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HomeMy Public PortalAbout02-21-2006LRAQLYNWOOD 1330 BMLLIS ROAD Letlcla Vasquez, CHAIR Reverend Alfredd~e Johnson, Jr, VICE CHAIRMAN Lou~s Byrd, MEMBER Fernando Pedroza, MEMBER Mana T Santfllan, MEMBER REDEVELOPMENT AGENCY LYNWOOD, CALIFORNIA 90262-3845 (310) 603-0220 This Agenda contains a brief general descnpbon of each Rem to be considered Cop/es of the Staff reports or other written documentabon relabng to each item of bus/ness referred to on the Agenda are on hie /n the Office of the City Clerk and are avatlable for pubflc ~nspecbon A person who has a question concermng any of the agenda Rems may call the City Manager at (310) 603-0220, e×t 200 AGENDA < LYNWOOD REDEVELOPMENT AGENCY FEBRUARY 21 , 2006 REGULAR MEETING 5:00 P.M. CITY OF LY?'IP?,O LYNWOOD CITY HALL, 11330 BULLIS ROAD LETIClA VASQUEZ CHAIR REV. ALFREDDIE JOHNSON, JR VICE CHAIRMAN LOUIS BYRD MEMBER FERNANDO PEDROZA MEMBER MARIA T. SANTILLAN MEMBER EXECUTIVE DIRECTOR N. ENRIQUE MARTINEZ INTERIM DEPUTY EXECUTIVE DIRECTOR KIRK PELSER AGENCY COUNSEL RONALD N. WILSON OPENING CEREMONIES: A B C Call Meeting to Order Roll Call (BYRD-JOHNSON-PEDROZA-SANTILLAN-VASQUEZ) Certification of Agenda Posbng by Secretary PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS ITEMS FOR CONSIDERATION MINUTES OF PREVIOUS MEETING Regular Meebng of January 17, 2006 Special Meeting of January 23, 2006 RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFOR CONSENT CALENDAE All matters hsted under the Consent Calendar wdl be acted upon by one mobon affirming the action recommended on the agenda There wdl be no separate d~scuss~on on these ~tems prior to voting unless members of the Agency or staff request specific ~tems be removed from the consent Calendar for separate acbon 3 RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO- EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES Comments The purpose of this item ~s to seek the LRA Board of D~rectors' approval of the modified contractual agreement w~th the legal firm of Ronald Wdson and Associates The modified agreement sets a monthly expense cap of $30,000 (excluding out-of-pocket expenses), for all legal services except ht~gabon. The cap was approved by the Board of Directors at the February 7, 2006 meeting, and the Execubve D~rector was requested to enter ~nto the contractual agreement with Ronald Wdson and Associates The attached contract specifies the scope of work, ~ncludes the performance bmehne and sets the monthly spending hm~t Recommendation Staff recommends that the LRA Board of Dtrectors adopt the resolution tJtled, "RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO- EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES" 4 REDEVELOPMENT OFFICE IMPROVEMENTS Comments. To have the Agency rewew and approve an RFP for the reconflgurabon of the Redevelopment Department (Department) for the purpose of creating a more p_m~ess~o__n_a! enwronment for both staff and confldenbal docu~rn_e_n_t_s_a~nd estabhsh a mor(~--~c~e~orkpl-~e fl~{~-s Stdl Con(~(~/-e to assist the pubhc Recommendation: Staff requests that after rewew and consideration, the Agency d~rects staff take the following acbons 1. Release a RFP for professional services related to the off~ce ~mprovements to the Redevelopment Department; 2. Pubhcly advertise such RFP ~n a local newspaper and over the World W~de Web (Internet), 3. Form a panel for the purpose of rabng a m~mmum of three candidates and selection of the most quahfled and affordable consultant based on the submitted proposal and oral performance, and 4 Bnng results back to Agency 5 7 DISCUSSION ITEMS REDEVELOPMENT PROJECT UPDATE Comments The purpose of th~s ~tem ~s to report to the Agency Board a status update of the Redevelopment projects. Recommendabon Staff recommends that the Agency Members receive and file the attached report which prowdes an update on the current redevelopment Projects EVALUATION OF PROPOSALS FOR DEVELOPMENT OF COMMERCIAL/ MIXED-USE PROJECTS ALONG LONG BEACH BOULEVARD BE'FVVEEN MLK AND IMPERIAL HIGHWAY Comments' The purpose of the ~tem ~s to allow the Agency to review and comment on the project concepts submitted by two developers and to g~ve d~rect~on to staff to commence negobat~ons of an exclusive negobat~on agreement (ENA) w~th one of the two developers Recommendation' Staff recommends that the Agency consider the ~nformat~on m th~s report and d~rect staff to commence negobabons of an exclusive negobat~on agreement (ENA) w~th one of the following two developers: · The Charles Company · The Umversal/Kermam Team CLOSED SESSION WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED IN CLOSED SESSION PURSUANT TO SECTION 54956 9 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Number of Cases One (1) Case Name of Case Amencan Remedial Technologies ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 7, 2006 AT 5 00 P M IN THE COUNCIL CHAMBERS OF CITY HALL, 11330 BULLIS ROAD, LYNWOOD, CALIFORNIA AGENDA STAFF REPORT DATE February 21,2006 TO Lynwood Redevelopment Agency Chairman & Members APPROVED BY N Ennque Marbnez, Execubve D~rector PREPARED BY Andrea L Hooper, C~ty Cler~ Albert Esp~noza, Deputy C~ty~Clerk SUBJECT Lynwood Redevelopment Agency M~nutes Recommendation: Staff recommends the Lynwood Redevelopment Agency adopt the following Minutes · Regular Meeting, January 17, 2006 · Special Meebng, January 23, 2006 Background. N/A Fiscal Impact N/A Coordinated With N/A AGENDA ITEM LYNWOOD REDEVELOPMENT AGENCY REGULAR MEETING JANUARY 17, 2006 The Lynwood Redevelopment Agency of the Cdy of Lynwood met m a regular meeting m the Councd Chambers, 11330 Bulhs Road on the above date at 6 05 p m Chairman Vasquez presiding Members Byrd, Johnson, Pedroza, Sanhllan, and Vasquez were present Also present were Execuhve D~rector Marbnez, C~ty Attorney Beltran, Secretary Hooper, and Treasurer Pygatt Secretary Hooper announced that the Agenda had been posted ~n accordance w~th the Brown Act PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) irene Garc~a commented on ~tem #2 - WARRANT REGISTER, warrant #6944 Ms Garcla believes the Labno Chamber of Commerce has faded to attract other ethmc groups PUBLIC ORAL COMMUNICATIONS NONE ITEMS FOR CONSIDERATION It was moved by Member Byrd, seconded by Member Sanbllan, to adopt the M~nutes Item #1 MINUTES OF PREVIOUS MEETING Regular Meebng of December 20, 2005 ROLL CALL AYES NOES ABSTAIN ABSENT MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE Item #2 RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE After d~scuss~on, ~t was moved by Member Byrd, seconded by Member Pedroza, adopt the Resolubon RESOLUTION NO. 2006.003 ENTITLED: RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE ROLL CALL AYES NOES ABSTAIN ABSENT MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NONE NONE NONE CONSENT CALENDAR All matters listed under the Consent Calendar w~ll be acted upon by one motion affirming the acbon recommended on the agenda There w~ll be no separate d~scuss~on on these ~tems prior to vobng unless members of the Agency or staff request specific items be removed from the consent Calendar for separate acbon Item #3 UNAPPROPRIATED FUND TRANSFER FROM REDEVELOPMENT PROJECT AREA "A" Chairman Vasquez requested staff to make a presentabon After d~scuss~on, ~t was moved by Member Byrd, seconded by Vice Chairman Johnson, to adopt the Resolution RESOLUTION NO. 2006.004 ENTITLED: A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE TRANSFER OF FUNDS FROM THE UNAPPROPRIATED FUND BALANCE (FUND 14) TO PLANNING SERVICES AND HOUSING SET-ASIDE (FUND 26) TO MISCELLANEOUS EXPENSE ROLL CALL AYES NOES ABSTAIN ABSENT MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, ANDVASQUEZ NONE NONE NONE ADJOURNMENT Having no further discussion, ~t was moved by V~ce Chairman Johnson, seconded by Member Byrd, and carned to adjourn the Lynwood Redevelopment Agency meeting at 645pm Let~cla Vasquez, Chairman Andrea L Hooper, Secretary LYNWOOD REDEVELOPMENT AGENCY SPECIAL MEETING JANUARY 23, 2006 The Lynwood Redevelopment Agency of the City of Lynwood met ~n a special meeting at Bateman Hall, 11331 Ernesbne Avenue, on the above date at 1 23 p m Chairman Vasquez presiding Members Byrd, Johnson, Pedroza, Sanbllan, and Vasquez were present Also present were Executive D~rector Marbnez, City Attorney Beltran, and Secretary Hooper City Treasurer Pygatt was absent Secretary Hooper announced that the Agenda had been posted in accordance w~th the Brown Act PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE ITEMS FOR CONSIDERATION DISCUSSION ITEM Item #1 FY 2005-06 MID-YEAR BUDGET AMENDMENTS Mananna Marysheva gave a presentabon on the FY 2005-2006 M~d-Year Budget Amendments The purpose of th~s ~tem was to d~scuss the ana)ys~s of key revenues and expenditures and the forecast of needs through the year-end The recommended budget amendments ~nclude orgamzabonal changes, c~tyw~de technology enhancements, vehicle purchases, and other changes After d~scuss~on, ~t was moved by Member Pedroza, seconded by Member Byrd, to receive & file presentabon but hold off on adopbon of resolubon Agency Member Pedroza and other Members of the Agency menboned that they needed more bme to rewew the budget ROLL CALL AYES MEMBERS BYRD, JOHNSON, NOES NONE ABSTAIN NONE ABSENT NONE PEDROZA, SANTILLAN, AND VASQUEZ CLOSED SESSION NONE ADJOURNMENT Having no further d~scuss~on, ~t was moved by Member Pedroza, seconded by V~ce Chairman Johnson, and carned to adjourn the Special Lynwood Redevelopment Agency meebng at 2 20 p m, ~n memory of Josef Kekula's mother Let~cla Vasquez, Chairman Andrea L Hooper, Secretary AGENDA STAFF REPORT DATE TO APPROVED BY' PREPARED BY SUBJECT February 21,2006 Honorable Chairperson and Members of the Lynwood Redevelopment Agency N Ennque Martmez, Executwe D,recto~J,,~' Mananna Marysheva, Assistant City Manager - F~nanc~ Momca Castellanos, Accounbng Technician Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Agency Chairperson and Board Members approve the warrant register ..................... Attached Warrant Register dated February 21, 2006 .............. AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: February 21,2006 Honorable Cha,rperson and Members of,~h~.~L.~,~oard //~ ~ N Enr,que Mart,nez, Execut,ve D,rector~./.~.~/ (/.~ Mar~anna A Marysheva, Assistant C~t~ Manager- Finance.