333.00).
(ii) Upon submitting draft Application, one-third
(1/3) of total project cost ($8,333.00).
(iii) Upon Submitting final "Preliminary Applica-
tion", one-third (1/3) of total project cost ($8,334.00). Con-
sultant shall ensure that "Preliminary Application" meets ail
submission standards of the State of California Department of
CODlDlerce.
2.7 Method of PaYment. The Consultant shall invoice the
Agency for work accomplished in accordance with the payment
schedule above.
2.8 Aaencv Manaaement. The Executive Director of the
Agency shall represent the Agency in all matters pertaining to
the administration of this Agreement, including without limita-
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tion, coordination of all necessary meetings and conferences,
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and review and approval of all proc!ucts submittee! by the Consul-
tant.
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2.9 No Benefi~ ~o Arise ~o Local Em'DlovAes. No member,
officer or employee of the Agency, or its designees or aqents,
and no public official who exercises authority over or responsi-
bi~ities with respect to the project e!uring his or her tenure or
for one (1) year thereafter, shall have any interest, e!irect or
indirect, in any contract or any subcontra:ct, or the proceeds
thereof, for work to be performee! in connection with the project
assistee! under this Agreement.
2.10 The Consultan~ as an rndeDenden~ Aae~t. The Con-
sultant and its officers, agents and employe.., in their per-
formance of this Agreement, shall act in an independent capacity
ane! not as Officers, employees or agents of the Agency.
2.11 OWnershiD of Material ane! Documents. All reports,
maps, stue!ies, photographs, graphics, statistical compil~tions,
computations and other material preparee! by the Consultant pur-
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suant to this Agreement shall be the property of the Aqency and
the Consultant shall deliver .uch materials to the Aqency ac-
cordinq to the terms of this Agreement. However, the Consultant
shall have the right to make duplicate copies of such materials
and documents for its files or other purposes as may be autho-
rized in writing by the Agency.
2.12 Release of Information. No information, including
photographS, public announcements or confirmation of same, or
any part of the subject matter of this Agreement or any phase of
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any program hereunder shall be made public without prior ap-
proval of the Agency.
2.13 Exclusive Aareement. It is agreee! and understood
that the Consultant will not be engaged in private work projects
in any way related to the herein referenced Enterprise Zone
while under contract by the Agency under this Agreement.
2.14 Indemnification. The Consultant shall e!efend, hold
harmless and ine!emnify the Agency, its officers, employees and
agents against liability (whether boe!ily injury, including
death, ane!/or property damage) arising out of the negligent acts
or willful misconduct or lack of goo<<! faith or omissions of the
Consultant or its officers, agents, employees or contractors in
performance of this Agreement.
2.15 ComDliance with Reaulations. Consultant shall be
responsible for compliance with all federal, state and local
laws, rules, regulations, and requirements insofar as they apply
to this project.
2.16 Time is of the VerY Essence. The parties hereto
recognize that time is truly of the very essence of this Agrlle-
Bent. This Application in final form must be completee! within
the time limits specified herein, and failure of Consultant to
complete this work within the time schedule provie!ed will result
in extraordinary losses to the Agency, including the possible
loss of approval of the Enterprise Zone for the City of San Ber-
nardino. The draft Application shall be submitted not later
than July 15, 1990, and the final Application shall be submitted
by Consultant to Agency not later than August 15, 1990. Devia-
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tion from this schee!ule shall be permitted only upon mutual con-
sent ane! consie!eration of both parties to this Agreement.
2.17 Notificat.ion. All notices, memorane!a, reports,
drafts, ane! cODlDlunications sent to the Agency une!er this Agree-
ment shall be sent to the following address unless authorized to
be sent elsewhere by Agency:
Bzeoutive Director
REDBVBLOPJdINT AGB.CY' 01' DB
CITY 01' 8U BB.DllDDTO
300 IIOrth "D" .treet, 1'0urt;Jl 1'100r
.an Bernar4iDo, California '2418-0001
All such notices, memoranda, report drafts, ane!
cODlDlUnications sent to Consultant shall be .ent to:
VAL M.~..Ia ARD A880CIATB.
