2015-03 v
RESOLUTION NO. 2015-03
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY APPROVING A
CONTRACT BETWEEN THE SUCCESSOR AGENCY AND
RSG, INC. FOR LONG RANGE PROPERTY MANAGEMENT
PLAN IMPLEMENTATION SERVICES
WHEREAS, the State Legislature dissolved redevelopment agencies by enacting Assembly
Bill Nos. 1 x 26 and 1484, relating to redevelopment dissolution, ("Dissolution Statutes") which
became effective on June 28,2011 and June 27,2012,respectively;
WHEREAS, Health and Safety Code § 34191.5 requires a successor agency to prepare and
submit a Long-Range Property Management Plan ("PMP") to the California Department of
Finance("DOF")within six(6)months of receiving its Finding of Completion from the DOF;
WHEREAS, the Successor Agency on August 13, 2013 contracted with Kosmont &
Associates, Inc. ("Kosmont") to prepare the PMP;
WHEREAS, on November 6, 2013, the Successor Agency adopted Resolution No. 13-14
approving the PMP, which was submitted to the State of California Department of Finance
("DOF") for approval, and which the DOF began review in May 2014;
WHEREAS, on November 25, 2014, the Successor Agency adopted a Resolution approving
a revised PMP,which was subsequently approved by the Oversight Board on December 17, 2014
and submitted to the State of California Department of Finance("DOF") for approval.
WHEREAS, on April 23, 2015,the DOF approved the Successor Agency's PMP;
WHEREAS, in order to implement the approved PMP, it is necessary to enter into a contract
for professional real estate advisory services; and
WHEREAS, pursuant to Section V.B of the City's Purchasing Policy, the Agency may waive
the competitive selection process and approve the contract for professional services with RSG,
Inc.; and
WHEREAS, on September 8, 2015, the Successor Agency to the City of Grand Terrace
Redevelopment Agency considered said agreement at a public meeting, and adopted a
Resolution approving the Agreement.
NOW THEREFORE, BE IT RESOLVED by the Oversight Board of the Successor
Agency for the Grand Terrace Community Redevelopment Agency, as follows:
Section 1. The Oversight Board finds that all of the above recitals are true and correct and are
incorporated herein by reference.
O.B.RESOLUTION NO. 2015-03 PAGE 1 OF 16 DECEMBER 2, 2015
Section 2. The Oversight Board approves the agreement, attached hereto, between the Successor
Agency for the 'Grand Terrace Community Redevelopment Agency and Consultant for PMP
implementation services at an annual cost not to exceed $33,600.00, and further authorizes the
Executive Director, at the end of the term period of such agreement, to administratively renew
such agreement for up to two term periods of one year each, provided that the annual
compensation amount does not exceed$33,600.00.
Section 3. The Oversight Board further directs and authorizes the Executive Director to take all
necessary and required actions to carry out this Resolution, including but not limited to meeting
the requirements of the relevant sections of the Health & Safety Code, or any other applicable
law. This includes, but is not limited to, submission of this Resolution to the Department of
Finance and any other relevant agencies pursuant to the Health& Safety Code.
Section 4. This Resolution shall not be effective until 5 business days after its adoption or
pursuant to the Health& Safety Code.
Section 5. The Successor Agency shall maintain on file as a public record this Resolution as
approved hereby.
PASSED, APPROVED AND ADOPTED by the Oversight Board of the Successor Agency for
the Grand Terrace Redevelopment Agency at a regular meeting held on the 2nd day of December,
2015.
AYES: Board Members Freeman, Forbes,Vice Chair Morga, and Chair McNaboe
NOES: None
ABSENT: Board Members Saks and Torres
ABSTAIN: None
Darc. M o the Oversight Board
of the Succ ency for the Community
Redevelopment Agency of the City of
Grand Terrace
ATTEST:
Pat Jacque ares�gency r)trei4r/y
O.B. RESOLUTION NO.2015-03 PAGE 2 OF 16 DECEMBER 2, 2015
AGREEMENT FOR CONSULTANT SERVICES-
THIS AGREEMENT ("Agreement") is made as of this_day of:October, 2015 by and
between-the.SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE ("Successor Agency");and;ROSENOW
SPACEVEK GROUP, INC. ("Consultant"): This Agreement is subject to the approval of
the Department of Finance (see Section 4 herein).