~~-/ RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES Recommendation: Staff recommends that the LRA Board of D~rectors adopt the resolubon titled, "RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES" Background: At the February 7, 2006 meebng, the LRA Board of D~rectors directed the Execuhve D~rector to enter into a modified contractual agreement w~th Ronald N Wdson, to prowde the Agency Legal Counsel services The Board of D~rectors approved a monthly expense cap of $30,000 for th~s contract (excluding out-of-pocket expenses), for all legal services except I~bgabon Discussion & Analysis: Attached for the Board of D~rectors' rewew and approval is a modified contractual agreement w~th Ronald N Wdson, which specifies the scope of work, ~ncludes the performance bmehne and sets the monthly spending hm~t of $30,000 (excluding out-of- pocket expenses) Furthermore, the monthly out-of-pocket expenses are hm~ted to $5,000, to enable careful planmng of spending The scope of work, compensabon and performance ~nd~cators are presented In Attachment "A" of the attached contract The modified contract ~s on a month-to-month bas~s, with an annual rewew prows~on L~bgat~on costs wdl be esbmated and considered separately The LRA Counsel can b~d to prowde these serv,ces, along w~th outside firms The LRA Board of D~rectors wdl determine whether to request the LRA Agency Counsel to perform these spec~ahzed services at their houdy rate (currently $250 per hour for th~s type of work), or to use outside firms The Legal Counsel, Ronald N Wdson, has rewewed and agreed w~th the terms of the proposed agreement, however requested that the LRA Board consider an annual spending hm~t of $360,000 (excluding out-of-pocket expenses), ~nstead ~fl~ly' cap of $30,000 ~GF~DA ITE~ Modified Contract - LRA Page 2 The contractual agreement was reviewed and approved by Richard Kreisler of Liebert Cassldy Whltmore, to avoid any potential conflict of ~nterest for Ronald N Wilson Mr Kreisler concurs with the terms of the modified agreement, and wdl s~gn off on ~t following the Board of Director's approval of the attached resolubon Fiscal Impact: The monthly spending cap of $30,000 (plus the out-of-pocket expenses of not-to- exceed $5,000) wdl result ~n an annual cost of not-to-exceed $420,000 G~ven that the new thresholds were not in place since the beginning of the fiscal year, the FY 2005-06 spending wdl be substanbally h~gher and ~s estimated at $613,000 The additional funding was allocated dunng the Mid-Year budget rewew For FY 2006-0?', only $420,000 w~ll be requested for the Agency Legal Counsel services, Coordinated with: Office of the Execubve D~rector LRA Counsel Attachment: 1) Resolubon To Authorize The Chairperson To Execute A Modified Contractual Agreement W~th Ronald N W~lson, For The Agency Counsel Services, At A Monthly Amount Of Not-To-Exceed $30,000 Excluding Out-Of-Pocket Expenses 2) Contractual agreement w~th Ronald N Wilson Modified Contract - LRA Page 3 RESOLUTION NO. RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N. WILSON, FOR THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES WHEREAS, the Board of D~rectors of the Lynwood Redevelopment Agency ("Board of Directors") desires to receive legal counsel services that are professional, high-quality but also cost-effective, and WHEREAS, the Board of D~rectors d~rected the Executwe Director to review the scope of work performed by Ronald N Wilson ~n his capacity as the Agency Counsel, the bdhng rates, and the ongoing costs incurred by the Lynwood Redevelopment Agency ("LRA") to recewe these services, and to recommend acbons to contain the costs while recewmg the h~gh quahty legal services needed by the LRA, and WHEREAS, the Execubve Director rewewed the monthly bdhng statements of Ronald N Wdson related to their prows~on of legal support services to the LRA, compared the bdhng rates to those ~n other comparable cities, and segregated the hbgat~on work from other legal servrces, and WHEREAS, the Executive D~rector negotrated the monthly spending threshold w~th Ronald N Wdson, and presented the spending cap recommendation to the Board of Directors on February 7, 2006; and WHEREAS, the Board of D~rectors authorized the Execubve Director to develop a modified contractual arrangement w~th Ronald N Wdson to prowde the Agency Counsel servrces at the monthly cost of not to exceed $30,000 excluding out-of-pocket expenses, and NOW, THEREFORE, the Board of D~rectors hereby finds, determines, and resolves as fotlows Section 1. That the modified contractual agreement w~th Ronald N Wdson, attached here~n and made a part of th~s resolution through th~s reference, be approved Section 2. That the contractual engagement be on a month-to-month basis, with the following monthly spending caps $30,000 for non-htlgabon services, and $5,000 for out-of-pocket expenses, as detaded m the attached contractual agreement Section 3 That the LRA Chairperson is authorized to execute a modified contractual agreement with Ronald N W~lson, per the attached contract Section 4. That th~s resolubon shall take effect Immediately upon ~ts adopbon PASSED, APPROVED and ADOPTED th~s 21St day of February, 2006 Modified Contract - LRA Page 4 Lebc~a Vasquez, Chairperson ATTEST AndreaL Hooper, AgencySecretaw APPROVED AS TO FORM N Ennque Ma~mez, Execubve D~rector APPROVED AS TO CONTENT Ronald Wdson Agency Counsel Vlananna A Marysheva Assistant City Manager - F~nance Modified Contract - LRA Page 5 CONTRACTUAL AGREEMENT WITH RONALD N. WILSON AGENCY COUNSEL LEGAL SERVICES AGREEMENT This agreement ("Agreement") is made as of February 22, 2006 by and between the Lynwood Redevelopment Agency ("LRA") and Ronald N. Wilson ("Agency Counsel") LRA and Agency Counsel are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties" RECITALS WHEREAS, LRA desires to utilize the services of Agency Counsel as an independent contractor to provide consulting services to LRA as set forth m the attached Exhibit A, and WHEREAS, Agency Counsel represents that it is fully qualified to perform such services by virtue oftts experience and the trmmng, education and expertise oftts pnnclpals and employees NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contmned, the parties hereto agree as follows 1. Agency Counsel's Services. A Scope of Services The nature and scope of the specific services to be performed by Agency Counsel are as described m Exhibit A. B Time of Performance Agency Counsel shall complete the specific services according to the schedule of performance which Is also set forth in Exhibit A 2. Term of Agreement This Agreement shall commence on February 22, 2006 (the "Commencement Date") and shall contmue on a month-to-month basis. The Agreement shall be terminable by either party, at any time, upon provision of thirty (30) calendar days written notice The tfurty (30) calendar days notice period shall commence mnmng upon the date of deposit of smd notice in the U S mall. No cause or reason(s) need be stated in support of a termination decision being rendered by either party 3. Compensation A LRA agrees to compensate Agency Counsel for services under this Agreement in comphance with the schedule set forth in Exhibit A Payment will be made only after submission of proper monthly invoices, which are timely and provide a detmled breakdown of the monthly services performed together with the hours spent on each service. The breakdown of the services must be provided by department and also by the specific issue Together with the hard copy invoices, a computer record of the services, hours and costs must be mmntalned by the Agency Counsel, and provided to the LRA upon request in Microsoft Word format, with a summary of payments in Excel B Monthly payment of fees to Agency Counsel for services rendered pursuant to this Agreement, shall not exceed $30,000 (tlurty thousand dollars) Upon wmten agreement of the Contractual Servxces Agreement- Ronald N Wdson Page I parties, fees may either be incurred at an hourly rate not to exceed $180.00 per hour for attorneys and $90 00 per hour for paralegals and law clerks, or on a flat fee per project in an amount agreed upon in writing prior to performance of each project Absent written agreement to perform services on a flat fee basis, services shall by default be rendered at the above hourly rate C If at the written request of the LRA, Agency Counsel is required to incur out of pocket expenses, (mcludmg but not limited to, photocoptes, messengers, out-of-town travel and lodging) reasonably necessary for the performance ofth~s Agreement, and whtch are not otherwise incurred by Agency Counsel as the reasonable and customary expenses of pract~cing as an attorney (1 e, office rental, vetucle lease/fees, staff, payroll, and similar expenses), Agency Cotmsel shall be entitled to reimbursement of such expenses Agency Counsel shall only be reimbursed for those expenses wtuch' 0) appear on Agency Counsel's monthly invoices; (n) are accompanied by a copy of the LRA's written authorization for Agency Counsel to incur such expenses, and (iii) receipts documenting such expenses The out-of-pocket expenses can not exceed $5,000 per month. Photocopies shall be billed at the rate of $0 20 per page 4. General Terms and Conditions The General Terms and Conditions set forth in Exhibit B are incorporated as part of tlus Agreement. In the event o f any inconsistency between the General Terms and Conditions and any other exl~blt to th~s Agreement, the General Terms and Conditions shall control unless it is clear fi.om the context that both pames intend the provisions of the other exhthlt(s) to control 5. Addresses LRA Lynwood Redevelopment Agency 11330 Bulhs Road Lynwood, CA 90262 Attn Mr N Ennque Martlnez, Executive Director AGENCY COUNSEL Ronald N Wilson 3700 Wllsture Boulevard, State 557 Los Angeles, Califorma 90010 Attn Ronald N Wilson 6. Exhibits All extublts referred to in flus Agreement are listed here and are incorporated and made part oftlms Agreement by tins reference Exhibit A Scope of Services, Compensation and Performance Review (two (2) pages) Exhibit B - General Terms and Conditions (seven (7) pages) SIGNATURES ON FOLLOVflNG PAGE Contractual Services Agreement - Ronald N Wilson Page 2 IN WITNESS WHEREOF, the part~es have executed th~s Agreement as of the dates written below LYNWOOD