2iO Carde LaDe, 110. B-201
ae4laae!s, CA '2373
Any such notices, e!emands, invoices and written com-
munications by mail shall be conclusively e!eemee! to have been
receivec1 by the ae!e!ressee five (5) days after the e!eposit there-
of in the Unitee! states Mail, first class postage prepaid~and
properly ade!ressec1 as noted above.
2.18 Effective Date. This Agreement shall become effec-
tive on the date it has been executee! by the Executive Director
21 of the Redevelopment Agency of the City of San Bernardino, pro-
22 videe! that it has first been signed by Consultant.
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2.19 Entire Aareement. This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party
to this Agreement acknowledges that no representations by any
party which are not embodied herein shall be binding ane! that no
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1 other agreement, statement, or promise not contained in this
2 Agreement shall be valid and binding.
3 2.20 Assianment of Substitution. Assignment of this
4 Agreement may not be mae!e by the Consultant nor changed, substi-
5 tutee! for, deletee! or ae!dee! to without the prior written consent
6 of the Agency.
7 2.21 Modification of Contract. The specific tasks and
8 scope of this project are subject to modi~ication by mutual
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9 agreement between Agency and Consultant. Any such changes shall
10 be incorporated by written amenc!ments to this Agreement.
11 2.22 Sustlension of Aareement. The Agency shall have the
12 right to cancel or suspene! the Agreement by provie!ing the Con-
13 sultant five (5) e!ays written notice to that effect. If such
14 cancellation or suspension shall take effect during the perfor-
15 mance of any uncompleted work, the Consultant shall be paid the
16 reasonable value of work accomplished. Any suspension shall
17 relieve Consultant of its obligation to meet the time deadlines
18 specified herein.
19 2.23 Savinas Clause. If any provision of this Agreement
20 is foune! to be invalid, void or unenforceable, the remaining
21 provisions shall nevertheless continue in full force and effect
22 without being impaired or invalidated in any way.
23 2.24 Termination Date. It is agreed and understood that
24 this Agreement will cease to be valid as of the date that the
25 State of California has certifiee! that the Application submitted
26 is determinee! to be adequate, and in any event, this Agreement
27 shall terminate as of October 15, 1990.
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1 2.25 Termination bv Mutual Acrreement. Prior to the ter-
2 mination date of this Agreement, it may be terminated by written
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consent of the Agency and the Consultant.
IN WITNESS WHEREOF, the parties have executed this Aqree-
ment effective this _ day of
, 1990.
RBDBVBLOPHIJIT AGDCY or ~
CITY or 8U B.~1Ill~DIIIO
VAL M.~..IR AKD ASSOCIATES
8 BY:
BY:
Executive Director
Val Mahabir
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3 The Consultant recognizes that it is provie!ing all of the
4 expert services needed to fully e!evelop the information required
5 for the "Preliminary Application" to the state of California for
6 e!e~ignation of an Enterprise Zone within the City of San Bernar-
7 e!ino. Consultant will perform such studies and obtain such sta-
8 tistics as may be required for presentati~n of a professional
9 quality final Application. The Consultant shall complete all .
10 appropriate "Preliminary Application" forms as contained in
11 Section 5 ("APplication Forms") of the "Preliminary Application"
12 Hanc!book, CAlifornia Enterprise Zone program, une!er new 1989
13 legislation (Business, Transportation and Housing AgencY1
14 Department of CODlDlerce). Consultant will prepare and submit a
15 draft Application and a final "Preliminary Application" in ten
16 (10) copies within the time limits specifie1 in Paragraph 18 of
17 Agreement, which draft and final documents are products to be
18 developed under this Agreement.
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A'l'TACJDO:1IT "A"
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