1. CONSULTANT'S SERVICES. Consultant agrees to perform during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of
Services" attached to.and incorporated into-this Agreement as:Exhibit A(the.
:. "Services").
2. TERM OF AGREEMENT. The initial term of this Agreement;shall be for one year
starting,on January 1,2016 ("Effective Date").and.terminating on.December 31
2016or on:the date that the.Services contem plat by this Agreement are
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satisfactorily completed, whichever occurs first('Termination Date").At the end of .
the:term period,-the:Executive Director:may, in writing, renew this Agreement-for
up to:two term periods of:one year each, provided.that the annual compensation
amount'shall not exceed $33;660:00
3. FAMILIARITY WITH V1/ORK. By execution.of this Agreement,:Consultant
warrants that
1 It lias thoroughly investigated..and considered the work to be
performed, based on all,available information; . :
2 It careful) considered.how the work should be reformed,and
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(3). It fully understands the difficulties and restrictions attending.the
performance of the work under this.Agreement.
(4) It has the professional and-technical competency;to perform the:.
work and the production capacity to complete the work in,a timely
manner with respect to the schedule:included in the scope of
services.
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Page 1 of 13
O.B. RESOLUTION NO. 2015-03 PAGE 3 OF 16 DECEMBER 2, 2015
4. PAYMENT FOR SERVICES. SuccessorAgency.shall pay for the.services
performed by Consultant.pursuant to the termsof this Agreement, the:
compensati6h set forth in the "Schedule of Compensation" attached to and
incorporated into this Agreement as Exhibit:B. The fees for:services shall not
exceed the.authorized amount of Thirty-Three Thousand and Six Hundred and
Sixty Dollars($33,660) as set forth in Attachment':B.,.' unless the CITY has given
specific advance approval in writing:
Notwithstandin the for oin , Consultant acknowledges and agrees a ment of
9 9 � 9 9. 9 pay
any fees described in this Agreement may be contingent upon approval thereof
as a:n enforceable obligation listed on a Recognized Obligation.Payment
Schedule ("ROPS"), as.defined by the Health & Safety Code,.and that such
approvals are made by the Oversight Board,for.the Successor Agency, the
California:Department of Finance, and various other relevant public agencies.-In
the event that the Oversight Board for the Agency, the-California Department of:
Finance, or any other relevant public agency.determines that-such fees, or any
portion thereof, are not an enforceable obligation:that is properly listed on a
ROPS, Consultant w ill.not be entitled to.payment of such.fees unless a court of
.competent jurisdiction overturns such a determination.
5. TIME FOR:PERFORMANCE; Consultant shall not perform any work:under this
Agreement until (a) Consultant furnishes proof of insurance as required under
Paragraph "8" of this:Agreement. All services required-by Consultant under this
Agreement shall be completed:on or before the end of the term of the
Agreement..:.:
6. DESIGNATED REPRESENTATIVE. Consultant hereby designates Alexa Smittle-
as the Consultant Representative, and said Representative shall be responsible
for job performance,.negotiations;contractual matters, and coordination with the
Successor Agency. Consultant's professional services:shall:be:actually
performed by,.orshall be immediately supervised,by, the Consultant..
Representative.
7. HOLD HARMLESS; INDEMNIFICATION. Consultant hereby agrees to protect;
indemnify and hold City of Grand Terrace("City") and Successor Agency and its
employees, officers and servants:free and harmless from any and all_losses,
claims, liens, demands and causes of action of every kind and character
including, but not limited to, the amounts of judgment, interests, court costs, legal
fees and other expenses incurred by the City or Successor Agency arising in
favor of any party, including claims, liens, debts, personal injuries, including
employees of the City or Successor Agency, death or damages to property
(i:ncluding property of the Successor Agency) and without limitation by
enumeration;.all other claims or demands of every character occurring or arising
directly out:of the ne.gligent.acts;recklessness.or willful misconduct of Consultant
in the performance of its services under this Agreement. This provision is not.
intended to create any cause of action'in favor of any third party.against .