REDEVELOPMENT AGENCY By' Letmm Vasquez, Chmrperson AGENCY COUNSEL RONALDWILSON Date By Ronald Wilson Date ATTEST: By Andrea L Hooper, Secretary APPROVED AS TO FORM R~chard Kreisler Lmbert Cass~dy Wlutmore Contractual Services Agreement - Ronald N Wilson Page 3 EXHIBIT A SCOPE OF WORK, COMPENSATION AND PERFORMANCE REVIEW Scope of Work This contract ~s for non-htlgatlon services, ~ncludlng but not limited to the following · review of agenda items (reports and legislation) for the LRA, · attending meetings of the LRA, as well as CommIssmns and/or Committees as assigned, responding to questions at meetings, and providing follow-up information after meetings as requested, · drafting or rewew~ng contractual agreements, DDAs, ENAs and other agreements for the LRA, · research and analys~s of State and Federal legislation (approved or pending) impacting the LRA, · responding to inqumes and/or requests from the authorized contacts (as designated by the Executive Director), · research and analysis ofh~stoncal records necessary to provide legal opinion on a general ~nqmry, · drafting letters, legislation, reports and other ~tems as requested by the Executive Director, · other day-to-day assistance as requested by the Executive Director and/or his designees, · representation of the LRA and/or ItS officers at meetings, conference calls or events, as requested by the LRA Executive Director, and · attending meetings of and provl&ng legal support to the Planmng Commission, with responsibilities rotated with the Lynwood City Attorney every six months. Litigation services are specifically not covered by th~s agreement, and will be considered separately The Agency Counsel can b~d to prowde litigation services requested by the LRA, and, if retained, separate contractual agreements will govern such services Compensation LRA agrees to compensate Agency Counsel for fees for services LRA agrees to compensate Agency Counsel for services rendered under this Agreement in the amount of not-to-exceed $30,000 (thirty thousand dollars) Upon written agreement of the parties, fees may either be incurred at an hourly rate not to exceed $180 00 per hour for attorneys and $90 00 per hour for paralegals and law clerks, or on a flat fee per project In an amount agreed upon in writing prior to performance of each project Absent written agreement to perform services on a flat fee bas~s, services shall by default be rendered at the above hourly rate Performance Review A written annual admimstratlve performance evaluation of Agency Counsel's performance shall be reqmred within thirty (30) days of the first amnversary of the effective date oftlus Agreement, and each year thereafter throughout the term of this Agreement The performance indicators Contractual Services Agreement - Ronald N WflsonPage 4 below and the work product reqmred by this Agreement shall be Utdlzed as the basis for review, and any comments or complaints received by LRA dunng the ievlew period, either orally or m writing, shall be considered LRA agrees to provide written notice to Agency Counsel pertalmng to any allegations of inadequate performance or non-comphance with the terms of this Agreement Although LRA ~s not mandated to do so, it is authorized ~n the exercise of its discretmn to allow Agency Counsel an opportumty to respond to said allegations, and to determine the method and means of any such response Performance Indicators · Average number of days to respond to a request for a legal opnnon / analysis · Average number of hours to prepare a legal opinion / analys~s · Percentage change in the total LRA payment of attorney's fees from the last year · Percentage change in the LRA liability from the last year · Percentage ofclmms settled prior to lltsgation · Percentage of resolved clmms resulting in no monetary payout · Percentage of resolved lawsuits resulting in no monetary payout · Percentage of customers rating legal services as "good" or "excellent" · Percentage of customers rating legal services as timely The Agency Counsel is responsible for collecting data on the above indicators on a monthly basis, and present the results to the LRA upon the Executive Director's request (dunng the annual rewew as well as at other times as requested) Notwithstanding the "performance review" provisions in this Extubit A, no cause or reason(s) need be stated in support of a contract termination decision being rendered by either party (See Section 2 - TERM OF AGREEMENT in Agency Counsel Legal Services Agreement, smd terms taking precedence over any contrary terms in this Exhibit A ) Contractual Serwces Agreement - Ronald N W~lsonPage 5 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Agency Counsel xs, and shall at all times remmn as to LRA, a wholly Independent contractor Agency Counsel shall have no power to ~ncur any debt, obhgaUon, or hablhty on behalfofLRA or otherwise act on behalfofLRA as an agent Neither LRA nor any or,ts agents shall have control over the conduct of Agency Counsel or any of Agency Counsel's employees, except as set forth in th~s Agreement Agency Counsel shall not, at any nme, or ~n any manner, represent that ~t or any of its agents or employees are m any manner agents or employees of LRA B Agency Counsel agrees to pay all reqmred taxes on amounts paid to Agency Counsel under tins Agreement, and to mdemmfy and hold LRA harmless fi.om any and all taxes, assessments, penalUes, and ~nterest asserted against LRA by reason of the ~ndependent contractor relat~onshlp created by tins Agreement. In the event that LRA ~s audited by any Federal or State agency regardmg the independent contractor status of Agency Counsel and a specific finding ~s ~ssued by a court or arbitrator ~n accordance with the Los Angeles County Bar Dispute Resoluaon Program regarding the vahd~ty of a wholly independent contractor relat~onsbap between LRA and Agency Counsel, then Agency Counsel agrees to rennburse LRA for all costs, ~ncludmg accounting and attorney's fees, arising out of such audit and any appeals relating thereto, but only to the extent that such costs and fees are d~rectly attributable to the findings that Agency Counsel ~s not an ~ndependent contractor. Notwithstanding the foregoing, Agency Counsel shall only be hable to reimburse the LRA ff and only ~f such finding causes LRA to incur adthtmnal monetary obllgat~ons and such findings determine that Agency Counsel breached tins Agreement or otherwise failed to comply with the Rules of Professmnal Conduct of the State Bar of Cahfomm C Agency Counsel shall fully comply w~th the workers' compensation law regarding Agency Counsel and Agency Counsel's employees Agency Counsel further agrees to mdemmfy and hold LRA harmless fi.om any failure of Agency Counsel to comply w~th apphcable worker's compensation laws LRA shall have the right to offset against the amount of any fees due to Agency Counsel under tbas Agreement any amount due to LRA fi.om Agency Counsel as a result of Agency Counsel's fadure to promptly pay to LRA any reimbursement or ~ndemmficat~on arising under tins Section 1. 2. Standard of Performance. A Agency Counsel shall perform all work to the baghest professional standards and ~n a manner reasonably satisfactory to the Executive D~rector or ins/her designee The Executive D~rector or ins/her destgnee may from t~me to t~me assign additional or d~fferent tasks or services to Agency Counsel, provided such tasks are w~tinn the scope of services described m Exhibit A, and the ass~gmnent ~s evidenced m writing However, no additional or ~fferent tasks or services shall be performed by Agency Counsel other than those specified ~n Exhibit A, or those so assigned ~n writing to Agency Counsel by the Executtve Director or bas/her designee Contractual Services Agreement - Ronald N WfisonPage 6 B The Executive D~rector shall, until further notice to Agency Counsel, admlmster tins Agreement 3. Indemnification. A Agency Counsel is slalled ~n the professional calhng necessary to perform the services and duties agreed to be performed under flus Agreement, and LRA is relying upon the slall and knowledge of Agency Counsel to perform said services and duties. B. LRA and ~ts respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemmtees") shall have no hablhty to Agency Counsel or any other person for, and Agency Counsel shall ~ndemmfy, defend, protect and hold ham~less ]ndemmtees from and agmnst, any and all hablhtles, claims, actions, causes of action, proceedings, sutts, damages, judgments, hens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Clmms"), whmh Indemmtees may suffer or incur or to whmh Indemmtees may become subject by reason of or arising out of any ~njury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Agency Counsel's performance of or failure to perform any services under thru Agreement or by the actual neghgent or willful acts or omissions of Agency Counsel, ~ts agents, officers, directors, subcontractors, subconsultants or employees, conumtted ~n performing any o f the services under thts Agreement. Notwithstanding the foregoing, the proms~ons ofth~s subsection shall not apply to Clmms occurring as a result of the LRA's sole neghgence or wxllful acts or omissions C Agency Counsel agrees to obtmn executed lndemmty agreements with provisions identical to those set forth ~n this Sectxon from each and every subcontractor, subconsultant or any other person or entity Involved by, for, w~th or on behalf of Agency Counsel m the performance of this Agreement, designating those persons/entitles described in Section 3(B) above, as lndenm~tees In the event Agency Counsel fmls to obtmn such ~ndemmty obhgatmns from others as required in th~s Section, Agency Counsel agrees to be fully responmble accorthng to the terms of this Section Failure of the LRA to momtor compliance with these reqmrements imposes no additional obhgatlons on LRA and w~ll ~n no way act as a waiver of any rights hereunder This obhgatmn to mdemmfy and defend Indemmtees as set forth herren shall surwve the term~natmn of th~s Agreement and ~s ~n addition to any rights which LRA may have under the law. This lndemmty is effective w~thout reference to the emstence or apphcabd~ty of any ~nsurance coverages whmh may have been required under this Agreement or any adtht~onal insured endorsements which may extend to LRA 4. Insurance. A W~thout hmlt~ng