HomeMy WebLinkAboutR30-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
FROM: Maggie Pacheco
Executive Director
SUBJECT: Professional Services Agreement
California Property Speeialists, Inc.
(Central City North Redevelopment Project
Area - Downtown Acqnisitions)
DATE: November 14, 2006
Svnoosis of PreviODS Commission/CounciVCommittee Action(s):
On November 9, 2006, Redevelopment Committee Members Estrada, Baxter and Johnson unanimously voted to
recommend that the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community Develooment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency")
to execute a Professional Services Agreement by and between the Agency and California Property
Specialists, Inc., for relocation services (Central City North Redevelopment Project Area - Downtown
Acquisitions)
Contact Person(s):
Maggie Pacheco
Central City North
Redevelopment Project Area
Phone:
(909) 663-1044
Project Area(s)
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) D Letters
FUNDING REQUIREMENTS
SIGNATURE:
CUJ
$ 64,400
Source:
LowlMod Housing Bond Proceeds
Commission/Counell Notes:
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P:\Agendas\Comm Dev Cornmisliion\CDC 2006\11-20-06 CPSl- Downtown Reb:ation SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/2012006
Agenda Item Number: K. 3 D
ECONOMIC DEVELOPMENT AGENCY
e
STAFF REPORT
PROFESSIONAL SERVICES AGREEMENT - CALIFORNIA PROPERTY SPECIALISTS, INC.
(CENTRAL CITY NORm REDEVELOPMENT PROJECT AREA -
DOWNTOWN ACQUISmONS)
BACKGROUND:
On February 7, 2005 and again on April 4, 2005, the Community Development Commission
("Commission") authorized Staff to send Owner Participation Rights Notices ("OPR Notices") to certain
property owners within the boundaries of "P' Strejlt, 4th Street, 5th Street and 1-215 Freeway ("Study
Area") within the Central City North Redevelopment Project Area ("Project Area"). The purpose of
sending the OPR Notices was to determine the level of interest that the property owners had in
participating with the Agency in redeveloping the Study Area. (See attached Map of Study Area).
Some of the property owners within the Study Area responded that they were interested in selling their
property to the Agency. As a result, the Commission authorized Staff to make offers and to enter into
negotiations to acquire the parcels within the Study Area. To date, successful negotiations have resulted
in the acquisition of nine (9) parcels from four (4) different property owners.
Currently, the Agency is in escrow to purchase the Royal Motel located at 755 West 5th Street. The Royal
... Motel has forty (40) rooms. The Agency is also in the process of acquiring two (2) other properties
- through condemnation. The fIrst of these properties is the Paradise Motel, which is located at 795 West 5th
Street. The Paradise Motel has fIfty-two (52) rooms. The second property is 495 North ..a" Street, which
has two (2) businesses. The fIrst business is a Coin Laundry and the second is the $.98 & Up' Convenience
Store.
CURRENT ISSUE:
Staff has determined that there are eight (8) "permanent" residents at the Royal Motel and it is estimated
that there are approximately ten (10) "permanent" residents at the Paradise Motel. A permanent resident is
defmed as a person who has resided at the same location for at least ninety (90) days. Between the two
(2) motels, there are approximately eighteen (18) permanent resident occupied rooms that will need to be
relocated once the Agency has acquired title to the motels. California Redevelopment Law ("CRL")
requires that prior to displacement of any resident that a Relocation Plan be prepared in order to assess the
relocation and housing needs of displaced residents. Further, the CRL states that the Agency shall
provide relocation assistance and certain benefIts to those residents that will be displaced because of the
Agency's redevelopment activities. It is expected that it will take approximately sixty (60) days for the
Relocation Consultant to prepare the Relocation Plan. While the Relocation Consultant is working with
the displaced residents, Agency Staff, working in concert with the on-site property manager, will be
responsible for ensuring the proper management and maintenance of the motels. The motels will be able
to continue to operate until the Agency has been able to relocate all permanent residents.
... Additionally, the Relocation Consultant will work to relocate the three (3) businesses (Paradise Motel,
_ Coin Laundry and the .98" & Up Convenience Store). .