Page 2 of 13
O.B.RESOLUTION NO. 2015-03 PAGE 4 OF 16 DECEMBER 2, 2015
p.
Consultant, the-City, or the Successor Agency or to enlarge in any way the
Consultant's liability but is intended solely to:provide for indemnification of the
City and Successor Agency for liability for damages or,injuries to third persons or,
property arising from:Consultant's negligent performance hereunder.
Notwithstandingthe above, Successor Agency will release, indemni and hold
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harmless Consultant.from any and:all losses, claims, liens, demands and causes
of action of every,kind,and character,including but not limited to the amounts of
judgment; interests, court costs,:legal fees and other,expenses incurred:by
Consultant:concerning claims, demands or causes.of:action related to alleged or
actual environmental:contamination;environmental liability and corresponding
obligations. Successor Agency acknowledges that Consultant is reliant upon
-
Successor Agency for information related to the environmental condition.of the
subject properties, to the extent:known by Successor Agency..If envitonrrmental
analysis is necessary related to the completion of the PMP.and/or to the ultimate
disposition of the subject properties, Successor Agency understands..that such
environmental analysis will not be prepared by Consultant, as Consultant is not
licensed in'this professional discipline. It-is acknowledged by Successor Agency -
that any such environmental analysis would be contracted:separately by
Successor Agency with an outside firm.
8. : INSURANCE. Consultant shall procure and maintain at all times during the term .
of this Agreement insurance as set forth:in Exhibit"C" attached hereto. Proof-of: ...:
insurance shall consist of a Certificate of Insurance provided on IOS=CGL form
No. CG 0001,11 85 or 88 executed by Consultant's insurer and in a form approved
by,:the Successor Agency's Successor Agency Attorney and Successor
-Agency's Legal:Counsel.
.9. LICENSES,:PERMITS, AND-FEES. Consultant shall-obtain a SuccessorAgency
of Grand Terrace Business License.and:any and all other per and licenses
required for the services to be performed under this Agreement.
10. INDEPENDENT.CONTRACTOR-STATUS..Successor,Agency and Consultant
-- = agree that Consultant,:in performing the Services herein specified, shall act as-an. .
independent Contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to.contract for similar-services to
be performed-for other entities While under contract with Successor Agency.
Consultant is not an agent or employee of Successor Agency:or Successor
Agency;and.is not entitled to participate in any pension plan, insurance, bonus or
similar benefits Successor Agency or Successor Agency provides for its
employees. Consultant.shall be responsible to pay and hold:Successor Agency
or Successor Agency harmless from any and all payroll and other taxes and
interest thereon and penalties,:therefore, which may become due as a result of
services performed hereunder.
Page 3 of 13
O.B.RESOLUTIONNO. 2015-03 PAGE 5 OF 16 DECEMBER 2, 2015
11. ASSIGNMENT. This=Agreement.is for the specific services with Consultant asset
forth herein. Any attempt by Consultant to assign the benefits orburdens:of this
Agreement without written approval of Successor Agency is prohibited and shall
-be null and void-, except that Consultant may assign payments due under this: .
Agreement to a financial institution.
STANDARD.:Consultant agrees that the:services to be rendered pursuant:to this .
Agreement shall be performed in accordance with the standards customarily
provided by an experienced and competent professional organization rendering
the same b.r.similar services. Consultant shall re=perform any of said:services,
which are not in conformity with standards:as determined by the Successor
Agency.
13. CONFIDENTIALITY. Consultant covenants that all.data, documents, discussion, -
or other information.developed or received by Consultant o.rprovided for
performance of this Agreement are deemed confidential and shall not be
disclosed by:Consultant without written authorization.by Successor Agency.