Agency Counsel's ~ndemnfficatmn of Indemn~tees pursuant to Section 3 of this Agreement, Agency Counsel shall obtain and provide and mmntam at its own expense dunng the term of this Agreement the types and amounts of insurance as described below Contractual Servaces Agreement - Ronald N WflsonPage 7 0) Commercial General Liability Insurance using Insurance Services Office Commercial General Llabihty form CG 00 01 or the exact equivalent Defense costs must be paid in addition to limits There shall be no cross hablhty exclusion for clams or suits by one insured aganst another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent Limits shall be no less than $300,000 per accident, combined single hmit. If Agency Counsel owns no velucles, this reqmrement may be satisfied by a non-owned auto endorsement to the general liability pohcy described in the preceding subsection If Agency Counsel or Agency Counsel's employees will use personal autos in any way on this project, Agency Counsel shall provide evidence of personal auto liability coverage for each such person (111) Workers' Compensation msurance on a state approved policy form providing statutory benefits as required by law with employer's liability hmIts no less than $1,000,000 per accident for all covered losses, (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Agency Counsel and "Covered Professional Services" as designated In the policy must specifically include work performed under this Agreement The pohcy limit shall be not less than $1,000,000 per clam and in the aggregate The policy must "pay on behalf of" the insured and must include a provision estabhslung the insurer's duty to defend The policy retroactive date shall be on or before the effective date oftlus Agreement B The LRA shall be named as additional lnsureds on the above pohcy0es) as to commercial general habihty and automotive liability C All insurance procured pursuant to these requirements shall be written by Insurers that are admitted caners In the state of Califorma with a Best's rating of no less than A VII. D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance earner without the msurance career giving LRA thirty (30) days' prior written notice thereof Any such thirty (30) day notice shall be submitted to LRA via certified mai, return receipt requested, addressed to "Risk Manager," Lynwood Redevelopment Agency, 11330 Bulhs Road, Lynwood, California, 90262. Agency Counsel agrees that it will not cancel, reduce or otherwise modify sad insurance coverage E Agency Counsel shall submit to LRA (0 insurance certificates indicating comphance with the mimmum worker's compensanon insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other miamum insurance requirements above, not less that one (1) day pl~or to beginmng of performance under tlus Agreement Contractual Services Agreement Ronald N WflsonPage 8 Endorsements shall be executed on LRA's appropriate standard forms entitled "Add~ttonal Insured Endorsement" F The Agency Counsel's insurance shall be primary as respects the LRA, its officers, officials, employees and volunteers Any insurance or self-insurance maintained by the LRA, its officers, officials, employees and volunteers shall be excess of the Agency Counsel's insurance and shall not contribute with it G Agency Counsel agrees that ~fit does not keep the aforesaid insurance in full force and effect, and such insurance ~s avmlable at a reasonable cost, LRA may take out the necessary ~nsurance and pay the premmm thereon, and the repayment thereof shall be deemed an obhgatton of Agency Counsel and the cost of such insurance may be deducted, at the option of LRA, from payments due Agency Counsel 5. Confidentiality. Agency Counsel in the course of its duties may have access to confidential data of LRA, private individuals, or employees of the LRA Agency Counsel covenants that all data, documents, discussion, or other ~nformatmn developed or received by Agency Counsel or prowded for performance of this Agreement are deemed confidential and shall not be d~sclosed by Agency Counsel without wntten authorization by LRA LRA shall grant such authorization if disclosure ~s required by law. All LRA data shall be returned to LRA upon the termination of tlus Agreement Agency Counsel's covenant under tlus section shall survive the termmat~on of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Agency Counsel in the performance ofthts Agreement shall be and remmn the property of LRA without restriction or hmltatIon upon Its use or dissemination by LRA Such material shall not be the subject of a copyrtght applicatmn by Agency Counsel 7. Conflict of Interest. A Agency Counsel covenants that It presently has no interest and shall not acquire any interest, thrector or mthrect, which may be affected by the services to be performed by Agency Counsel under flus Agreement, or wluch would conflict in any manner w~th the performance of ~ts services hereunder. Agency Counsel further covenants that, in performance oftlus Agreement, no person having any such interest shall be employed by it Furthermore, Agency Counsel shall avoid the appearance of having any ~nterest wluch would conflict ~n uny manner with the performance of its services pursuant to tlus Agreement B Agency Counsel covenants not to gtve or receive any compensation, monetary or otherwise, to or from the ufumate vendor(s) of services to LRA as a result of the performance of th~s Agreement, or the services that may be procured by the LRA as a result of the reconunendations made by Agency Counsel Agency Counsel's covenant under tlus section shall survive the tenmnatmn oftlus Agreement 8. Termination Agency Counsel agrees that in the event of termination of tlus Agreement as provided for in Section 2(A) of the Legal Services Agreement, LRA's obligation to pay Contractual Services Agreement - Ronald N WfisonPage 9 Agency Counsel shall be limited to payment only for those services satisfactorily rendered prior to the effective date oftonmnatlon. Immediately upon receiving written not, ce of ternunat~on, Agency Counsel shall discontinue performing services, preserve the product of the services, and turn over to LRA the product of thc services m accordance with written instruction of LRA. LRA agrees to provide written notice to Agency Counsel pertalrang to any allegations of inadequate performance or non-compliance with the tom~s of thas Agreement Although LRA is not mandated to do so, it is anthonzed in the exercise of its discretion to allow Agency Counsel an opportumty to respond to said allegations, and to determine the method and means of any such response 9. Personnel. Agency Counsel represents that it has, or will secure at its own expense, all personnel required to perform the services under flus Agreement. All of the services reqmred under tins Agreement will be performed by Agency Counsel or under its supervaslon, and all personnel engaged in the work shall be qualified to perform such services Agency Counsel reserves the right to determine the assignment of its own employees to the performance of~ Agency Counsel's services under flus Agreement, but LRA reserves the right to require Agency Counsel to exclude any employee bom perforrmng services on LRA's premises 10. Financial Condition. Prior to entenng into tlus Agreement, Agency Counsel has subrmtted documentataon acceptable to the Executive Director, estabhshlng that it ~s financially solvent, such that it can reasonably be expected to perform the services required by th~s Agreement Wlflun tlurty (30) days of the first anmversary of the effective date of this Agreement, and each year thereafter throughout the term of flus Agreement, Agency Counsel shall submit such financial information as may be appropriate to establish to the satisfaction of the Executive Director that Agency Counsel is financially solvent Financial reformation submitted to the Executive Director shall be returned to Agency Counsel after review and shall not be retmned by LRA. 11. Non-Discrimination and Equal Employment Opportunity. A Agency Counsel shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, m the performance of its services and duties pursuant to this Agreement, and will comply w~th all roles and regulations of LRA relating thereto Such nondiscrimination shall include but not be limited to the following employment, upgrading, demotion, transfers, recruitment or recruitment advertmlng, layoff or termination, rates of pay or other forms of compensation; and selection for tralmng, including apprenticeship. B. Agency Counsel will, tn all solicitations or advertisements for employees placed by or on behalf of Agency Counsel state either that it is an equal opportumty employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, rehgnon, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation C Agency Counsel will cause the foregoing pro¥1smns to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard Contractual Services Agreement - Ronald N WdsonPage 10 commercial supplies or raw materials. 