HomeMy WebLinkAbout05.G- Successor Agency 5.G
RESOLUTION (ID # 4600) DOC ID: 4600
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Lisa Connor M/CC Meeting Date: 08/15/2016
Prepared by: Lisa Connor, (909) 663-
1044
Dept: Successor Agency Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Acting as
the Successor Agency to the Redevelopment Agency of the City of San Bernardino
Approving a Vendor Services Agreement with Urban Futures, Inc. with Respect to
Redevelopment Wind-Down Services During Fiscal Year 2016-17. (#4600)
Current Business Registration Certificate: Yes
Financial Impact:
As indicated within the Vendor Services Agreement, the costs for UFI's professional
services are projected at $279,000. The Successor Agency has received sufficient
Redevelopment Property Tax Trust Fund ("RPTTF") revenue for the period of ROPS 16-
17 A and B to fully fund its administrative services enforceable obligations, inclusive of
the Vendor Services Agreement with UFI. A summary of UFI's costs for services
rendered during previous ROPS periods is as follows:
ROPS Number ROPS Period Costs for Services
II July-December 2012 $75,000
III January-June 2013 250,000
13-14A July-December 2013 250,000
13-14B January-June 2014 250,000
14-15A July-December 2014 250,000
14-15B January-June 2015 295,000
15-16A July-December 2015 396,000*
15-16B January-June 2016 334,845**
TOTAL: $2,100,845
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On October 15, 2012, the Mayor and Common Council adopted a Resolution (2012-
254) authorizing the execution of a consultant agreement in the amount not to exceed
between Urban Futures, Incorporated and the City acting as the Successor Agency to
the San Bernardino Redevelopment Agency for consultant services.
On February 4, 2013, the Mayor and Common Council adopted a Resolution (2013-32)
as the Successor Agency and Successor Entity to the Redevelopment Agency of the
Updated: 8/9/2016 by Tanya Romo I Packet Pg. 150
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City of San Bernardino approving the first amendment to the Agreement for Consulting
Services with Urban Futures, Incorporated.
On May 6, 2013, the Mayor and Common Council adopted a Resolution (2013-86) as
the Successor Agency and Successor Entity to the Redevelopment Agency of the City
of San Bernardino authorizing a $150,000 Supplemental Purchase Order for consulting
services from Urban Futures, Incorporated with respect to winding down the former
Redevelopment Agency during fiscal year 2012-13.
On January 21, 2014, the Mayor and Common Council adopted a Resolution (2014-23)
as the Successor Agency and Successor Entity to the Redevelopment Agency of the
City of San Bernardino authorizing a $250,000 Purchase Order for consulting services
from Urban Futures, Incorporated with respect to winding down the former
Redevelopment Agency during fiscal year 2013-14.
On August 4, 2014, the Mayor and Common Council adopted a Resolution (2014-310)
as the Successor Agency and Successor Entity to the Redevelopment Agency of the
City of San Bernardino authorizing a $250,000 Purchase Order for consulting services
from Urban Futures, Incorporated with respect to winding down the former
Redevelopment Agency for ROPS period July through December 2014.
On July 20, 2015, the Mayor and Common Council adopted a Resolution (2015) as the
Successor Agency and Successor Entity to the Redevelopment Agency of the City of
San Bernardino authorizing a $343,000 Purchase Order for consulting services from
Urban Futures, Incorporated with respect to winding down the former Redevelopment
Agency for ROPS period July through December 2014.
Background:
Pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the Redevelopment Agency of
the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of
the HSC, on January 9, 2012 the Mayor and Common Council of the City of San Bernardino
elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the
City of San Bernardino ("Successor Agency").
The Successor Agency and Urban Futures, Inc. (the "UFI") previously entered into an original
Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012 (the
"Original Agreement") (Agreement No. 2012-254). On February 4, 2013, the Successor Agency
and UFI entered into the First Amendment to Agreement for Consulting Services (the "First
Amended Agreement"). Per the Original Agreement and First Amended Agreement, UFI has
provided redevelopment wind-down services to the Successor Agency on an adjunct to staff,
time and materials basis without a financial cap subject to the financial limitations specified
within a series of purchase orders corresponding to equal halves of the last four fiscal years.