Successor Agency shall grant such authorization if disclosure..is required by law. -
All City or Successor Agency data shall be returned to Successor Agency upon
the termination of this Agreement. Consultant's covenant under this Section shall
survive the:termination of-this Agreement.
14, RECORDS AND INSPECTIONS. Consultant shall maintain fulland accurate
records with respect to all services and matters covered under this Agreement.
Successor Agency shall have free access at all-reasonable times to such
records, and the right to:examine and audit the same and to make transcripts
therefrom, and to.inspect all program data; documents, proceedings and
activities. Consultant shall maintain an up-to=date list.of key personnel and
telephone numbers for emergency contact after normal business hours.
15. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. All reports, documents;
all analysis:, computations, plans, _correspondence; data, information, computer
media, including disks.or other written material developed and/or gathered by
Consultant in the performance of this Agreement shall be and remain the .
property of Successor Agency.without restriction or limitation upon its,use or
dissemination:by Successor Agency. Such Material shall not be the subject of a
copyright application:by Consultant. Any,re-use by SuccessorAgency of any
such materials on a.ny-project other than:the project for which.they were prepared:
shall be at the sole risk of Successor Agency unless Successor Agency.
compensate Consultant for such use. Such work product shall be transmitted to
Successor Agency within ten (10) days after a written request therefore.
Consultant may retain copies of such products.
:16. NOTICES.:All'notices given or required to be given pursuant to this Agreement
shall be-in writing.and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
Page 4 of 13
O.B. RESOLUTION NO.2015-03 PAGE 6 OF 16 DECEM BER 2, 2015
Successor:Agency: G. Harold Duffey, Executive Director
City of Grand;Terrace
22795 Barton Road
Grand Terrace,'Ca 923:13
Consultant: RSG, Inc.
Alexa:Smittle, Principal
309 W. 0 Street
Santa Ana, CA 92701
If the name of the principal representative designated to receive the notices,
demands or:communications; orthe.address of such'person, is changed;written
notice shall be givenwithin five (5)wo.rking days of said changes
17. T AXPAYER IDENTIFICATION NUMBER. Consultant shall provide Successor
Agency with:a complete Request for Taxpayer Identification,Number and .
Certification, Form;W -9, as issued by the Internal Revenue Service.
18. APPLICABLE:LAWS, CODES AND REGULATIONS'. Consultant-shall P
erform all
...
services described in accordance with all applicable laws, codes and regulations .
required by all authorities having jurisdiction over the Services. Consultant
r" agrees to comply with prevailing wage requirements as specified in the California
Labor Code,:Sections 1770, et seq.
19. RIGHT TO UTILIZE OTHERS. Successor Agency reserves the right to utilize
others to perform work similar to-the Services provided hereunder.
20: BENEFITS. Consultant will not be eligible for any paid:benefits for federal social ;
security, state workers' compensation,unemployment insurance, professional
insurance, medical/dental, retirement PERS or fringe:benefits offered by the
Successor Agency of Grand Terrace.
21. PERS ELIGIBILITY INDEMNITY. In the event that.Consultant'or:any employee,
agent,or:subcontractor of Consultant providing services under thisAgreement
claims or is determined by a court of competent jurisdiction or the California
Public Employees Retirement System-("PERS")to be eligible.for enrollment in
PERS as an:employee of the City or Successor Agency, Consultant shall
indemnify; defend, and hold harmless City and Successor Agency for the
payment of any employee and/or employer contributions for-PERS benefits on
behalf of Consultant or:its employees, agents, or subcontractors, as well as for
the payment.of any penalties and interest on such:contributions,which would
otherwise:be the responsibility:of City or Successor Agency.
Page 5 of 13
O.B.RESOLUTION NO.2015-03 PAGE 7 OF 16 DECEMBER-2, 2015
Notwithstanding any other agency, state or federal policy', rule; regulation, law or
ordinance to the contrary,.Consultant and any of its employees, agents, and
subcontractors:providing service under this Agreement shall_not qualify for: or
become entitled to,:End hereby agree to:waive any claims:to, any compensation,
benefit, or any 'incident'of employment by City or Successor Agency, including
but not limited:to eligibility to enroll in PERS as"an:employee of City or Successor
Agency and entitlement to any contribution to be paid by City or Successor
Agency for employer contribution and/or employee contributions for PERS.
benefits.