12. Assignment. Agency Counsel shall not assign or transfer any interest m this Agreement nor the performance of any of Agency Counsel's obligations hereunder, without the prior written consent of LRA, and any attempt by Agency Counsel to so assign this Agreement or any rights, duties, or obligations ansmg hereunder shall be void and of no effect 13. Performance Evaluation. A written annual admlmstrative performance evaluation shall be required wltlun thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term ofttus Agreement The performance indicators stated in Exl~blt A and the work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by LRA dunng the review period, either orally or in writing, shall be considered LRA shall meet with Agency Counsel prior to prepanng the written report Although LRA may consider th~s performance evaluation as a factor in deterrmmng whether or not to continue or terminate the Agency Counsel Legal Services Agreement, consideration of the performance evaluation report in the rendering of this determmahon, shall not constitute a requirement that cause or any other reason exists or be stated as a basis for ternunation of the Agreement by the LRA 14. Compliance with Laws. Agency Counsel shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations whmh in any mauner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement The Agency Counsel shall at all times comply with such laws, ordinances, codes and regulations The LRA, its officers and employees shall not be liable at law or in equity occasioned by failure of Agency Counsel to comply with tins Section 15. Licenses At all times dunng the term ofttus Agreement, Agency Counsel shall have in full force and effect all licenses (including a City of Lynwood business hcense) required of it by law for performance of the services hereunder 16. Non-Waiver of Terms, Rights and Remedies. Wmver by either party of any one or more of the conditions of performance under this Agreement shall not be a wmver of any other condition of performance under th~s Agreement In no event shall the making by LRA of any payment to Agency Counsel constitute or be construed as a waiver by LRA of any breach of covenant, or any default winch may then exist on the part of Agency Counsel, and the making of any such payment by LRA shall m no way impair or prejudice any right or remedy avmlable to LRA with regard to such breach or default 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions ofthrs Agreement, the prevadmg party in such action or proceeding shall be entitled to recover its reasonable attorney's fees and costs, including, but not limited to, costs of expert witnesses 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand dunng Agency Counsel's regular business hours or by facsimile before or dunng Agency Counsel's regular busmess hours, or (b) Contractual Services Agreement - Ronald N WflsonPage 11 on the thtrd business day followtng deposit in the Umted States mall, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parttes may, fi.om ttme to time, designate tn writing pursuant to the promstons ofttus section 19. Governing Law. This Agreement shall be interpreted, construed and enforced m accordance with the laws of the State of Cahforma 20. Counterparts. This Agreement may be executed in any number of counterparts, each of wluch shall be deemed to be the ongtnal, and all ofwhtch together shall constitute one and the same instrument 21. Severability. If any provision or any part of any provision ofthts Agreement is found to be tnvahd or unenforceable, the balance of this Agreement shall rematn tn full force and effect 22. Entire Agreement. Thts Agreement, and any other documents incorporated heroin by specific reference, represents the enttre and integrated agreement between Agency Counsel and LRA Tlus Agreement supersedes all prior oral or written negotlattons, representations or agreements Tbs Agreement may not be amended, nor any provision or breach hereof wmved, except tn a writing stgned by the Parties wluch expressly refers to ttus Agreement. Amendments on behalf of the LRA will only be vahd if signed by the Mayor and attested by the LRA Clerk 23. Authority The person or persons executtng tl~s Agreement on behalf of Agency Counsel warrants and represents that he/she has the authority to execute thts Agreement on behalf of the Agency Counsel and has the authority to bind Agency Counsel to the performance of tts obligations hereunder Contractual Services Agreement- Ronald N W~lsonPage 12 AGENDA STAFF REPORT DATE: February 21, 2006 TO: APPROVED BY: PREPARED BY: K~rk Pelser, Intenm Deputy Execubve D~recto~[~' '"/A-, ~, .. Bruno Naulls, Redevelopment Associate ~ ~ SUBJECT: REDEVELOPMENT OFFICE IMPROVEMENTS Recommendation: Staff requests that after rewew and cons~derabon, the Agency d~rect staff to take the following achons 1 Release an RFP for professional services related to the office ~mprovements to the Redevelopment Department, 2 Publicly advertise such RFP m a local newspaper and over the World W~de Web (Internet), 3 Form a panel for the purpose of rabng a m~mmum of three candidates and selecting the most quahfied and affordable contractor based on the submitted proposal and oral performance, and 4 Bnng results back to the Agency for contract approval Background/Detail: Staff ~s proposing to ~ssue an RFP (attachment) to retain a contractor to reconfigure the Redevelopment Department (Department) and ~nstall modular furniture for the purpose of creabng a more professional enwronment for staff, store and manage confldenbal documents, and estabhsh a more efficient workplace that ~s stdl conducive to assist the pubhc 1 2 The Redevelopment Department ~s located ~n the area prewously occupied by the Adm~mstrabve Servmes and Human Resources offices for the C~ty ~n C~ty Hall The office area ~s not set up to appropnately accommodate or receive the general pubhc Add~bonally, there ~s no separabon of space to acbvely define the pubhc area from the staff area which may present safety ~ssues 3 There ~s a need to design an effic,ent office workspace that factors ~n fihng and storage needs and creates a specific enwronment The design should be conduc4ve to the da~ly operabons of the Department relabve to meebng w~th the pubhc on a dady bas~s ~n the Housing D~ws~on w~th respect to rehabd~tabon programs, and meebng w~th developers, attorneys, etc, regarding Redevelopment 4 The proposed RFP wdl seek a contractor with the capabdlty to design and ~nstall a detailed outlay for office workspace, flhng and storage solutions that compliments the recent office ~mprovements to the newly relocated Redevelopment Department Discussion/Analysis: The Redevelopment Department (Department) ~s seeking to make internal office ~mprovements to create a more pracbcel enwronment for work and prowd~ng service to the pubhc An RFP ~s necessary to sohc~t services from professional office design firms Staff wdl mibate a formal b~d process and have the cend~dates go before a panel and be rated based on quahty of design, experience, and cost effecbveness, among other things Once the selecbon process ~s complete, staff wdl report to the Agency the results of the rating process and make a recommendabon based on the panehsts sconng Fiscal Impact: The acbon recommended ~n th~s report wdl not have a fiscal ~mpact The actual ~mprovements w~ll be performed for a cost not to exceed $30,000 when a contract ~s awarded The funds have been appropriated ~n the M~d-Year Budget Coordinated w~th Executwe D~rector's Office Rnance Department Agency Counsel (~ Attachment(s) Off~ce Improvement RFP LYNWOOD REDEVELOPMENT AGENCY Request for Proposals (RFP) Office Improvement Spec~flcabons for Design Outlay of Office Work Environment And Space Saving Solutions for the Lynwood Redevelopment Department Lynwood Redevelopment Agency - 1 - Office Improvements-Redevelopment INTRODUCTION The Lynwood Redevelopment Agency ("Agency") ~s soliciting Proposals from quahfled firms ("F~rm") to prepare and ~mplement a detailed design outlay of off~ce workspace and storage solubons that comphment recent ~mprovements to the Qty of Lynwood's Redevelopment Department located at Lynwood City Hall, 11330 Bulhs Road, Lynwood Cahfornla ("Project") The goal of the request is to create a h~gh quality worbng envrronment which ~s conducive to pubhc service and producbwty with an element of privacy so employees may efficiently conduct bus,ness While ma~nta~mng a modest budget, the Redevelopment Agency wants to ensure a quahty urban design for the overall ~mproved ~mage and attracbon of the Department The result of the requested services will accomphsh th~s goal and prowde a strong umfled theme throughout the Department as perceived by both the pubhc and personnel Such plans, gu~dehnes, and spec~flcabons together w~th the process of working w~th the Agency staff wdl help achieve an opbmum product that wdl help address ~mportant ~ssues such as spacing, use of natural hght, and storage space The desired plan would propose to ~nclude detaded spec~flcabons, cubicle spacing and use of open office area and recommendabons for colors, textures, and office furmture materials The subject area ~s newly painted and has new carpet that may be ubhzed as examples of possible themes to use as a foundabon for design concepts NOTE: Please be advised that th~s RFP process ~s being carned out pursuant to d~recbon by the Lynwood Redevelopment Agency and this RFP supercedes and replaces any prewous request or submittals for cost esbmates or scopes of service for the office ~mprovement menbon here~n Lynwood Redevelopment Agency - 2 - Office Improvements-Redevelopment SCOPE OF WORK It Is anticipated that the final product wdl act as a clear guide for improvements and enhance the overall image of the department area The tasks, dehverables, and general requirements hsted below serve as a suggested hst of tasks for the completion of the final plans and services Tasks/Deliverables The design product shall prowde the necessary elements to achieve a high quahty aesthebcally attracbve urban and architectural design whde allowing for creahwty and flex~bd~ty in the implementabon 2 The design product shall provide a un~fymg theme and identifiable character to achieve a strong pubhc friendly and professional environment which addresses the best possible use of space 3 Consult w~th staff to obtain ~nput and recommendations to guide the overall design recommendabons 4 Prowde detailed designs, plans, specifications and ~temlzed estimates for the ~mprovements 5 Improvement design elements shall ~nclude, but not necessarily be hm~ted to arrangement of cubicle enwronments, office equipment, file access, storage screemng, relocabon of electrical outlets, and other typical off~ce elements as approved or required Overall theme, element gu~dehnes, and recommended materials should take ~nto cons~derabon d~fferent levels of value and cost effecbveness that are appeahng and ~nclude, but not necessardy be hm~ted to a minimum of 3 cost opbons of equipment, furmture, and fixtures ranging from h~gh quahty execubve to base quahty economical whde ma~nta~mng a professional standard and appeal 7 Opbonal aesthebc elements that may be ~ncluded ~n the plans may be considered such as Office art, both hanging and stabonary, special promobonal d~splays, ~dent~flcabon type banner d~splays ~ncorporated Into the departments theme, areas, etc 8 The final documents and plans shall Include easdy understandable language and format and clear wsual graphic detads Lynwood Redevelopment Agency - 3 - Off/ce Improvements-Redevelopment General Requirements 1 Experience with office design and space management 2 Efficient, exped~bous response to dehverables and requested mod~flcabons to any draft rewews 3 4 All software applications or computer files generated for graphics, text, or p~ctonal 0f any) wdl be supphed to the Agency on a d~sk Software used by the consultant should be of a type that is compatible w~th the Agency's software apphcabons or converted from a given apphcabon to an Agency apphcabon All data, documents and other products used or developed dunng this project shall become the property of the Agency Schedule The consulbng firm wdl provide a work schedule for completing all tasks The time esbmates prowded for each task should be distinct periods and independent from each other given the need for City review of the individual task deliverables Lynwood Redevelopment Agency - 4 - Off~ce Improvements-Redevelopment PROPOSAL REQUIREMENTS Proposals should fulfill the requests made below but should also take th~s opportumty to demonstrate profess~onahsm and creat~wty A letter of mtroducbon briefly describing the firm and the name, address and phone number of the contact person as well as a summary of the firm's understanding of the project and overall approach to the scope of work The letter should be s~gned by an officer of the firm authorized to brad the firm to all commitments made ~n the proposal. 