The Successor Agency requires additional redevelopment wind-down services during fiscal year
2016-17. It is staff's view that it is advantageous and in the best interest of the Successor
Agency to contract for specialized consulting services from UFI with respect to continued
redevelopment wind-down services during fiscal year 2016-17.
Updated: 8/9/2016 by Tanya Romo Packet Pg. 151
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4600
The proposed Vendor Services Agreement between the Successor Agency and UFI for
redevelopment wind-down services (the "Vendor Services Agreement") is included as Exhibit
"A" within the Resolution. The Vendor Services Agreement includes a detailed scope of
services describing both the program management and general services to be provided by UFI
with respect to winding-down the former redevelopment agency.
In order to ensure the continuation of UFI's redevelopment wind-down services to the Successor
Agency on an uninterrupted basis during FY 2016-17, Successor Agency staff recommends that
the Successor Agency adopt the resolution approving the Vendor Services Agreement with UFI.
For your information, UFI's services with respect to winding-down the former redevelopment
agency are currently provided by three (3) skilled professionals that are former Redevelopment
Agency of the City of San Bernardino and City of San Bernardino employees and have a unique
and unmatched knowledge of the City of San Bernardino in general and the inner workings and
nature of the former redevelopment agency and the Successor Agency in particular.
Fiscal Impact
As indicated within the Vendor Services Agreement,the costs for UFI's professional services are
projected at $279,000. The Successor Agency has received sufficient Redevelopment Property
Tax Trust Fund ("RPTTF") revenue for the period of ROPS 16-17 A and B to fully fund its
administrative services enforceable obligations, inclusive of the Vendor Services Agreement
with UFI. A summary of UFI's costs for services rendered during previous ROPS periods is as
follows:
ROPS Number ROPS Period Costs for Services
II July-December 2012 $75,000
III January-June 2013 250,000
13-14A July-December 2013 250,000
13-14B January-June 2014 250,000
14-15A July-December 2014 250,000
14-15B January-June 2015 295,000
15-16A July-December 2015 396,000*
15-16B January-June 2016 334.845**
TOTAL: $2,100,845
Notes:
*Includes $43,285 unfunded carry-forward from ROPS 14-15B and $53,000 supplement to fill
staffing void to complete high-priority projects (e.g., DDR resolution, FOC, LRPMP and TAB
refunding structuring, etc.).
**The Purchase Order amount for ROPS 15-16B was $353,000. The actual amount used was
$18,155 less.
City Attorney Review:
Supporting Documents:
Reso for UFI Consulting Services for ROPS 16-17 A and B v1 0 (DOC)
Updated: 8/9/2016 by Tanya Romo Packet Pg. 152
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Agrmt 4600 (PDF)
Updated: 8/9/2016 by Tanya Romo Packet Pg. 153
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RESOLUTION NO. 2016-
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
3 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SA
4 BERNARDINO APPROVING A VENDOR SERVICES AGREEMENT WITH URBAN 04
FUTURES, INC. WITH RESPECT TO REDEVELOPMENT WIND-DOWN SERVICES
5 DURING FISCAL YEAR 2016-17
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WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the
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Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
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WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and L
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Common Council of the City of San Bernardino elected to serve in the capacity of the Successor o
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Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and >
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WHEREAS, the Successor Agency and Urban Futures, Inc. (the "UFI") previously entered
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into an original Agreement for Continuing Disclosure and Consulting Services dated October 1, o
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2012 (the"Original Agreement") (Agreement No. 2012-254); and m
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WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First co
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Amendment to Agreement for Consulting Services (the"First Amended Agreement"); and
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WHEREAS, per the Original Agreement and First Amended Agreement, UFI has provided a
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redevelopment wind-down services to the Successor Agency on an adjunct to staff, time and
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materials basis without a financial cap subject to the financial limitations specified within a series of
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purchase orders corresponding to equal halves of the last four fiscal years; and
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WHEREAS, a recap of UFI's past and projected wind-down services to the Successor =
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Agency, which includes a summary of previous purchase order allocations, is included as a part of c
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the staff report that accompanies this Resolution; and U_
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WHEREAS, the Successor Agency requires additional redevelopment wind-down services o
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during fiscal year 2016-17; and
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WHEREAS, the Successor Agency has determined that it is advantageous and in the best
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interest of the Successor Agency to contract for specialized consulting services from UFI with
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respect to continued redevelopment wind-down services during fiscal year 2016-17; and
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1 Packet Pg. 154
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WHEREAS, the proposed Vendor Services Agreement between the Successor Agency and
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UFI for redevelopment wind-down services (the "Vendor Services Agreement") is included as
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Exhibit"A"to this Resolution; and
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WHEREAS, the Vendor Services Agreement includes a detailed scope of services
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describing both the program management and general services to be provided by UFI with respect to
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winding-down the former redevelopment agency; and
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WHEREAS, all of the prerequisites with respect to the approval of this Resolution have N
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been met.