22. TRAVEL EXPENSES. . reimbursement expenses must be pre-authorized and
shall be based upon the approved rates of the San Bernardino:County Auditor-
Controller.
23. CONFLICT OF INTEREST. Consultant agrees that any conflict:or potential.
conflict of interest shall be fully disclosed prior to.execution of contract and
Consultant:shall comply with ail applicable federal; state and county laws and
regulations governing conflict of interest. -
24. ECONOMIC INTEREST STATEMENT. Consultant hereby acknowledges that
pursuant to Government Code Section 87300 and the Conflict of Interest:Code
adopted by SuccessorAgency hereunder,:Consultant is designated in said
Conflict of Interest Code and is therefore required to file an Economic Interest:
Statement(Form 700)with the Successor Agency:Clerk, for each employee
:. providing advise under this Agreement, prior to the commencement of work.
25. - POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee
of an overnmental a member of.Congress in connection with
Y9 agency or body 9 Y Y or. .. 9 .
the awarding of any federal contract, grant; loan, intended to influence legislation,
administrative rulemaking or the.election of candidates for public office during
time compensated under the representation that such activity is being:performed
as a part of this Agreement:
26. NON-DISCRIMINATION.,In the.performance of this Agreement,:Consultant shall
not discriminate against any employee, subcontractor, or applicant for
employment because of race, color, creed; religion, sex; marital status, national
origin, ancestry, age physical or mental handicap, medical condition, or sexual
orientation.. Consultant will take affirmative action to ensure that subcontractors
and applicants are employed, and that employeesare treated during:
employment, without;regard to their race, color, creed,:religion,,sex, marital
status, national-origin,ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
Page 6'of 13
O.B. RESOLUTION NO. 2015-03 PAGE 8 OF 16 DECEMBER2, 2015
2.7. AUDIT OR EXAMINATION. Consultant shall-keep all records of funds received :
- from Successor Agency and make them accessible for audit or examination for a
period of three years.after final payments are issued and other pending matters.
28. MODIFICATION OF AGREEMENT. This Agreement may not'be.modified, nor'
may any of the terms, provisions or conditions be modified or waived or.
otherwise-affected,except by a written amendment signed'by all parties.
29. WAIVER. If at any time one party shall waive any term, provision or condition of
this Agreement, either be ore or after any reac t_ereo , no party shall:
thereafter be debbied to have consented to any future failure of full performance
hereunder.
30. ..CO.VENANTS:AN.D .CONDITIONS..Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a .
covenant and a condition.
31. RIGHT T O TER ATE: uccessor. Agency may terminate this Agreement at
anytime, with or without cause, in its sale:discretion, with thirty:(30) days written
notice.
a 32. EFFECT OF TERMINATION.-Upon termination as-stated in .aragrap 3.' o
tlis:Agreement; Successor Agency shall be liable to Consultant only for work : ..
performed b Consultant:u to and including the date of termination of this
P . Y . I? 9
Agreement, unless the termination is for cause, in:which event Consultant need
be compensated only to the extent_required.by law. Consultant:shall be entitled: .
to.payment for work satisfactorily completed to date, based on proration of the:
monthly fees.set forth in Exhibit "B" attached hereto.'Buch payment will be
subject.to:Successor Agency's receipt of a close-out:billing.
33. ''GOVERNING.LAW'; This.Agreement shall be governed by and construed in
accordance with laws of the-State.of California. In the event of litigation between
the parties,Venue in state trial courts shall lie exclusively in the.County of San.
Bernardino. In the event of litigation in a U.S. District Court, exclusive venue shall
lie-in the Central District of California.