2 Quahflcat~ons of the firm and any subcontractors Please hlghhght the firm's experience, quahficabons, and capabd~bes Prowde a hst of subcontractors who may be h~red by the consultant as well as their expenence, quahflcat~ons, and capabd~t~es 3 A descripbon of projects conducted dunng the prewous five years ~n which the consulting firm has prowded s~mdar services to those outlined m th~s RFP Include the chent name, contact name, telephone number, and dates dunng which services were performed for a minimum of three chent references, ~ncludlng one pubhc agency Samples of work are desirable 4 Esbmated hours by task, overhead costs, subcontractor's expense and all reimbursable expenses including copying, pnnbng, and postage An orgamzabonal chart ~denbfy~ng the project manager and personnel for all key tasks Resumes for the project manager and key personnel are to be ~ncluded 6 Be pnnted on recycled paper (Optional) SELECTION PROCESS The Agency will rewew and evaluate all complete proposals received prior to the deadhne Selecbon of a consultant wdl be based on the quahty of the proposal, including comprehensiveness and responsiveness to the requirements of th~s RFP The cost of prepanng responses to th~s RFP shall be borne by the respondents and shall not be reimbursed by the Agency Proposals wdl be evaluated on the following criteria Responsiveness to RFP Quahty and creabv~ty of the proposal relabve to th~s project, ~ndudmg approach and methodology 40% 2 Experience with similar projects Expenence, quahflcat]ons, and capabd~bes of the consultm9 firm, project manager, techmcal personnel, and any subcontractors to be used 40% Lynwood Redevelopment Agency - 5 - Off/ce Improvements-Redevelopment 3 Cost and Commitment Cost effectiveness and commitment to schedule, including bid amount for consulting work on th~s project 20% An interview may also be required as part of th~s review process, ~f deemed necessary The consultant selected wdl enter into an Agreement with the Agency to work on the project The Agency has the authority to terminate ~ts Agreement w~th the consultant at any time if the Agency finds that the consultant's performance ~s not sabsfactory SUBMITTALPROCEDURES Written response proposals to this RFP must be received on or before March 8, 2006 at 5:00 P,M, Late or incomplete proposals wdl not be considered, and the Agency reserves the right to determine the completeness of all proposals Please dehver five cop~es of the proposal to Bruno Naulls, Redevelopment Associate Lynwood Redevelopment Agency 11330 Bulhs Rd Lynwood, CA 90262 The Agency reserves the right to reject all proposals If they are deemed unsuitable to the Agency's needs The Agency may select, negobate w~th and enter ~nto an agreement w~th a firm that can provide services ~n the best ~nterests of the Agency if there are any quesbons, please contact Bruno Naulls, Redevelopment Associate (ext 253) at (310) 603-0220 WAIVER OF RIGHTS The consultant waives all rights to seek legal remedies regarding any aspects of the RFP and the Agency's selecbon process, upon the submittal of a response to the RFP In cons~derabon of the compensabon and other benefits derived from any contract w~th the Agency, the consultant shall agree to ~ndemn~fy and hold the Agency harmless from claims or losses ans~ng from, or ~n connecbon with, all work relabng to the project The consultant shall be expected to ~ndemmfy the Agency, officers, employees or agents and hold sa~d personnel harmless from any and all claims, habd~bes, obhgabons and causes of acbon of whatever find or nature for injury to, or the death of any persons or the damage or destrucbon of property dunng the term of the contract Lynwood Redevelopment Agency - 6 - Off/ce Improvements-Redevelopment RIGHTS OF THE AGENCY The Agency reserves the right, at ~ts d~scret~on, to pursue any or all of the following acbons related to th~s RFP 1 Issue addenda to the RFP 2 Request additional ~nformatlon and/or clar~flcabon of the proposal 3 Negobate an agreement solely on the basis of the original proposals 4 Negobate an agreement on the bas~s of additional information supplied 5 Reject, for any reason, any or all proposals, permit the timely correction of errors, wmve minor dewabons or any ~nformahbes not affected by law, and accept or reject all or part of any proposal as may be best considered to serve the Agency's needs 6 Issue subsequent RFPs based on refinement of concepts proposed ~n response to th~s RFP CONTRACTUAL REQUIREMENTS The selected firm shall be required to enter ~nto a written contract (professional service agreement) w~th the Agency in a form approved by the Agency Attorney Please refer to the enclosed sample professional service agreement. SUPPLEMENTAL INFORMATION None Lynwood Redevelopment Agency - 7 - Office Improvements-Redevelopment AGENDA STAFF REPORT DATE TO APPROVED BY PREPARED BY February 21,2006 Honorable Chair & Members of the Agency ,¢~_ N Enrlque Martlnez, Execut,ve DlrectoCJ¢'/:'~', K~rk Pelser, Intenm D~rector of Redevelopment R~ta Mambusan, Redevelopment Assistant SUBJECT REDEVELOPMENT PROJECTS UPDATE Recommendation: Staff recommends that Agency Members receive and file the attached report which provides an update on the current Redevelopment Projects Background & Discussion: Th~s ~s the first of what staff proposes to be a quarterly status report regardCng Redevelopment Projects Currently, Redevelopment Staff ~s worbng on fifteen (15) open projects throughout Project Area "A", and there are no projects ~n the Alameda Project Area Attached is a hst of these projects, a brief project update and a map whmh ~denbfles the location of each ~nd~wdual project. In March, 2004, the Redevelopment Agency adopted Developer Relabons and Gu~dehnes, to estabhsh an outhne to be followed by staff for each project These attached Gu~dehnes outline the necessary steps to be taken from project concepbon, such as m~hal contact w~th the developer to basic concept approval, and concluding with the approval of a DIspos~bon and Development Agreement ("DDA"), Owner part~c~pabon Agreement ("OPA") or other such agreement with the Agency Fiscal Impact' None Coordinated With: Executive D~rector, F~nance and Legal Counsel ATTACHMENT RETAIL DEVELOPMENT 1 2 3 4 5 6 7 8 Plaza Mexico Plaza Mexico Phase II Long Beach Blvd East Long Beach Burton La Rumba Restaurant Long Beach Hotel Lynwood Auto Plaza Long Beach Elizabeth HOUSING DEVELOPMENT 9 10 11 12 13 14 15 Gertrude-Louise Mobde Home Park Development Redwood Homes Fernwood Homes Bu)hs-Fernwood Whlspenng Glen Tnangle Project RETAIL DEVELOPMENT 1 PLAZA MEXICO P~aza Mexico is located at 3100 Imperial Hwy This is a 36-acre project ~ncluslve of the Towne Center that Is comprised of a Food 4-Less Market, Rite-Aid, supporting retad and the ex~st~ng Marketplace Shopping Center Together these two centers include an open-air wllage type setting that includes anchor tenants such as HomeTown Buffet, Chuck E' Cheese, La Huasteca Restaurant and La Curacao 2 PLAZA MEXICO PHASE II The Plaza Mexico Phase II Project encompasses the area bounded by State Street on the east, Impenal Highway on the north and Fernwood Avenue on the south as the larger part of the project The smaller part of the Plaza Mexico II ENA includes the area bounded by Impenal Highway on the north, Long Beach Boulevard on the east, Beechwood on the south and Peach Street on the west Redevelopment Staff ~s currently holding b~weekly meebngs w~th the Plaza Mexico Team ~n order to ensure that progress ~s being made on both s~des Staff expects to have all of the appraisals for the project by m~d February and M & D has been tasked with making an attempt to negotiate purchase of the K & K S~te The uncertain status of the site's extent of enwronmental contamination makes th~s process an ongoing one The most recent bme esbmate for the K & K s~te owners to fully characterize the s~te's problems Is March Overall, M & D ~s making strong progress They have retained a senes of very good attorneys and consultants Although it will take some time to get through the enwronmental matters, M&D agreed to have their attorney prepare a first draft DDA for staff to rewew M & D has also retained Henry Madnd to assist ~n their financial analys~s and deal structuring 3 LONG BEACH EAST The Long Beach Boulevard East Project consists of approximately 138,773 square feet of proposed mixed-use retail and resldenbal development The Redevelopment Agency prewously selected Plaza Mexico as the Developer for th~s project A Draft ENA has been prowded to Plaza Mexico and the projects becoming part of the Redevelopment Staff and Plaza Mexico Expansion Team b~weekly meetings 4 LONG BEACH/BURTON The Long Beach Burton proposal was submitted by Premier Real Property Holdings, LLC and is located on both the east and west sides of Long Beach Boulevard, bordered by Burton Avenue on the north and Euclid Avenue on the south The Proposal includes 136,900 sq ft of M~xed Retail and Office Development An ENA was issued on June 