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NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE 0
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,AS FOLLOWS: >
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Section 1. The foregoing recitals are true and correct and are a substantive part of this
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Resolution. o
13 Section 2. The Vendor Services Agreement between the Successor Agency and UFI for
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14 redevelopment wind-down services, which is attached to this Resolution as Exhibit "A", is r_
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15 approved. ti
16 Section 3. This Resolution shall take effect upon its adoption and execution in the
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1 manner as required by the City Charter. o
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2 Packet Pg. 155
5.G.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ACTING AS THE
f SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
2 BERNARDINO APPROVING A VENDOR SERVICES AGREEMENT WITH URBAN n
3 FUTURES, INC. WITH RESPECT TO REDEVELOPMENT WIND-DOWN SERVICES 6
DURING FISCAL YEAR 2016-17 N
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor
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Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held
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on the day of August, 2016,by the following vote, to wit: i
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8 Council Members Ayes Nays Abstain Absent U
9 MARQUEZ
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10 BARRIOS
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11 VALDIVIA
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12 SHORETT
NICKEL
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RICHARD m
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MULVIHILL
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Georgeann Hanna, City Clerk a.
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18 The foregoing Resolution is hereby approved this day of August 2016. .°
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R. Carey Davis, Chairman
21 Successor Agency to the
Redevelopment Agency of the
22 City of San Bernardino v
Approved as to Form:
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23 Gary D. Saenz, City Attorney L
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3 Packet Pg. 156
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1 Exhibit "A"
2 VENDOR SERVICES AGREEMENT ti
3 BETWEEN THE CL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY N
4 OF THE CITY OF SAN BERNARDINO LL
AND URBAN FUTURES, INC. FOR E
5 REDEVELOPMENT WIND-DOWN SERVICES D
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VENDOR SERVICES AGREEMENT
BETWEEN THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AND URBAN FUTURES, INC. FOR
REDEVELOPMENT WIND-DOWN SERVICES
This Vendor Service Agreement (the "Agreement") is entered into this 15th day of August,
2016 by and between Urban Futures, Inc., (the "VENDOR") and the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the "AGENCY"). Individually, VENDOR
or AGENCY may herein be referred to as a Party and collectively,the VENDOR and the AGENCY
may herein be referred to as the Parties.
WITNESSETH:
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WHEREAS, the AGENCY and VENDOR previously entered into an original Agreement N
for Continuing Disclosure and Consulting Services dated October 1, 2012 (Agreement No. 2012- >_
254) (the"Original Agreement"); and
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WHEREAS, on February 4, 2013, the AGENCY and VENDOR entered into the First a
Amendment to Agreement for Consulting Services (the "First Amended Agreement") for E
redevelopment wind-down services; and L
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WHEREAS, per the Original Agreement and First Amended Agreement, VENDOR has 0
provided redevelopment wind-down services to the AGENCY on an adjunct to staff, time and ?_
materials basis subject to the financial limitations specified within a series of purchase orders co
corresponding to equal halves of the last four fiscal years; and o
WHEREAS, the AGENCY requires additional redevelopment wind-down services during
fiscal year 2016-17; and °o
WHEREAS, the AGENCY has determined that it is advantageous and in the best interest of °o
the AGENCY to contract for specialized consulting services from VENDOR with respect to RT
continued redevelopment wind-down services during fiscal year 2016-17; and
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WHEREAS, VENDOR confirms that it is ready and capable of providing redevelopment
wind-down services to AGENCY pursuant to this Agreement.