P;\AgeDdas\Co1llln Dew Commissioa\CDC 2006\11.2O-{I6 (]ISI . Downcowa Relocation SR.doc
COMMISSION MEETING AGENDA
Meeting Date: IlI2OI2OO6
Agenda Item Number:
Economic Development Agency Staff Report
CPSI - Professional Services Agreement
Page 2
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Therefore, in accordance with the Agency's procurement procedures, Agency Staff sent Request for
Proposals ("RFP") to three (3) firms (Universal Field Services, Inc., California Property Specialists, Inc.,
("cpsr' or "Consultant") and Paragon Partners, Inc.) that specialize in relocation services. Each firm
submitted a proposal and the results are as follows:
Universal Field Services, Inc.
Paragon Partners, Inc.
CPSI
Relocation Plan
$6,600
$5,000
$5,500
Relocation Services
$64,500
$61,800
$58,900
Total
$71,100
$66,800
$64,400
All the firms have years of experience in relocation plan preparation and relocation services. After
reviewing each proposal for thoroughness, CPSI was chosen on the basis of cost and expertise. CPSI
consulting representatives have worked with the Agency on current and past relocation projects and have
provided quality services for the Agency. Those current relocation projects include 6'" & "0" Streets
(AGA, LLC In-Fill Housing Project), 49'" Street (Telacu In-Fill Housing Project) and the Meadowbrook
Housing Project on 2nd Street and Sierra Way.
ENVIRONMENTAL IMPACT:
None.
e "SCAL IMPACT:
The costs for the relocation plan and relocation services of $64,400 will be paid from the Agency's Low
and Moderate Bond Proceeds.. In addition to these costs, the relocation benefits and payments to be paid
to displacees (residents and businesses) is estimated to be $486,000 and will also be paid from the
Agency's Low and Moderate Bond Proceeds. (Note: Should the Agency not acquire all of the properties
referenced in the Agreement there will be a proportional adjustment to the total amount owing to the
Consultant thereby decreasing the Agency's costs. Refer to Section 5 of the Agreement)
RECOMMENDATION:
ev opment Commission adopt the attached Resolution.
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P:\AceDdas\Coow Dcv Commission\CDC 2006\II.2().()6 asI - Downtown RelocaUon SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/2012OO6
Agenda Item Number:
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC., FOR
RELOCATION SERVICES (CENTRAL CITY NORTH REDEVELOPMENT
PROJECT AREA - DOWNTOWN ACQUISITIONS)
7
8
WHEREAS, on April 3, 2006, the Community Development Commission (the
"Commission") authorized the Redevelopment Agency of the City of San Bernardino (the
9
"Agency") to acquire one (I) parcel located at 755 West 5th Street (APN: 0134-093-40) (the "Royal
10
11
12
13
Motel") within the Central City North Redevelopment Project Area (the "Project Area"); and
WHEREAS, on July 10, 2006, the Commission adopted Resolution No. CDC/2006-26
authorizing the Agency to proceed with the acquisition of one (1) parcel, through condemnation,
located at 495 North "G" Street (APN: 0134-101-28) (the "Allied Property") within the Project
.14
Area; and
15
.27
28
16
WHEREAS, on October 16, 2006, the Commission adopted Resolution No. CDC/2006-45
17
authorizing the Agency to proceed with the acquisition of one (1) parcel, through condemnation,
located at 795 West 5th Street (APN: 0134-093~41) (the "Paradise Motel") within the Project Area;
and
18
19
20
21
22
23
24
WHEREAS, the permanent residents of the motels and the three (3) businesses (Paradise
Motel, Coin Laundry and the .98t & Up Convenience Store) will need to be permanently relocated
to allow for future development within the Project Area; and
WHEREAS, the California Redevelopment Law (the "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 quantify relocation benefits in accordance with State Law;
25
and
26
WHEREAS, the Agency is required to assist and provide relocation services for the
businesses that are displaced as a result of redevelopment activities per California Government
Code Section 7620; and
I
P:\Agendas\Resolulions\Rnokuions\2006\11_20-06 epsI. Dowmown Relocalion CDC Resodoe
_1
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15
-l
,
WHEREAS, California Property Specialists, Inc. (the "CPSI" or "Consultant") has
2 numerous years of experience and expertise in all areas of relocation services and relocation plan
3 preparation in accordance with the Uniform Relocation and Real Property Acquisition Policies and
4 the State of California Housing and Community Development Guidelines (California Code of
5 Regulations, Title 25) and the Agency wishes to engage the services of CPSI to carry out the
6 Agency's relocation responsibilities pursuant to the terms in the Professional Services Agreement
7 (the "Agreement") attached hereto and incorporated by herein reference.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
10 FOLLOWS:
11
Section 1.