7, 2005 5 LA RUMBA RESTAURANT La Rumba Restaurant is a proposal submitted by Mr Jose Escobar Th~s restaurant was formally located at the northwest corner of the Lynwood Plaza and was part of the relocabon by the Lynwood School D~stnct, The project proposal Is for a 6,900 square foot family restaurant to be located at the northwest corner of Mart~n Luther K~ng Jr BIvd and Long Beach Blvd The developer was ~ssued an ENA on June of 2004 The developer ~s negobabng for the purchase of property owned by the Grace Family of Helen Grace for the parcel located at the southwest corner of Long Beach Blvd and Tecumseh Avenue 6 LONG BEACH HOTEL The Long Beach Hotel ~s a proposal for a 180 room Hotel complex located on Long Beach Blvd, and bounded by Mulford Avenue to the north and the 1-105 freeway to the South The Proposal was submitted by the Sunway Group of O'~edand Park, KS and they were ~ssued an ENA tn December, 2004 In June, 2005, correspondence was sent to Mr Culbertson of Sunway, ~nform~ng h~m that because the requirements of the ENA had not been comphed w~th, the ENA was considered terminated Subsequent attempts to contact the developer have been unsuccessful 7 LYNWOOD AUTO PLAZA Located at the 1-710 and P105 ~nterchange at the east end of the C~ty The project ~s bounded by the 710 freeway on the east, the 105 freeway on the south, Wright Road on the west and Wsta H~gh School on the north The project proposal was submitted by VHB Associates The Developer has submitted letters of interest from at least two new Auto Dealerships VHB's proposal ~ncludes 20 acres of automobile related and other commercial uses and 15 acres of res~denbal development The RFP process for an EIR Consultant ~s in progress The Developer currently holds an ENA and ts work~ng w~th staff to negobate terms for a DDA 8 LONG BEACH- ELIZABETH The Long Beach Ehzabeth is a proposal submitted by Developer Chan Ku, LLC for a 130,680 square foot shopping center located on the east s~de of Long Beach Boulevard, bounded by Ehzabeth on the south and Marbn Luther K~ng, Jr on the north Th~s particular development wdl be an expansion of Mr Ku's ex~sbng development on Long Beach Boulevard at Alma Avenue which ~s scheduled to open ~n late March of 2006 HOUSING PROJECTS 9 GERTRUDE/LOUISE The Gertrude / Louise Housing Project ~s a proposal that was submitted by R~ta Construction for the construction of approximately four s~ngle famdy homes on Agency Owned Property Staff ~s currently working w~th the Developer on an ENA 10 MOBILE HOME PARK DEVELOPMENT Located at 4307 Carhn Avenue, developer Urban V~s~on wdl acquire the ex~sbng mobde home park and redevelop the s~te w~th manufactured housing, to be sotd to lease-purchasers at prices below current market for s~ngle-famdy homes 11 REDWOOD HOMES The Redwood Homes Project is being developed by Ray and Andy Patel of R~ta Construction The project ~ncludes the construcbon of n~ne detached s~ngle-famdy umts, three of which are designated affordable The Project is located on Redwood Avenue just east of State Street and ~s 85% complete 12 FERNWOOD HOMES The Fernwood Homes Project ~s a 42 single-family unit housing project, located on Fernwood Avenue, bounded by Bulhs Road on the west and Atlant,c Avenue on the east The Developer, Mr Herm~ho Franco was ~ssued a D~spos~bon and Development (DDA) on August 22, 2003 F~ve of the umts have been designated affordable 13 BULLIS-FERNWOOD The Bulhs-Fernwood Project is a proposal from Rita Construcbon to construct 11-14 single family detached homes on Agency owned property Staff ~s currently worklngwlth the Developer on an ENA The Exclusive Agreement wdl designate twenty-percent (20%) of these homes as affordable 14 WHISPERING GLEN The Wh~spenng Glen Housing Project Is located at the northwest comer of Atlantic and Carhn Avenue The developer, AbelI-Helou Homes, LLC was tssued a Dlspos~bon and Development Agreement on June 6, 2005 The project consists of 46 detached s~ngle-famdy homes to be constructed ~ns~de a gated community, rune of which are to be affordable Staff ~s currently working w~th the developer on the acquisition of ex~st~ng homes and businesses to assemble the project site 15 TRIANGLE PROJECT The Triangle Project is located ~n the west port~on of the C~ty, and ~s bounded by Alameda St to the west, Imperial Hwy to the south and Fernwood Ave to the north The project is approximately 12 acres ~n s~ze and the current uses are auto d~smanthng and pads sales The Agency currently has a D~spos~bon and Development Agreement w~th Casa Grande Development, LLC to construct a 120-umt S~ngle-Fam~ly Housing Development Project Design Consultants has been retained to prepare necessary CEQA cleanng documents and are currently worbng on an Imbal Study and traffic survey Consultant fees wdl be pa~d through the Developers Deposit Lynwood Redevelopment Agency II. III. IV V Developer Relation Guidehnes Lynwood Redevelopment Agency Imbal Contact A Interface w~th Staff B Consultabon / Onentatlon 1 Goals and Development Opportun~bes 2 Statutory Role of Agency 3 Gu~dehnes Presented 4 Sample Letter of Interest Letter of Interest A B C D E F G H I J K Request for Concept Approval Scope of Development Estimated Value Tangible Benefits Developer / Team Quahflcat~ons F~nanc~al Pro Forma Summary of F~nanc~al Commitments Locabon / S~te Plans Conceptual Elevabon Typical or Illustrabve Floor Plans Parbc~pabon Requested from the Agency Prehm~nary Review A Staff Rewew 1 Completeness 2 Consistency w~th Goals and Objecbves 3 F~nanc~al Feas~b~hty B Agend~zed for Agency Cons~derabon Basic Concept Approval A Concept Approval ~s Not an Exclusive Right B Affected Property Owners Nobfled C Affected Property Owners G~ven Opportunity to Present Plan D Cons~derabon of Compebng Proposals Compebng Proposals A Developer Select,on Committee B Evaluabon Cntena VI VII VIII IX Attainment of Agency Goals A R~ght to Reject Proposals B R~ght to Issue RFP Planning Committee Review A Any S~gmflcant Project w~th~n Project Area B Coord~nabon w~th Other Committees Exclusive Negotiations A Add~bonal Informabon B Staff Review C Agend~zed for Agency Cons~derabon D Terms of ENA 1 Negobabon Penod 2 Required Deposit D~spos~bon and Development Agreement A F~nal Terms Negobated B Possible Joint Pubhc Heanng C LRA Cons~derabon / Approval D DDA / OPA Governs Relabonsh~p DEVELOPER RELATION GUIDELINES CITY OF LYNWOOD REDEVELOPMENT AGENCY INITIAL CONTACT The ~mt~al ~nteract~on between the Lynwood Redevelopment Agency staff and prospecbve developer shall ~nvolve a general onentabon to project plans Goals and development opportumbes Add~bonally, the statutory role of the Agency ~n d~recbng and ~mplemenbng the plan ~s to be explained to the prospecbve developer If the developer elects to proceed, a Developer Letter of Interest (DLt) addressed to the Agency's Execubve D~rector shall be required and shall ~nclude the following a Ind~cabon of development ~nterest and request for basic concept approval b Scope of development, ~nclud~ng square footage totals, use and number of parking spaces c Esbmated development value (by square foot for land use subtotal) d Summary of tangible benefits ~nclud~ng jobs, sales taxes and property taxes accruing to the Agency e Summary of developer quahflcat~ons, Includ~ng other members of the development team f Development financial pro forma g Summary of financial commitments and capabd~t~es for the projects h Locabon / s~te plans Conceptual elevabon wews Typical or dlustrat~ve floor plans k Part~c~pabon requested from Agency, and L~st of any and all projects developed PRELIMINARY REVIEW Once a letter of ~nterest ~s received, ~t is rewewed by Redevelopment, Planmng, Pubhc Works and other departments for completeness and for consistency w~th project goals, objectwes, development requirements and financial feas~bd~ty The letter along w~th the accompanying materials ~s then presented to the Redevelopment Agency for basic concept approval BASIC CONCEPT APPROVAL Basic Concept Approval ~s an indication from the Agency that the land use and concept proposed are desirable, however, ~t ~s not an exclusive nght to negobate If Basic Concept Approval ~s granted, affected property owners, if any, are notified of the development interest and afforded a (30 day) period to state their interest m their own proposals for development of their property and the Agency w~ll afford the interested part,es w~th ample bme to submit EXCLUSIVE NEGOTIATIONS In the absence of compebng proposals or ~f the Agency elects to proceed w~th a developer on exclusive bas~s, the developer shall submit additional mformabon to staff for evaluabon ~nclud~ng a Corporate and ~nd~v~dual tax returns for the past three (3) years b Annual income statement and balance sheet for the past three years audited by a Certified Pubhc Accountant (Not applmable to projects of less than 30,000 square feet) c Current ~ncome statement and balance sheet prepared w~th~n last mnety days and audited by a Certified Pubhc Accountant (Not apphcable to projects of less than 30,000 square feet) d Name and address of band and bank off~cer where deveJoper conducts business e Ident~flcabon of collateral and/or personal corporate guarantee pledged to project f L~st of tenant commitments and any evidence thereof ~nclud~ng letters of interest and lease agreements g Permission to obtain law enforcement profile, and h Ind~cabon as to whether corporation or pnnc[pals have ever filed bankruptcy After staff reviews the add~bonal ~nformabon for completeness, the enbre proposal cons~sbng of all submissions shall be forwarded to Agency for consideration of an Exclusive Negot~abon Agreement Staff shall recommend a term for sa~d exclusive negobabons what w~ll lead to a D~sposlbon and Development Agreement (DDA) or an Owner Parbc~patlon Agreement (OPA)A good faith deposit shall be required from the developer ~n an amount based on the following schedule Developer shall be requ,red to deposit 5% of the Fair Market Value of the proposed site for the first $1,000,000 of the Fair Market Value Thereafter, Developer shall pay an additional 1% of the Fair Market Value as deposit for any amount above the first $1,000,000 of Fair Market Value Dunng the exclusive negobabon period staff shall pursue contract d~scusslons and prepare legally required economic and enwronmental review documents Only a