34. LITIGATION FEES:Should litigation arise out of this Agreement for the
performance thereof,the court shall award costs and expenses, including
attorney's fees, to the prevailing,party. In awarding attorney's fees, the court shall
not be bound by any court fee schedule but shall award the full amount.of costs,
expenses and att ehey's fees paid and/or incurred in good faith:. "Prevailing
Party" shall mean the,party that obtains a favorable and final.judgment or order;
from a court of law described in paragraph "33."This paragraph shall not apply
and litigation:fees shall not be awarded based.on an order or otherwise final
judgment that results from the parties' mutual settlement, arbitration, or mediation
of the.dispute.
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O.B.RESOLUTION NO. 2015-03 PAGE 9 OF 16 DECEMBER 2; 2015
35. SEVERABILITY. If any provision of this agreement is:held by a court of
competent jurisdiction to be invalid, void or unenforceable;the remaining
provisions neverthelessmill continue in.full force and effect without being
impaired or invalidated in any way.
36:. FORCE MAJEURE. The respective duties:and obligations of the parties
hereunder shall be'suspended while and so long as performance hereto is
prevented or:impeded by strikes, disturbances, riots, fire, severe weather,
government action, war acts;acts of God, or any other cause similar:or dissimilar
to the foregoing which are beyond the control of the party from whom the
affected performance was due.
37. INTEGRATED AGREEMENT.This Agreement, together with Exhibits:"A;" "B"
and"C" supersede,any and all other agreements, either oral or:in writing,
between the.parties with respectto the subject.matter herein. Each party.to this
Agreement acknowledges that no representation.by any party, which is not
. . . .embodied herein, nor any other agreement;statement.or promise not contained. . .
in this Agreement shall be valid and binding. Any modification of the Agreement
shall be effective only if it is in writing and signed by all parties.
38;. EFFECTIVE DATE.The effective date of this Agreement is the date the Notice to
Proceed is received by-Consultant,,and shall remain in full:force and effect until
amended'or terminated. :
39. RE.QEVELOPMENT.DIS. SOLUTION APPROVALS. orisuitant.acknowledges'
and agrees that under ABXI 26 and AB:1.494, relating to dissolution of
redevelopment in California., ("Dissolution Laws"), the Successor Agency's
. approval of this Agre.ement.issubject to several legal requirements including, but
not limited to, notices to and/or approvals from the California Department of
Finance, the Oversight Board,of the Successor.Agency to the Grand.Terrace
Community Redevelopment.Agency, and any other relevant State agencies
"Dissolution Approvals"). Consultant acknowledges and agrees that the
Successor Agency.has no control over Dissolution Approvals. Consultant hereby
acknowledges and agrees that it will not bring any,claims, demands; suits,
actions, or proceedings of any kind or nature against the Successor:Agency, its
officers; agents,employees, consultants, or volunteers related to Dissolution
Approvals as it relates to this Agreement.
40. Counterparts.: This Agreement may be executed:in,one or more counterparts,
each of which shall be:deemed an original. 'All counterparts:shall be construed
together and shall constitute one agreement.
Page 8 of 13 --
O.B.RESOLUTION NO;2015703 PAGE 10 OF 16 DECEIVIBER 2, 2015
:Dated: ''SUCCESSOR_AGEN,GY'
By:
G. HarOId-Duffey_
Executive b.irector
Dated � ( J. "CONSULTANT"
Alexa Srfijte
Principarr
APPROVED AS TO FORM ..
Richard'L.Adams 11
Successor Agency Attorney
:ATTEST: .
Pat Jacques-Hares
City.Clerk
Page 9 of 13
O.B.RESOLUTION NO..2015-03 PAGE 11 OF 16 DECEMBER 2, 2015
EXHIBIT A
RSG DRAFT SCOPE OF SERVICES AND BUDGET i
CITY OF GRAND TERRACE
Task 1: Market Research Collection
RSG would perform high-level research on the market demand for retail and other potential uses for
Property 1 on the LRPMP. Research may include the following:
• Property research and comparable sales data
• Vacancy rates
• Rents
• Recent new construction projects
• Pipeline projects(approved)
• Potential for site consolidation with adjacent properties
• Demographic statistics (U.S. Census, Bureau of Labor Statistics, ESRI, and SCAG)
• Retail leakage analysis via ESRI
Any data collected by the City within the last year could be used to limit the scope of this task, however, a
certain amount of information would need to be confirmed by RSG to proceed with the next tasks.
