HomeMy WebLinkAboutCDC/2005-33
RESOLUTION NO.
CDC/2005-33
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN SHOBER
CONSULTING, INC. AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR RELOCATION PLAN AND
RELOCATION SERVICES (CENTRAL CITY NORTH - DOWNTOWN
ACQUISITIONS)
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WHEREAS, on August 15, 2005, the Community Development Commission
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("Commission") authorized the Redevelopment Agency of the City of San Bernardino
("Agency") to acquire two (2) parcels (APNs: 0134-093-05 and 06) located at 745 West 5th
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Street within the Central City North Redevelopment Project Area ("Project Area"); and
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WHEREAS, and one of those parcels (APN: 0134-093-05) contains a seventeen (17)
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unit fully occupied residential apartment complex of which the residents will need to be
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permanently relocated to allow for future development within the Project Area; and
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WHEREAS, the California Redevelopment Law ("CRL") requires that pnor to
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displacement of any resident, a Relocation Plan be prepared in order to assess the relocation and
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housing needs of each resident and to quantify relocation benefits in accordance with State Law;
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and
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WHEREAS, the firm of Shober Consulting, Inc. ("Consultant") has numerous years of
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experience and expertise in all areas of relocation services and relocation plan preparation in
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accordance with the Uniform Relocation and Real Property Acquisition Policies and the State of
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California Housing and Community Development Guidelines (California Code of Regulations,
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Title 25) and the Agency wishes to engage the services of the Consultant to carry out the
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Agency's relocation responsibilities pursuant to the terms in the Professional Services
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Agreement ("Agreement") attached hereto and incorporated by herein reference.
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CDC/2005-33
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
Section 1. The Commission hereby approves the Agreement attached hereto and
incorporated herein by reference and the Executive Director of the Agency is hereby authorized to
execute the Agreement on behalf of the Agency in substantially the form attached hereto, together with
such changes therein as may be approved by the Executive Director and Agency Counsel. The
Executive Director or such other designated representative of the Agency is further authorized to do any
and all things and take any and all actions as may be deemed necessary or advisable to effectuate the
purposes of the Agreement, including making non-substantive modifications to the Agreement.
The Resolution shall become effective immediately upon its adoption.
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CDC/2005-33
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN SHOBER
CONSULTING, INC. AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR RELOCATION PLAN AND
RELOCATION SERVICES (CENTRAL CITY NORTH - DOWNTOWN
ACQUISITIONS)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a j oint regular
meeting thereof, held on the 3rd day of October
,2005, by the following vote to wit:
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Commission Members: Ayes Nays
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ESTRADA X
II LONGVILLE X
12 MCGINNIS X
13 DERRY --K-
14 KELLEY ~
IS JOHNSON X
MC CAMMACK X
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Abstain
Absent
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The foregoing resolution is hereby approved this
October
,2005,
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Judith Vall, airperson
Commun' YI evelopment Commission
of the Ci ):I of San Bernardino
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Approved as to form and Legal Content:
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By:
A~/I~
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CDC/2005-33
PROFESSIONAL SERVICES AGREEMENT
Relocation Plan and Relocation Services
Central City North Redevelopment Project Area (Downtown)
(Shober Consulting, Inc.)
This PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into
as of October 3,2005, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency"), and SHO~.ER CONSULTING, INC., a California corporation (the
"Consultant") .
RECITALS
WHEREAS, on August 15,2005, the Community Development Commission ("Commission")
authorized the Agency to acquire two (2) parcels (APNs: 0134-093-05 and 06) located at 745 West 5th
Street within the Central City North Redevelopment Project Area ("Project Area"); and
WHEREAS, and one of those parcels (APN: 0134-093-05) contains a seventeen (17) unit fully
occupied residential apartment complex of which, the residents will need to be permanently relocated
to allow for future development within the Project Area; and
WHEREAS, the California Redevelopment Law ("CRL") requires that prior to displacement of
any resident, a Relocation Plan be prepared in order to assess the relocation and housing needs of each
resident and to qualify relocation benefits in accordance with State Law; and
WHEREAS, the firm of Shober Consulting, Inc. ("Consultant") has numerous years of
experience and expertise in all areas of relocation services and relocation plan preparation in
accordance with the Uniform Relocation and Real Property Acquisition Policies and the State of
California Housing and Community Development Guidelines (California Code of Regulations, Title
25) and the Agency wishes to engage the services of the Consultant to carry out the Agency's
relocation responsibilities pursuant to the terms in the Agreement incorporated by herein reference.
NOW, THEREFORE, in consideration of mutual covenants set forth herein and the mutual
benefits to be derived there from, the parties agree to enter in the Agreement as follows:
1. TERM.
This Agreement shall commence as of the day and year first above and shall remain in full
force and effect for a period of twelve (12) months (See Exhibit "A" for further time frames to
perform the Scope of Services).