D~spos~bon and Development Agreement (DDA) or Owner Parbc~patlon Agreement (OPA) shall contractually obhgate both the Agency and developer to the proJect COMPETING PROPOSAL Two or more proposals may receive Basic Concept Approval and compete for the same s~te Under such a c~rcumstance, the Agency shall authorize staff to ~n~hate a Developer Selecbon Committee consisting and representahves from vanous c~ty departments Each developer ~s to be nohfled that a select,on process wdl be undertaken and afforded the opportumty to participate on a compebbve bas~s The assigned staff person w~ll develop evaluabon cntena, the date, bme and place to make their presentahon The evaluabon criteria shall ~nclude, but not be hm~ted to the following a Development team quahflcat~ons, b Project concept and architectural design features, c T~m~ng, d Agency financial requirements and benefits, and e Tenant potenbal Each developer's concept and associated documentation shall be provided to selection committee members for rewew prior to the selechon ~nterv~ews If the committee requires add~bonal informabon to a~d the decision making process, th~s request shall be forwarded to the developer Upon conclusion of the select~on process, the selecbon committee shall render its ranking for LRA consideration Each proposal is considered proprietary and shall not be shared w~th compehng interests Prospective developers shall not be prowded an opportunity to view a compebtor's proposal dunng the committee's rewew ATTAINMENT OF AGENCY GOALS In order to attain the goals of the project area, the Agency reserves the nght to ~ssue, request for proposals, request for quahflcat~ons and otherwise market project area s~tes Th~s may be done even ~f a proposal exists for a s~te and has been granted basic concept approval The Agency further reserves the right to reject all proposals ~f the Board determines such proposals wdl not sabsfactory fulfill the goals of the Agency PLANNING AND COMMITTEE REVIEW The Redevelopment Department and any committee estabhshed by the Agency r the Execubve D~rector, shall review development plans and spec~flcabons for any project w~th~n a redevelopment project areas as officially designated by the C~ty Councd, prowded that sa~d projects meet the following cnter~a A Construchon, relocation, alteration, rehab~htabon or expansion of buddings or structures, which contain more than one thousand (1,000) square feet floor area B Installabon of s~gns w~th advertising area which total more than one hundred (100) square feet DEVELOPMENT AGREEMENT NEGOTIATION Following developer selecbon and the execubon of an Exclusive Negobabon Agreement Staff wdl commence negobabon of a D~spos~hon and Development or Owner Part~cipahon Agreement Cop~es of the conceptual plans shall be routed to vanous c~ty departments for review and comment The developer pro forma shall be rewewed by staff and/or an economic consultant to obtain a land reuse value analys~s Staff shal~ m~t~ate the necessary environmental rewew m comphance w~th apphcable laws Once the terms of development are agreed upon, a contract ~s prepared and taken under cons~derabon by the Agency and C~ty Council, approval of the development agreements ~s accomphshed through a pubhc heanng, whereby pubhc notice of the sale of land by the Agency to the developer is given If the developer owns the enbre s~te, a joint public heanng ~s not required and all documents are approved by LRA After execubon, the DDA or OPA shall serve to govern future Agency / Developer relabonsh~ps Each party shall perform respons~b~ht~es according to scheduie assigned ~n the contract Upon fulfillment of all contract prows~ons, a Cert~hcate of Complebon shall be recorded as ewdence of project comphance w~th the Redevelopment Plan CD DATE TO APPROVED BY PREPARED BY SUBJECT AGENDA STAFF REPORT February 21, 2006 Honorable Chair and Members of the Lynwood Redevelopment Agency N Ennque Martmez, Executive D~rector/f'~-/ K~rk Pelser, Intenm D~rector of Redevelopment EVALUATION OF PROPOSALS FOR DEVELOPMENT OF COMMERCIAL/MIXED USE PROJECTS ALONG LONG BEACH BOULEVARD BETWEEN MARTIN LUTHER KING, JR BOULEVARD AND IMPERIAL HIGHWAY Recommendation: Staff recommends that the Agency consider the informat~on in this report and direct staff to commence negotiations of an Excluswe Negotiation Agreement (ENA) w~th one of the following two developers · The Charles Company · Kermam/Unwersal Background: The port~on of Long Beach Boulevard between Impenal H~ghway and Martin Luther K~ng, Jr Boulevard (MLK) is an area of s~gnlflcant development interest as demonstrated by recent commercial development on both the east and west sides of the Boulevard The Charles Company has been interested m expanding their development holdings beyond the Long Beach Pluma commercial project that they completed m 2004 The Agency prewously entered into an ENA w~th the Charles Company that covered both s~des of Long Beach Boulevard between Imperial H~ghway and MLK That six month ENA was onglnally executed in November 2004 It was extended for an additional three months and ultimately expired m August 2005. During the t~me that the Charles Company ENA was in place, other developers, recognizing the opportunity afforded by the matunng Lynwood market, started to acquire land on both s~des of Long Beach Boulevard One of these developers, the Kerman~/Umversal team, has developed the nearly complete commercial project on the east side of Long Beach Boulevard between Ehzabeth Avenue and Norton Avenue Over the past five months, Agency staff has stayed m regular contact w~th both development teams and has received and analyzed their res )ectlve project proposals As noted above, the prewous Charles Company ENA z~;A~Led_both AGEN A s~des of Long Beach Boulevard However, due to Issues of project feas~bd~ty, our current d~scuss~ons have focused upon the west side of Long Beach Boulevard between Norton Avenue and Impenal H~ghway. Analysis: Both developers are seasoned and appear very capable of performing the tasks necessary to ~mplement their respecbve projects However, ~t is Important to note that staff's analys~s of the proposed projects has not been conducted on an "apples to apples" bas~s Rather, these projects represent dCferent approaches and v~s~ons and each have their own d~sbnct charactensbcs The Charles Company Proposal The Chades Company's project proposal features Approximately 185,000 square feet of retad uses w~th one large (133,000 square feet) anchor tenant As proposed, the anchor tenant's budding would be budt on a concrete podium w~th ground level parking beneath the budding and one add~bonal level of subterranean parking. · The balance of the project ~s compnsed of three smaller retail/restaurant buddings ranging ~n s~ze from 5,700 - 11,250 square feet. · The conceptual plan calls for all of the buddings to front along Long Beach Boulevard w~th parbng m the rear area of the site Implementabon of th~s project concept wdl hkely require a financial contnbubon by the Agency Detads of th~s are addressed ~n the Conslderabons secbon below The Universal/Kermani Proposal The Umversal/Kermanl project proposal features · Approximately 112,000 square feet of retad and res~denbal uses ~n a s~ngle s~x level budding. The budding ~s orgamzed w~th retad/restaurant uses on the ground floor, a concrete podium for parking on levels two and three and another two to three levels of res~denbal uses above. The conceptual plan call for the budding to onent toward the rear of the 's~te wKh the retail parbng component fronting along Long Beach Boulevard · Implementabon of this project concept ~s not hkely to require a financial contnbubon by the Agency Considerations As mentioned above, these conceptual proposed projects are qu~te d~fferent from one another Factors for the Agency Members to consider ~n determining whether to award an ENA to one developer include, ~n no parbcular order, the follow~ng Based upon staff analysis and that of the RSG, the Charles Company proposal wdl hkely require financial assistance from the Redevelopment Agency Th~s would probably ~nclude the need to contribute roughly 25- 50% of the project's sales and property tax revenues to the developer over thirty years and would also require some level of Agency contnbubon to land costs of approximately $5-$8 per square foot All together, the project might necessitate an Agency investment of $2md - $5mll It ~s important to note that these financial projections are only esbmates at this point in bme and should not be considered final It ~s doubtful that the financial need would increase but it is possible that ~t might be lower · The Charles Company proposal would require the developer, or Agency, to acquire all of the land necessary to build The Umversal/Kerman~ team currently owns more than half of the development s~te and whde they would I~ke to acquire more land, they are wdlmg to develop a smaller project solely on the land they currently own. · The Umversal/Kerman~ team has ~nd~cated they w~ll not request any financial contnbubon from the Agency. Regardless of which Developer the Agency selects to enter into an ENA w~th, ~t should be expected that the project concept wdl evolve as factors such as zoning, design, elements to be ~mplemented from the Long Beach Boulevard Specific Plan, market demand, etc come more clearly ~nto focus As such, ~t ~s adwsable to evaluate the proposals on a very conceptual bas~s and not as a "beauty pageant" The Umversal/Kermam proposal offers a smaller project but one that can be completed ~n a shorter period of bme than that wh,ch the Charles Company proposes On the other hand, the Charles Company proposal ~s more "b~g p~cture" and urban in ~ts onentabon Wh~le the Charles Company's project wdl require an Agency financial contribution, the retad tenants hkely to lease space there would be larger m size and would reflect more national tenant types Fiscal Impact: The Agency costs of negobabng and entenng into an ENA are m~n~mal and should not exceed $1,500 If an ENA ~s entered ~nto, the selected develop wdl be reqmred to make a developer deposit of $30,000 to $40,000 to pay for Agency costs dunng the ENA period Coordinated With: F~nance Depatment Development Services Agency Counsel Attachments. Charles Company S~te Plan Universal/Kermam S~te Plan IMPERIAL HIGHWAY LYNWOOD, CA ,/ :!