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NOW, THEREFORE,the Parties hereto agree as follows:
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1. SCOPE OF SERVICES.
For the remuneration stipulated, the AGENCY hereby engages the services of VENDOR to
provide those services as set forth on Exhibit"A",attached hereto and incorporated herein.
I
Packet Pg. 158
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2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the AGENCY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$279,000 for the services and expenses set forth
in Exhibit"A",attached hereto and incorporated herein.
b. No other expenditures by VENDOR shall be reimbursed by the AGENCY.
3. TERM;TERMINATION.
The term of this Agreement shall commence as of July 1, 2016 (the "Effective Date") and
shall continue for a period not to exceed June 30,2017.
This Agreement may be terminated at any time by thirty (30) days' written notice by either
Party. The terms of this Agreement shall remain in force unless mutually amended. The o
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the AGENCY, City of San Bernardino E
("CITY"), their elected officials, employees, agents or representatives, free and harmless a
from all claims, actions, damages and liabilities of any kind and nature arising from bodily
injury, including death, or property damage, based or asserted upon any actual or alleged U
act or omission of VENDOR, its employees, agents, or subcontractors, relating to or in L
any way connected with the accomplishment of the work or performance of services under
this Agreement, unless the bodily injury or property damage was actually caused by the sole o
negligence of the AGENCY, CITY, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend >
at its own expense, including attorney's fees, the AGENCY, CITY, its elected officials, o
employees, agents or representatives from any and all legal actions based upon such actual
or alleged acts or omissions. VENDOR hereby waives any and all rights to any types of o
express or implied indemnity against the AGENCY, CITY, its elected officials, employees, W
agents or representatives, with respect to third party claims against the VENDOR relating to
or in any way connected with the accomplishment of the work or performance of services
under this Agreement. Q
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5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, Q
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. AGENCY and CITY shall
be set forth as an additional named insured in each policy of insurance provided hereunder.
The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY
of any change or termination in the policy.
VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT Peke#P 159
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC. �'
Page 3
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
gender or sexual orientation, or any other status protected by law, except as permitted
pursuant to Section 12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and 6
purposes VENDOR shall be an independent contractor and not an agent or employee of the N
AGENCY or CITY. VENDOR shall secure, at its expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for VENDOR and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. E
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration L
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, in
qualifications, insurance and approval of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES. o
Any notices to be given pursuant to this Agreement shall be deposited with the United o
States Postal Service,postage prepaid and addressed as follows:
TO THE SUCCESSOR AGENCY: TO THE VENDOR: o�
Mark Scott, City Manager Michael Busch a
Y
City of San Bernardino Urban Futures, Inc. a
300 North D Street, 6th Floor 3111 North Tustin, Suite 230 s
San Bernardino CA 92418 Orange, CA 92865 Y
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VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC.
Page 4
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10. ATTORNEYS' FEES
In the event that litigation is brought by any Party in connection with this Agreement, the
prevailing Party shall be entitled to recover from the opposing Party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any
of its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the AGENCY and CITY shall be considered
as "attorneys'fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the VENDOR's interest in this Agreement without the AGENCY's prior o
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this U-
Agreement. Regardless of AGENCY's consent, no subletting or assignment shall release M
VENDOR of VENDOR's obligation to perform all other obligations to be performed by c
VENDOR hereunder for the term of this Agreement.
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12. VENUE. a
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The Parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San in
Bernardino, State of California or the U.S. District Court for the Central District of o
California, Riverside Division. The aforementioned choice of venue is intended by the
Parties to be mandatory and not permissive in nature. >
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13. GOVERNING LAW. to
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS. E
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This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement
and their respective heirs,representatives, successors,and assigns. E
15. HEADINGS. r
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The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC. I Packet Pg. 161
Page 5
enforceability of the remaining terms and provisions hereof or of the offending provision in
any other circumstance, and the remaining provisions of this Agreement shall remain in full
force and effect.