2. CONSULTANT RESPONSIBILITIES.
The Consultant shall perform each element of the work, described in the Scope of Services
attached hereto as Exhibit "A" and within the times specified herein and the Scope of Services.
Consultant commits the principal personnel listed below to the Scope of Services for the
duration of this Agreement:
Consultant: Georgia Marquis
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3. AGENCY RESPONSIBILITIES.
The Agency shall provide the Consultant with any documentation, records, reports, statistics or
other data or information pertinent to the Scope of Services, which are reasonably available to
the Agency, and necessary to complete assignments.
4. CONFIDENTIALITY OF REPORTS.
The Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder. Such information shall not be made available to
any person, news release, firm, corporation, or entity without prior written consent of the
Agency's Executive Director or designee.
5. COMPENSATION.
The maximum compensation for all Consultant's services, including Consultant's costs,
expenses and travel time or travel expenses, shall not exceed Forty One Thousand Five Hundred
Dollars ($41,500.00). This amount includes Four Thousand Dollars ($4,000.00) for the
preparation and delivery of the Relocation Plan and Thirty-Seven Thousand Five Hundred
Dollars ($37,500.00) for Relocation Services. During the Term ofthis Agreement, the Agency
shall pay the Consultant on a monthly basis upon receipt of an itemized invoice from
Consultant. Said compensation shall be considered full and complete reimbursement for all of
the Consultant's costs associated with the services provided hereunder.
6. USE OF FUNDS.
The funds paid to the Consultant shall be used solely for the purpose as set forth in this
Agreement and in accordance with the Scope of Services. The Consultant shall remain in
compliance with all state, federal and local laws prior to the receipt of any reimbursement
hereunder.
7. NONDISCRIMINATION:
PERFORMANCE.
MONITORING
AND
REPORTING
WORK
The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex,
marital status, or physical handicap. At the request ofthe Executive Director, or designee, the
Consultant shall provide reports, graphics, or other work products. Failure to provide such work
products may prevent payment of the Consultant's requests for compensation, and may justify
the temporary withholding as provided herein. The Agency reserves the right to waive such
breach, without prejudice to any other of its rights hereunder, upon a finding by the executive
Director or designee that such failure was due to extraordinary circumstances and that such
breach has been timely cured without prejudice to the Agency.
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8. CONFLICT OF INTEREST.
The Consultant shall maintain a code or standard of conduct. Consultant shall neither solicit nor
accept gratuities, favors, or anything of monetary value for work completed under the Scope of
Services. To the extent permissible by state laws, rules and regulations, the standards adopted
by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be
applied for violations of such standards by the Consultant.
9. INDEPENDENT CONTRACTOR.
The Consultant shall perform each element of the work set forth in the Scope of Services as an
independent contractor and shall not be considered an employee ofthe Agency. This Agreement
is by and between the Consultant and the Agency, and is not intended, and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association, between the Agency and the Consultant.
10. SUCCESSOR AND ASSIGNMENT.
The services as contained herein are to be rendered by the Consultant whose name is as appears
first above written and said Consultant shall not assign nor transfer any interest in this
Agreement without the prior written consent of the Agency.
11. INDEMNIFICATION.
Consultant agrees to indemnify, defend and save harmless the Agency and the City of San
Bernardino ("City"), its agents, officers and employees from and against all liability, exp,.:n:sc,
including defense costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury or property damage arising
from or connected with the Consultant's operations, or its services hereunder, including
workers' compensation suit, liability or expense, arising from or connected with the services
performed by or on behalf ofthe Consultant pursuant to this Agreement. The costs, salary, and
expenses of the Agency's legal counsel in enforcing this Agreement on behalf of the Agency
shall be considered as "legal fees" for the purpose of this Section.
12. INSURANCE.
The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during the
term of the policy a "General Policyholder's Rating" of at least A(v), as set forth in the then
most current edition of "Best's Insurance Guide," as follows:
Automobile Insurance. The Consultant and each of its 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.
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Comprehensive General Liability and Automobile Insurance. The Consultant shall maintain
comprehensive general liability and automobile liability insurance with a combined single limit
of not less than One Million Dollars ($1,000,000.00) per occurrence.
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.
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 ofthe insurance requirements of this Agreement shall name
the Agency, its officials, officers, employees, attorneys, representatives and agents as additional
insured and shall provide that the policy may not be cancelled, terminated or modified, except
upon thirty (30) days prior written notice to the Agency.
13. COMPLIANCE WITH LAWS.
The parties agree to be bound by applicable federal, state, and local laws, regulations and
directives as they pertain to the performance of this Agreement.
14. SEVERABILITY.
In the event that any provision herein contained is held to be invalid, void or illegal by any court
of competent jurisdiction, the same shall be deemed severable from the remainder of this
Agreement and shall in no way affect, impair, or invalidate any other provision contained
herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision
shall be deemed valid to the extent of the scope or breadth permitted by law.