The Commission hereby approves the Agreement by and between the
12 Agency and CPSI in the form as attached hereto as Exhibit "A" and as presented to the
13 Commission upon adoption of this Resolution, and the Commission hereby authorizes the
Executive Director of the Agency to execute the Agreement on behalf of the Agency together with
such technical and conforming changes as may be recommended by the Executive Director of the
16 Agency and approved by the Agency Counsel.
The Resolution shall become effective immediately upon its adoption.
17 Section 2.
18 //1
19 III
20 //1
21 //1
22 1//
23 //1
24 1//
25 //1
26 //1
_27 //1
28
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P:\Agcndas\Rcsolulions\ResolutionsIJ006\11_20-06 CPSI- DownlOwn Reloealion CDC Re&o.do(:
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3
4
5
6
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC., FOR
RELOCATION SERVICES (CENTRAL CITY NORTH REDEVELOPMENT
PROJECT AREA - DOWNTOWN ACQUISITIONS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting
8 thereof, held on the day of , 2006, by the following vote to wit:
9 Commission Members: Aves Navs Abstain Absent
10 ESTRADA
11 BAXTER
12 VACANT
13 DERRY
e 14 KELLEY
15
JOHNSON
16 MC CAMMACK
17
18
19
Secretary
day of
,2006.
20 The foregoing resolution is hereby approved this
21
22
23
24
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
25
26
By:
_.27
28
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EXHIBIT "A"
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CALIFORNIA PROPERTY SPECIALISTS, INC.
PROFESSIONAL SERVICES AGREEMENT
Relocation Plan and Relocation Services
Central City North Redevelopment Project Area (Downtown Acquisitions)
This PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into as
of November 20, 2006, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency"), a public body, corporate and politic and CALIFORNIA PROPERTY
SPECIALISTS, INC., a California corporation (the "Consultant").
RECITALS
WHEREAS, on April 3, 2006, the Community Development Commission (the "Commission")
authorized the Agency to acquire one (I) parcel located at 755 West 5th Street (APN: 0134-093-40) (the
"Royal Motel") within the Central City North Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Royal Motel has forty (40) rooms of which eight (8) are occupied by permanent
residents; and
WHEREAS, on July 10, 2006, the Commission adopted Resolution No. CDC/2006-26
authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, located
at 495 North "G" Street (APN: 0134-101-28) (the "Allied Property") within the Project Area; and
WHEREAS, there are two (2) businesses located on the Allied Property (the .98t & Up
Convenience Store and Coin Laundry); and
WHEREAS, on October 16, 2006, the Commission adopted Resolution No. CDC/2006-45
authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, located
at 795 West 5th Street (APN: 0134-093-41) (the "Paradise Motel") within the Project Area; and
WHEREAS, the Paradise Motel has fifty-two (52) rooms of which it is estimated that
approximately ten (10) are occupied by permanent residents; and
WHEREAS, the permanent residents of the motels and the three (3) businesses (paradise Motel,
Coin Laundry and the .98t & Up Convenience Store) will need to be permanently relocated to allow for
future development within the Project Area; and
'f
WHEREAS, the California Redevelopment Law (the "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 quantify relocation benefits in accordance with State Law; and
WHEREAS, the Agency is required to assist and provide relocation services for the businesses
that are displaced as a result of redevelopment activities per California Government Code Section 7620;
and
I
P:\Agcndu\AgeQda Altaduncnu\Agrml~AInaId 2006\11-2().{l6 aSI- DoMllOwn Relocatioa ServiecI ~.doc
.
.
.
WHEREAS, the 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 Professional
Services Agreement (the "Agreement") attached hereto and incorporated by herein reference.
NOW, THEREFORE, in consideration of mutual covenants set forth herein and the mutual benefits
to be derived therefrom, the parties agree to enter into the Agreement as follows:
1. TERM.
This Agreement shall commence as of the day and year first written above and shall remain in full
force and effect for a period of twelve (12) months. However, the Executive Director of the
Agency or his/her designee may extend the term of the Agreement for a period of ninety (90) days
should unique circumstances occur beyond the control of the Consultant.