17. REMEDIES; WAIVER
All remedies available to either Party for one or more breaches by the other Party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver
of any other remedies. The failure of either Party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the Party against whom
enforcement is sought. r,
18. ENTIRE AGREEMENT; MODIFICATION. N
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This Agreement constitutes the entire agreement and the understanding between the Parties, LL
and supersedes any prior agreements and understandings relating to the subject manner of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all Parties to this Agreement. E
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IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day and Q
date set forth below.
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Dated: , 2016 VENDOR
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BY: m
Michael P. Busch, President&CEO
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Dated: 12016 SUCCESSOR AGENCY TO THE REDEVELOPMENT a
AGENCY OF THE CITY OF SAN BERNARDINO
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BY:
Mark Scott,City Manager/Executive Director Q
Approved as to Form:
Gary D. Saenz, City Attorney
By: ,r-
VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC.
Packet Pg. 162
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EXHIBIT"A"
A. SCOPE OF SERVICES:
Summary of Program Management Services
The following outline represents a select group of high-priority activities that Urban Futures, Inc.
(the "UFI") is currently engaged in. There are a multitude of other activities, many of which are
supportive of the above items that UFI assists the Successor Agency with on an on-going basis. In
addition, many of the items listed below require cooperation and/or approvals from third-parties,
which may or may not occur or occur in a timely way. Accordingly,the scope of services is subject
to modification for a variety of reasons. The numbering protocol used in the outline below is
provided for convenience of reference only and does not reflect priority sequence.
1. Prepare and process for approval Recognized Obligation Payment Schedule (the "ROPS") 17- o
18 A & B (Combined) consistent with the procedures and application deadlines applicable >_
thereto. LL
2. Follow-up with the California Department of Finance (the "DOF") with respect to the
amendment to the Housing Asset Transfer (the "HAT") report to reconcile with both the E
Affordable Housing Solutions (the "AHS") and the San Bernardino Economic Development
Corporation(the"SBEDC")real property transfers. a
3. Prepare, process for approval and record quitclaim deeds for transfer of Low- and Moderate
Income Housing Fund (the "LMIHF") properties to the City as Successor Housing Agency
.,. (DOF approval is pending). This is the final step needed for the transfer of the LMIHF o
properties.
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4. Assist City staff with respect to the agreements related to the Arden-Guthrie site, which will o°
include reconciling site valuation, development agreements, an agreement with the County
Workforce Development Department, DOF's approval and resolution of HUD matters related to c
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the release of a Section 108 loan lien on the Arden-Guthrie site and concurrence relative to the
process for confirming the Low- and Moderate Income(the "LMI") eligible job applicants.
5. Assist City staff with respect to the operation and ownership of the California and Sturges
Theatres. c
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6. Prepare, process for approval and record the quitclaim deeds needed to transfer to the City the
seven (7) sites designated in the LRPMP for future development per DOF's May 17, 2016 Q
direction to do so(i.e., LRPMP site Nos. 20-26).
7. Finalize the process for approval and record the deed in lieu to ACAA LP for the Arco Site
identified in the LRPMP as a future development site (i.e., site No. 25). In this case the
Successor Agency previously authorized a quitclaim deed to the City subject to a Compensation
Agreement, the M/CC approved the acceptance of the deed and approved the deed in lieu to
ACAA LP and the M/CC approved the Compensation Agreement (only the County of San
Bernardino approval is pending).
VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT packet P 163
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC. g
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8. Prepare and process for approval the Compensation Agreements necessary to transfer the six(6)
remaining future development properties to third-party entities. In some cases, meetings and/or
workshops with the taxing entities may be needed to ensure that they understand the
complexities that may affect the amount and timing of compensation.
9. Develop and process for approval the policies and procedures for managing the "for sale"
properties in the LRPMP. It is anticipated that the Successor Agency will select a real estate
broker to list and sell the affected parcels. As each sale transaction is brought forward, process
each transaction for approval through the Successor Agency,the Oversight Board and DOF.
10.Assist City staff in preparing the Carousel Mall closure and post closure plans and provide any
related assistance as may be required.
11. Assist City staff determine the baseball stadium's disposition approach per DOF's E-Mail N
message of 6-24-16 and consistent with direction from the City.