Task 2: Broker Opinion of Value
A Broker Opinion of Value ("BOV") is a report produced by a licensed real estate broker that includes
pricing and financial evaluations to identify the range of the indicated property value based on current
comparable market conditions and available financing alternatives. RSG would utilize the data collected
in Task 1, the 2011 appraisal done on Property 1, and additional research, to provide the Successor
Agency with a current valuation of the Property. To the extent they are available, RSG should be provided
with all Phase 1 environmental reports both conducted by the former RDA and O'Reilly, or the ability to
contact the soils engineer to get a good understanding of potential remediation costs for the Property. A
BOV will help ensure DOF approval of an accepted offer, as DOF has been accepting BOVs to
substantiate sales values.
Task 3: Prepare a Property Disposition Strategy
RSG will prepare a brief Property Disposition Strategy consisting of background information, market
analysis, development recommendations, and disposition procedures that may be adopted by the
Successor Agency and/or the Oversight Board.
Task 4: Real Estate Advisory Services
RSG would act as a real estate advisor to help the Successor Agency market the properties, solicit offers,
review and analyze offers and potential buyers, and make a final purchase offer selection. RSG would
then work with the City Attorney to prepare the purchase and sale agreement ("PSK) and assist with
Successor Agency, Oversight Board, and DOF approvals of the purchase offer. RSG is a licensed broker
and essentially, RSG would be performing the functions of a broker, with the benefit of also providing
advisory services throughout the process to the City, Successor Agency, and Oversight Board. However,
RSG would be working on a time and materials basis and not on a commission basis.
O.B.RESOLUTION NO.2015-03 PAGE 12 OF 16 DECEMBER 2,2015
:. BUDGET
The scope of services above is estimated on a time and materials basis, as outlined below. Please:note
that while:three tasks are described, they are not necessarily independent:of:each other. RSG will do
everything possible to limit the scope of work due to budget concerns, and is happy to work with staff to
prioritize the products:and:outcomes.
Budget for Tasks 1 -3
Hours by Consultant .
Principal Associate Analyst -Total Hours Total Costs
$235 $160 $125
Task 1 -Market Analysis: : . 2 8 12 22 3,250
P
Task 2-Broker O inion of Value 2 4 12 18 2,610
Task 3-Disposition Strategy ... . 4 8 14 2,110
2
{Totals 6 16 32 54 .j $7,970'
is
Budget fo'r Real Estate Advisory.Services—Task.4
' Hours by Consultant External services:
Senior Graphic; Sign
Principal Analyst Total Hours Total Costs
Associate Design Company
.$235 $180 $125.
Council Meeting&Site Visit 6 6 .12 1,830
OM:Preparation 2 4 10 16 $200 2,640
Sign Preparation,&Installation 2 2 $1,000 1,250
Marketing&Procure Offers 10 10 20 3,050
Buyeclnquires&'WeeklyUpdates 15 20. 35 5,200
Review&Analyze Offers 4 -10 10 - 24 3,990
SA,OB and DOF Approval 2 -10 10 22 3,520
Draft Agreements 2 10: 12 2,270
Escrow:Coord.&Closing 2 4. 6 12 1,940
iTotals 12. 69 ' 74 155 �$200 $1,000 $25 690,
RJ V
'BETTER"COMMUNITIES..,
46LDER FUTURES.
O:B.RESOLUTION NO;2015703 PAGE 13 OF 16 DECEMBER 2, 2015
l
. . . .. EXHIBIT ,.B.,
SCHEDULE OF COMPENSATION
I.: AMOUNT:OF:COMPENSATION.:For performing and completing all:services
pursuant to Exhibit "A'. Scope of Services,:is a total amount not to exceed
$3.3 660.00 (Thirty-three Thousand and Six Hundred and Sixty:Dollars) plus
reimbursable expenses which will be charged at cost.