15. INTERPRETATION.
No provision ofthis Agreement is to be interpreted for or against either party because that party
or that party's legal representative drafted such provision, but this Agreement is to be construed
as if it were drafted by both parties hereto.
16. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the retention of the Consultant by Agency and contains all the
covenants and agreements between the parties with respect to such retention.
17. WAIVER.
No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of
any provision shall not be deemed to be a waiver of any other breach of the same of any other
provision hereof.
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18. CONTRACT EVALUATION AND REVIEW.
The ongoing assessment and monitoring ofthis Agreement is the responsibility ofthe Executive
Director or designee.
19. TERMINATION.
This Agreement may be terminated for the convenience of either party by giving written notice
of at least thirty (30) days.
20. NOTICE.
Notices herein shall be presented in person or by certified or registered United States mail, as
follows:
To Consultant:
Shober Consulting, Inc.
Attention: Bob Shober
520 South Sepulveda Boulevard, Suite 204
Los Angeles, California 90049
(310) 476-5433
To Agency:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
(909) 663-1044
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
21. ENTIRE AGREEMENT.
This Agreement with Exhibit "A" constitutes the entire understanding and agreement of the
parties.
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CDC/200S-31 ~.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first written above.
Date: /0 ~ h >-
/ /
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
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p
xecuynirector
Approved as to form and
legal content:
Byl2~jj~
CONSULTANT
Date:
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LYc:AO(~ ().. .2<r0
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Shober Consulting, Inc.
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CDC/2005-33
EXHIBIT" A"
SCOPE OF SERVICES
1. Preparation of Relocation Plan for Residents residinl! at 745 West 5th Street ("Site")
The Consultant will prepare a Relocation Plan for the seventeen (17) residents residing in the Site in
conformance with all requirements of the State of California Housing and Community Development
Guidelines (California Code of Regulations, Title 25) and the Federal Uniform Act, if applicable. The
Plan will identify possible replacement resources and help to determine the costs related to relocating
the residences displaced by the Agency from the Site. The Plan may identify potential challenges and
issues associated with the displacements and solutions will be developed to minimize the adverse
impacts of displacements. The active steps in the Relocation Plan preparation process include but are
not limited to:
1. Interview all 17 affected occupants to determine relocation needs. The interview queries
household information such as the number, ages and gender of all occupants, income of the
household, distance to employment and utilized neighborhood services, special needs of the
household, etc.
2. Research the marketplace for available replacement locations and/or establish rent schedules and
compile all costs related to such relocation activities; and compile available housing
replacement sites, and calculate relocation and moving expense costs.
3. Draft Relocation Plan for presentation to Agency; upon approval by the Agency, make the Plan
available for public inspection, make any needed revisions derived from the public inspection
period, and prepare the final Relocation Plan for approval by the Agency.
The Consultant shall complete and deliver the draft Relocation Plan within sixty (60) days from the
date of this Agreement, and final version of the Relocation Plan to the Agency within eighty (80) days
from the date this Agreement is approved.
2. Relocation Assistance Prol!ram Implementation (17 tenants located at the Site)
The Consultant will follow the Uniform Relocation and Real Property Acquisition Policies and the State
of California Housing and Community Development Guidelines (California Code of Regulations, Title
25) to implement a controlled relocation assistance program consistent with law and with the City's
goals. The Consultant shall conduct the following activities necessary for the effective relocation of
residential occupants:
1. Conduct personal, on-site interviews of all tenants to ascertain relocation housing needs and
special requirements; inform displaced persons of available relocation assistance services and
benefits, and explain relocation process and prepare relocation benefit letter, if necessary.
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2. 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.
3. Subject to the review and approval of the Agency, prepare and distribute Informational
Statements, Notices of Displacement, ninety (90) Day Notices to Vacate, and other notices, as
may be required.
4. Provide written referrals to replacement housing and physically assist displacees in locating
replacement housing, including transporting individuals to view replacement sites, ifnecessary.
5. Determine eligibility for and proposed amount of relocation benefits, including moving
payments, and rentaVdown payment assistance.
6. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary"
requirements. Monitor the move to replacement site, as necessary.
7. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and
submit claim forms to Agency for processing and payment and deliver benefit checks and other.
appropriate payments to the claimants.
8. Maintain all necessary case documentation and provide Agency with periodic standard status
reports. Within forty-five (45) days from completion of the Scope of Work, the Consultant shall
deliver to the Agency all claimants file along with a matrix summarizing all names, addresses of
relocates, including the replacement site address and final compensation paid by the Agency.
Prepare replacement housing/down payment assistance entitlement reports for displaced
households, as needed.
The Consultant shall work to diligently complete the above relocation services within two hundred
sixty (260) days from the Effective Date of the Agreement. The Executive Director of the Agency or
his or her designee may extend said time for completion of the Scope of Services for an additional
period of90 days, should unique circumstances occur beyond the control of the Consultant.
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