2. CONSULT ANT 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 in the Scope of Services. The
Consultant commits the principal personnel listed below to the Scope of Services for the duration
of this Agreement:
Consultant: Georgia Marquis
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
Executive Director of the Agency or his/her 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 Sixty Four Thousand Four Hundred Dollars
($64,400). This amount includes Five Thousand Five Hundred Dollars ($5,500) for the preparation
and delivery of the final draft Relocation Plan and Fifty Eight Thousand Nine Hundred Dollars
($58,900) for Relocation Services related to the twenty-one (21) displaces noted in the Recitals of
this Agreement. During the term of this Agreement, the Agency shall pay the Consultant on a
monthly basis upon receipt of an itemized invoice from the Consultant. Said compensation shall be
2
P:~ Attal:hments\Agrmts-Arnend 2006\11-20-06 CPSI- Downlown RebQ(Qn SeMees AgreemeDt.doc
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considered full and complete reimbursement for all of the Consultant's costs associated with the
services provided hereunder. However, the total compensation of this Agreement shall be adjusted
downward should (i) the Agency not acquire title to the properties referenced in this Agreement or
(ii) there are a lesser number of individuals or businesses to be relocated in accordance with the
Consultant's budget as referenced in the Consultant's proposal dated October 25, 2006. (For
example: $2,550 per each resident; $4,000 for a Motel Business Owner and $4,500 for 2
Businesses)
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: MONITORING AND REPORTING WORK PERFORMANCE.
The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex,
marital status, or physical handicap. At the request of the Executive Director of the Agency, or
his/her 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 of the Agency or his/her designee that such failure was due to extraordinary
circumstances and that such breach has been timely cured without prejudice to the Agency.
8. CONFLICT OF INTEREST.
The Consultant shall maintain a code or standard of conduct. The 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 of the 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.
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11. INDEMNIFICATION.
The Consultant agrees to indemnify, defend and save harmless the Agency and the City of San
Bernardino (the "City"), its agents, officers and employees from and against all liability, expense,
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 of the 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 companie:
authorized to do business in the State of California and must maintain during the term of the polic}
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 One Million Dollars ($1,000,000)
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.
Comorehensive General Liabilitv 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) per occurrence.
Worker's Comoensation 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.
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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,
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.
h
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.
4
P:\ASeMu\Ajenda Attrrdlments\Agl'mts-Amend 2006\11-20-06 CPSI. Downcown Rekleation Savices Agrecmml_doe
e 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 of this 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 ifit
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 the Agency and contains all the
covenants and agreements between the parties with respect to such retention.
17. WAIVER.
e
No breach of any provision hereof can be waived unless in writing. Waiver of anyone (I) breach
of any provision shall not be deemed to be a waiver of any other breach of the same of any other
provision hereof.
18. CONTRACT EVALUATION AND REVIEW.
The ongoing assessment and monitoring of this Agreement is the responsibility of the Executive
Director of the Agency or hislher 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:
e.
California Property Specialists, Inc.
Attn.: Kent Jorgensen
600 West Santa Ana Boulevard, Suite 115
Santa Ana, California 92701
Phone: (714) 550-4628
Fax: (714) 200-0809
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To Consultant:
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.
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To Agency:
Redevelopment Agency of the City of San Bernardino
Attn.: Maggie Pacheco, Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 663-2294
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
21. BUSINESS REGISTRATION CERTIFICATE.
The Consultant warrants that it possesses, or shall obtain immediately after the execution and
delivery of this Agreement, and maintain during the period of time that this Agreement is in effect,
a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code
together with any and all other licenses, permits, qualifications, insurance and approvals 0:
whatever nature that are legally required to be maintained by the to conduct its business activities
within the City.
22. ENTIRE AGREEMENT.
This Agreement, with Exhibit "A" constitutes the entire understanding and agreement of the
parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first written above.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Date:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
By: C~J1=
Agency Cou I
CONSULTANT
Date:
California Property Specialists, Inc.
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EXHIBIT" A"
SCOPE OF SERVICES
1. Preoaration of Relocation Plan for Residents residine: at 755 & 795 West Sib Street("Site'')
The Consultant will prepare a Relocation Plan for the estimated eighteen (18) 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 Relocation 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 Relocation 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 an estimated eighteen (18) 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 the Agency; upon approval by the Agency, make the
Relocation 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 Commission.
