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HomeMy WebLinkAboutCDC/2001-29 (See Companion Resolution CDC/2001-28) 1 2 RESOLUTION NO. CDC/2001-29 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT) WHEREAS, an area of the City of San Bernardino (the "City") generally situated along the west side of Tippecanoe Avenue to the north of the right-of-way of the Interstate 10 Freeway referred to as the "HUB Project Site" is within the redevelopment project area of the Inland Valley Development Agency, ajoint powers authority formed pursuant to Health and Safety Code Sections 33492.10 et seq., for the purpose of assisting in the conversion and civilian reuse of the former Norton Air Force Base and other lands situated in the City; and WHEREAS, the Inland Valley Development Agency, the City and the Redevelopment Agency of the City of San Bernardino (the "Agency") entered into an agreement entitled "1999 Redevelopment Cooperation Agreement" dated as of July 12, 1999 (the "Redevelopment Cooperation Agreement"), pursuant to which the Inland Valley Development Agency granted the Agency the right, power and authority to act for and on behalf of the Inland Valley Development Agency for the purposes of exercising the redevelopment powers of the Inland Valley Development Agency; and 19 20 21 22 23 24 25 26 27 28 WHEREAS, the HUB Project Site contains residential and commercial developed properties, and the Agency initiated certain studies and proposals to address a number of issues of community concern on the HUB Project Site relating to blight and conditions associated with obsolete commercial design, deferred maintenance, traffic circulation and conflicting commercial-residential neighborhood property use and community design in an effort to eliminate and prevent the spread of blight from the HUB Project Site; and WHEREAS, the Agency approved a Disposition and Development Agreement, dated as of May 21,2001, with SBT Partners, LLC, regarding redevelopment of the HUB Project Site (the "DDA"); and Pacific Relocation Cons. wpd -1- CDC/2001-29 1 WHEREAS, under the DDA, the Agency should exert its best efforts in cooperation with the 2 Inland Valley Development Agency to acquire thirty-five (35) parcels containing sixty-three (63) 3 residential units and one (1) business by December 2001; and 4 WHEREAS, on July 23, 2001, the City has adopted a Relocation Plan addressing the 5 circumstances and needs of affected households; and 6 WHEREAS, the Agency, as currently staffed, does not have the manpower to manage the 7 relocation of the number of properties required for Phase I of the HUB Project within the time 8 parameters set forth in the DDA; and 9 WHEREAS, to meet occupant relocation obligations in the DDA, the Agency obtained the 10 services of Pacific Relocation Consultants to prepare the Relocation Plan. 11 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 12 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, 13 CALIFORNIA, AS FOLLOWS: 14 Section 1. On July 23,2001, the Agency considered the Professional Services Agreement 15 with Pacific Relocation Consultants, attached to this Resolution as Exhibit "A" (the "Agreement") at 16 a public meeting. The minutes of the Agency Secretary for the July 23,2001, meeting of the Agency 17 include a record of all documents, communication and testimony submitted to the Agency regarding 18 the Agreement. 19 Section 2. The Commission hereby approves the Agreement in the form attached hereto as 20 Exhibit "A." The Chairperson ofthe Commission and the Agency Secretary are hereby authorized and 21 directed to execute the Agreement on behalf of the Agency together with technical and conforming 22 changes, as may be recommended by the Executive Director and Agency Counsel. 23 1// 24 1// 25 26 27 28 Pacific Relocation Cons.wpd -2- CDC/2001-29 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF 2 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR RELOCATION SERVICES BETWEEN THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO AND PACIFIC RELOCATION CONSULTANTS (HUB PROJECT) 4 5 6 Section 3. This Resolution shall take effect upon adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a joint regular meeting thereof, 8 held on the 23rd day of July ,2001, by the following vote, to wit: 9 Commission 10 ESTRADA LIEN 11 McGINNIS SCHNETZ 12 SUAREZ ANDERSON 13 McCAMMACK 14 15 16 17 18 19 20 21 22 By: 23 24 25 26 27 28 AYES NAYS ABST Am ABSENT X X X X X X The foregoing Resolution is hereby approved this July ,2001. Pacific Relocation Cons.wpd -3- 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of 4 Community Development Commission ofthe City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 6 the Community Development Commission of the City of San Bernardino this day of ,2001. 7 8 9 10 11 Secretary of the Community Development Commission of the City of San Bernardino 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pacific Relocation Cons. wpd -4- CDC/Z001-Z9 REDEVELOPMENT AGENCY OF TIlE CITY OF SAN BERNARDINO AGREEMENT FOR RELOCATION SERVICES (Pacific Relocation Consultants) This AGREEMENT FOR REAL ESTATE ACQUISmON SERVICES (the "Agreement") is made and entered into as of June 18, 2001, by and between the REDEVELOPMENT AGENCY OF TIlE CTIY OF SAN BERNARDINO (the "Agency"), a public body existing and functioning pursuant to Health and Safety Code Sections 33000, et seq., and PACIFIC RELOCATION CONSULTANTS, a California corporation (the "Consultant"), NOW, TIlEREFORE, IN CONSIDERATION OF TIlE PREMISES AND MUfUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTIlER GOOD AND VALUABLE CONSIDERATION, TIlE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, TIlE PARTIES HERETO AGREE AS FOLLOWS: 1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the consulting services set forth in the Scope of Services attached hereto as Exhibit " A" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. 2. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant a fee NOT TO EXCEED $125,000.00 for performance of the services set forth in the Scope of Services. B. The compensation designated in subsection A shall be the "Total Fee" for the performance of the work set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incUITed for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Executive Director 201 North AE@ Street, Suite 301 San Bernardino, California 92401 HUB Relocation Consulting Contract 1 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the Executive Director, within thirty (30) days of such approval. 3. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the event oflitigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 4. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys= fees, for injury or damage of any type claimed as a result of the negligent acts or omissions or willful misconduct of the Consultant, its officers, employees, subcontractors and agents, arising from or related to performance by the Consultant of the work required under this Agreement, except to the extent that such loss or damage may be caused by the negligence or willful misconduct of the Agency, its officers or employees. The costs, salary and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of the Agency shall be considered as "attorneys' fees" for purposes of this paragraph. 