II. BILLING. At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement, Consultant,shall:submit an invoice.:
to the Successor Agency:at the following address:
Successor Agency to CRA of the City of Grand Terrace
22795 Barton Road
Grand Terrace, Ca 9231.3
The invoice submitted pursuant to this:paragraph shall show the:
1) -Purchase order number;
2) - Project name/description;
3). Name and hours worked by each person who performed:services during:
the i ing period;
4) The:titlelclassification under which they were billed;
5) . The hourlyrate of pay;
6) Actual out-of-pocket expenses incurred in the performance of services;. -
and,
7) Other..such information'as the Successor Agency may reasonably require.
III. METHOD OF PAYMENT. Payment to Consultant for the compensation
specified in Section (,;above, shall be made after the Executive'Director or
designee-determines that the billing submitted pursuant.to Section ll, above,
accurately reflects work satisfactorilyperformed. Successor:Agency shall pay_
Consultant within thirty (30) days there from.
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O.B. RESOLUTION NO.2015-03 PAGE 14 OF 16 DECEMBER 2, 2015
EXHIBIT C .
The Consultant shall maintain throughout-the:duration of the term of the Agreement;::
liability insurance coveringthe Consultant and,with-the exception'of Professional
- ity A elLiability Insurance,.designating C ected or
appointed:officials; directors,-officers,agents,employees,'volunteers; or consultants,as
additional:insured against:any.and all claims resulting in injury or damage to persons or.-
property (both real and personal)caused by any aspect of the Consultant's work, in
amounts no less thah the following and:with such deductibles as are ordinary and
reasonable:in keeping with industry standards. :lt shall be stated" in;the Additional
Insured:Endorsement;that the Consultant's.insurance policies shall.be primary as
respects any claims.related to or as the result of the Consultant's work.:Any insurance,
pooled_coverage,:or:self-insurance maintained by the.City and.Successor Agency,, its.
elected or appointed officials,:directors, officers; agents, employees;volunteers, or .-
consultants shall.be non-contributory.
Professional Liability Insurance $1,000,000/$27'0001000
General Liability:
a. : General Aggregate $2,000,000
b. Products Comp/Op Aggregate $M00 000
y . .
C. Personal &:Advertisin Injur
y� ry $1,000,000
.d. Each.Occurrence $1,000,000
e. : Fire,Damage (any one fire) $ 50,000
f Medical Expense.(anyone person) $ 5000
Workers' Compensation:
a. Workers' Compensation . Statutory Limits.
b. EL Each.Accident $1,000,000 .
c. - EL Disease-Policy Limit $1,000,000
d. EL;Disease - Each:Er ployee $1,000,000
Automobile Liability;
a. : Any Vehicle, combined:single limit . $1:;000:000
The Consultant shall:provide thirty(30):days advance notice to Successor Agency in the
event of material changes or cancellation of any coverage. Certificates of insurance
and additional insured endorsements shall be furnished to Successor_Agency thirty. (30):
days prior to the effective date of this Agreement. Refusal to submit such,certificates
shall constitute a material breach of this:Agreement entitling Successor Agency to any
and all remedies at law or inequity, including termination of this.Agreement. If proof of
insurance-required under this Agreement is not delivered as required or if such
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O.B.RESOLUTION NO.:2015703 PAGE 15 OF 16 -DECENMER 2, 2015
insurance is canceled and not adequately replaced, Successor Agency shall have the
right but not the duty to obtain replacement insurance and to charge the Consultant for
any premium due for such coverage. Successor Agency has the option to deduct any
such premium from the sums due to the Consultant.
Insurance is to be placed with insurers authorized and admitted to write insurance in
California and with a current A.M. Best's rating of A-:VII or better. Acceptance of
insurance from a carrier with a rating lower than A-:VII is subject to approval by City 's
Risk Manager. Consultant shall immediately advise Successor Agency of any litigation
that may affect these insurance policies.
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O.B. RESOLUTION NO. 2015-03 PAGE 16 OF 16 DECEMBER 2, 2015