The Consultant shall complete and deliver the draft Relocation Plan within ninety (90) days from the
date of this Agreement, and final version of the Relocation Plan to the Agency within one hundred
twenty (120) days from the date this Agreement is approved.
2. Relocation Assistance Proe:ram Imolementation (Estimated 18 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 the law and with the City's
goals. The Consultant shall conduct the following activities necessary for the effective relocation of
residential occupants:
1.
2.
Begin relocation assistance within a reasonable time after the first offer has been made.
Determine whether displacee has potential eligibility for replacement housing allowance by
verifying displacee's time in residence. Meet with the displacee in person. Complete Displacee
Needs Questionnaire, present relocation brochure and business card. Explain the entire
relocation program as it applies to residential occupants.
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Explanation includes: Explanation of determination of RAP entitlement, moving options,
eligible expenses, criteria for replacement housing, decent, safe and sanitary standards, time of
payments, ninety (90) day letter, possibility of continuation of current residence beyond ninety
(90) days, and appeal procedures.
Determine family composition, income, and special problems. Identify in detail the displacee's
needs, desires, and problems related to the move. (If an interpreter is needed, have them
involved in all aspects of the program and have notices translated into appropriate language.)
Present alternatives and solutions for areas of concern which are readily resolvable. Write down
questions and concerns to discuss with an Agency representative.
Schedule subsequent appointments with displacee to respond to all issues and provide assistance.
Collect rental/listing information from the Multiple Listing Service, Internet, Realtors, classified
newspaper ads, and field search and analyze it for decent, safe and sanitary comparable dwellings
for single-family and multi-family homes. Comparable data Will also be collected consisting of
available mobile home sites for sale and for rent, as well as mobile homes available for sale and
for rent, if applicable. This comparable data would be continually updated throughout the project
to assist the displacees.
Gather information regarding utility costs of comparable dwellings and the displacement
dwelling by contacting customer service representatives of utility companies and/or reviewing
owners' average utility expenses (some Cities may have a utility schedule already published).
Field review comparable dwellings and select the most comparable by evaluating the properties
and the written documentation. Take pictures of comparables and write up comparable data
sheets to include in the file. Comparables must be DS&S.
Calculate probable entitlement and prepare the RAP Entitlement Letter and other necessary
paperwork. Submit to an Agency representative for approval. Upon approval, telephone the
displacee to advise that determination is completed, set appointment to deliver entitlement letter.
Present the entitlement letter in person. Discuss benefit, moving options and discuss displacee' s
needs again. Provide referrals.
II. After the entitlement letter is prepared, prepare a ninety (90) day Notice to Vacate (can be hand
delivered with RAP Entitlement or sent via certified mail). If mailed, make sure to provide
sufficient time for mail delivery.
12. Summarize all interviews and telephone conversations, contacts and attempted contacts in a diary
for official record.
4.
5.
6.
7.
8.
9.
10.
13. Proceed with problem resolution as required. Define the problem; generate possible solutions;
discuss with an Agency representative; select appropriate resources for solutions, extract and
evaluate relevant information from those resources, select most appropriate solution, explain
solution to displacee and others, as necessary, and counsel the displacee to follow a logical
course of action.
14.
If necessary, take displacee to inspect comparable replacement dwelling, or to view other
available properties. .
Determine the monetary affect of the selection of the actual replacement dwelling on the
eligibility for payment of relocation allowance. Inform displacee of same.
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17.
Conduct decent, safe and sanitary inspection of replacement dwelling.
Gather and evaluate supporting data for calculation of replacement housing payment, increased
mortgage, incidental expenses, and moving benefit, as appropriate.
Provide guidance to the displacee in the selection of a moving option. Review in detail the
moving options, ,i.e., commercial mover, actual expense option, or a move based upon the fixed
rate schedule. Discuss the ramifications, and complexities of each option with the individual so
that an informed decision can be made.
19. If a commercial move is selected, obtain estimates from movers and prepare contract. In
conjunction with mover, plan move as dictated by circumstances. Oversee and monitor the move
to assure only eligible personal items are moved and move is accomplished in a timely manner.
, 20. If a self-move is selected, monitor to avoid potential problems.