5. INSURANCE. A. The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that HUB Relocation Consulting Contract 2 maintain during the term of the policy a "General Policyholder=s Rating" of atleastA(v), as set forth in the then most current edition of "Best=s Insurance Guide," as follows: (1) Automobile Insurance. The Consultant and each ofits subcontractors shall maintain comprehensive automobile liability insurance of not less than $1,000,000.00 combined single limit per occurrence for all vehicles leased or owned by the Consultant or its subcontractors and used in completing the work required under this Agreement. (2) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (3) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performance of the Scope of Services of this Agreement in an amount of not less than $1,000,000.00. B. Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon 30 days prior written notice to the Agency. 6. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIAl ~<:: AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, correspondence or other documents generated by or on behalf of the Consultant for performance of the work set forth in the Scope of Services shall be the property of the Agency, as of the time of their preparation and payment therefore by the Agency, and shall be delivered to the Agency upon written request to the Consultant. 7. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 8. CONFIDENTIALITY OF MATERIAL<::AND INFORMATION. TheConsultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or HUB Relocation Consulting Contract 3 information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 9. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights arid remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 10. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this section, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 11. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt HUB Relocation Consulting Contract 4 requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This section shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, California 90802-4432 Attention: David Stadler Agency: Redevelopment Agency of the City of San Bernardino Attention: Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Consultant under this Agreement. 13. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. 14. CONSULTANT AND EACH SUBCONTRACI'OR ARE INDEPENDENT CONTRACfORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neitherthe Consultant nor any ofits subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by Consultant or its subcontractors to perform any item of work described in the Scope of Services. 15. SEVERABILTIY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. HUB Relocation Consulting Contract 5 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 17. AMENDMENT OR MODIFICATION. ThisAgreementmayonlybemodified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 19. NON- WAIVER Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 21. REPRESENI'ATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will constitute an original. 23. EFFECTIVENESS OF AGREEMENT AS TO THE Agency. This Agreement shall not be binding on the Agency, until signed by an authorized representative of the Consultant, approved by the Agency, approved as to form by Agency Counsel and executed by the Chairperson of the Community Development Commission of the City of San Bernardino and the Agency Secretary. 24. CONFLICTS OF INTERFSf. Consultant hereby represents that it has no interests adverse to the Agency, at the time of execution of this Agreement. Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency. HUB Relocation Consulting Contract 6 Further, Consultant hereby represents and warrants to Agency that Consultant and any partnerships, individual persons or any other party or parties comprising Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to Agency as set forth in this Agreement. IIII IIII IIII IIII HUB Relocation Consulting C<lntract 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Redevelopment Agency of the City of San Bernardino Dated: By: Judith Valles, Chairperson Community Development Commission Dated: By: Agency Secretary Approved As To Form: By: Agency Special Counsel CONSULTANT Pacific Relocation Consultants, a California corporation Dated: By: TItle: Dated: By: TItle: HUB Relocation Consulting Contract 8 EXHmIT "A" SCOPE OF SERVICES HUB RETAIL PROJECf RELOCATION SERVICES (66 cases) RELOCATION IMPLEMENTATION SERVICES A. Conduct the following activities necessary for the effective relocation of residential occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on-going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 9o-Day Notices to Vacate, and other notices, as may be required. 5. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, induding transporting individuals to view replacement sites, if necessary. 6. Prepare replacement housing/down payment assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rentaVdown payment assistance, and replacement housing payments. 8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. 9. Prepare all applicable benefit claim forms, secure daimant's signatures on daim forms, and submit claim forms to Agency for procassing and payment. 10. Monitor the move to replacement site, as necessary. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide Agency with periodic standard status reports. B. Conduct the following activities necessary for the effective relocation of business occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance services and benefits, and explain relocation procass. 3. Prepare and distribute Informational Statements, Notices of Displacement, 9O-Oay Notices to Vacate, and other notices, as may be required. ". 4. Assist displacees in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on-going advisory assistance to business displacees, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, insuring thorough coordination with Agency staft and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to Agency for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide Agency with periodic standard status reports. PROJECT MANAGEMENT SERVICES A. Participate in project coordination meetings with the Agency. B. Advise and assist the Client in the development and implementation of any administrative policies, procedures and forms necessary for the creation of an effective relocation program. C. Provide ongoing general consultation and project coordination with the Agency, social service agencies, governmental entities, and designated consultants and vendors, D. Represent the Agency in citizen group meetings, Project Area Committee (PAC), presentations, hearings and other meetings. E. Provide liaison with public oversight agencies such as state Department of Housing and Community Development, United State Department of Housing and Urban Development, FAA, FHWA, state Departments of Transportation.