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12. Assist City staff finalize and process for approval the agreements needed to transfer the Theater
Square sites and Carousel Mall sites to third parties for development. Among other things,this
will involve coordinating with the City/Developer working group associated with this project. E
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13. Assist City staff with respect to the removal from the property tax rolls and property tax a
cancellations all Successor Agency properties included in LRPMP and those related to the
LMIHF transfers from AHS and the SBEDC.
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14. Assist the Successor Agency in reconciling conditional performance-based payments due to -L°a
developers for current and future ROPS (i.e., EO Nos. 19,20, &24).
15. Assist City staff with respect to the selection of eligible projects for funding from the 2010 A g
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and B Tax Allocation Bonds per the Bond Expenditure Agreement. It is anticipated that this
item will include collaboration with City Public Works representatives. o
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16. Subject to meeting the statutory eligibility requirements, prepare and process for approval of a
Last and Final ROPS consistent with the procedures and application deadlines applicable Q
thereto.
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17. Assist the Successor Agency with any related tasks as may be requested by staff. E
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Description of UFI's General Services to the Successor Agency: Q
Urban Futures, Inc. provides the Successor Agency with professional services within the seven
general service categories described below:
1. Policy: Policy development services related to the overall management of the Successor
Agency including, but not limited to planning, strategies, fiscal feasibility, funding/financing
strategies, and/or program development (e.g., in conjunction with the City Manager, Mayor's
VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND URBAN FUTURES INC.
Packet Pg. 164
Page 8
office, City Attorney's office and special counsels).
2. Collaboration: Participating in formal and informal planning, strategy and/or project
management discussions, negotiations and presentations with staff, clients, community officials,
local or state government agencies, and others.
3. Reports: Researching, preparing, reviewing evaluating and/or submitting reports, forms,
spreadsheets and any other written documentation that may be required by the Successor
Agency, its Oversight Board, the California Department of Finance ("DOF"), County Auditor-
Controller ("CAC"), City Manager, the Mayor's office, the City Attorney's office, the Finance
Department, special counsels, or other entities.
4. Representation: Providing oral presentations that may be required by the Successor Agency,
the Oversight Board, the California Department of Finance, County Auditor-Controller, County
Assessor, County Counsel or other entities. r
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5. Compliance/Implementation: Perform any compliance and/or implementation related tasks
and/or services that may be required by the Successor Agency, its Oversight Board, the
California Department of Finance, County Auditor-Controller or other entities.
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6. Documentation: With respect to the above described services, the listing below is an example a
of the types of documents that may require preparation, processing, implementing or managing Q
compliance with respect to the wind-down of the former redevelopment agency.
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a. Recognized Obligation Payment Schedules ("ROPS");
b. Meet and Confer Requests and Meetings
C. Meet and Review Requests and Meetings;
d. Final and Conclusive Enforceable Obligation Determinations; >
e. Insufficient Funds Notifications; o
f. Real property disposition procedures;
g. Financial management services;and o
h. Debt restructuring services. o
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7. Other: Provide any other related service that staff may request.
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VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
OF T14E CITY OF SAN BERNARDINO AND URBAN FUTURES INC. Packet Pg. 165
Page 9
B. COMPENSATION AND EXPENSES:
Professional Services Rates Schedule
VENDOR shall carry out the "Scope of Work"on an actual time and materials basis, subject to the
financial cap specified in Section 2 of the Vendor Services Agreement, utilizing the following
professional services rate schedule:
Professional Staff Hourly Rates
Managing Principal $ 225.00 ti
Senior Project Manager $ 120.00
Project Manager $ 75.00 0
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Expenses u.
Costs for telephone, e-mail and facsimile expenses, postage and incidental photocopying and local
travel are included within the above noted Professional Service Rates Schedule. The professional
services rate schedule does not include out-of-pocket expenses that may be incurred during the
accomplishment of the Scope of Work. Out-of-pocket expenses include, but are not limited to, all Q
other necessary materials, supplies, services, printing, electronic data files, out of area travel, etc.
All out-of-pocket expenses shall be charged on an actual cost basis, plus 10%.
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VENDOR SERVICES AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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Packet Pg. 166
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