21. Collect supporting documents and submit payments for replacement housing and moving
expenses. Coordinate with the Agency regarding obtaining funds/checks and inform the Agency
of various situations.
18.
22. Arrange for final walk-through inspection of the property to ensure that all personal property has
been removed from the acquired property and to obtain the keys. Turn keys over to the Agency
for property management function. Notify the Agency of vacated premises for security purposes.
If Agency allows, and items are to be left behind, require displacee to sign an abandonment of
personal property prior to final payment of moving expenses.
. 23. Prepare final claims, complete diaries, prepare certification and close file.
24. Closed files will be copied, maintained, or delivered to the Agency for sponsor and other audit,
purposes based on the scope of the contract.
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3. Relocation Assistance (3 businesses)
I. Meet with owners of businesses within a reasonable time after the offer to purchase has been
made and interview them to complete the Displacees Needs Questionnaire. Collect data
regarding the type of business, work schedule, number of employe,es and the owner's proposed
plans. Provide advisory assistance.
2. Determine potential eligibility for moving payments by reviewing eligibility criteria and case
data.
3.
Personally contact the displacees and present letter of possible entitlements, relocation brochure
and business card. Explain in detail the options for payment of reasonable moving expenses.
Review and determine from appraisal report information regarding improvements that have been
acquired so as to eliminate them from consideration in determining moving expenses.
Determine if a machinery and equipment evaluation appraisal is necessary and advise the
Agency. If needed, request that the Agency retain a specialty appraiser.
Review and approve the compilation of a certified personal property inventory.
Interview the displacee again to identify in detail displacee's needs, desires, and issues. Work
4.
5.
6.
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Monitor the move as much as feasible to determine that all items are moved that should be
moved, and that no items are moved that were purchased during the acquisition of the property.
Collect supporting documents and submit payment of moving expenses. Coordinate with the
Agency's representative with regard to invoices, review and timing of payments. All payments
are subject to state or federal audits.
Determine what expenses (i.e., improvements to the property, advertisement and increased
operating costs) are necessary and eligible as reestablishment expenses. Inspect the replacement
property, obtain cost estimates, discuss the issues with the displacee, verifY previous two (2)
years expenses and income and project next two (2) years to assess whether increased operating
costs will exist. Based upon decisions of displacee and program guidelines, determine eligibility
for reimbursement. (Advise displacee of documentation required to support claim.)
If displacee decides not to relocate some personal property, verifY that a bona fide attempt has
been made to sell the item(s). Determine eligibility for direct loss payment and compute amount
of payment.
Determine eligibility for actual reasonable search expenses and collect appropriate
documentation to support any claim submitted.
Determine eligibility for In-Lieu business payment utilizing IRS tax returns and/or certified
financial statements (different criteria for non-profit businesses).
If Business Good-Will becomes an issue, an appraisal, or letter of exposure (stating a possible
range of good-will values for a particular type of business), may be required and the Consultant
will make a recommendation to the Agency. This report or valuation may be used to settle any
compensation owed the company not covered by other relocation payments. A good-will
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with displacee and an Agency representative on solving identified problems.
Summarize all interviews, contacts and contact attempts in diary for official record.
Provide assistance in locating a suitable replacement site by talking with real estate agents,
county or city officials, federal and state agencies for environmental and planning and zoning
considerations, private or government sponsored lenders for financial backing as necessary.
VerifY all data and assure of proper zoning. If a Conditional Use Permit may be required, check
with proper department to assure necessary timeframe for process and probability. Preview
property and take photo, provide to displacee and place in file.
If Commercial Move is selected, obtain at least two (2) acceptable moving estimates based upon
the inventory and physical inspection of the property. Compare the bids anQ assess whether the
difference between them.warrants soliciting a third estimate. Select the low bid amount and
advise the displacee in writing of the amount of compensation to be paid for the move. (Owner
may select whomever he/she wishes to perform the move; Agency will only pay up to the
amount of the low bid). Sometimes additional, specialized movers/technicians will need to be
utilized to assure all aspects of a move have been considered (specialty movers, waste disposal,
tow companies, electricians, computer network companies, F&E dismantlers, etc.).
10. If Self Move is selected, a moving plan should be prepared. The plan should be as simple or as
complex as necessary to assure actual costs are incurred and are reasonable. A self move should
not cost more than the low commercial bid.
7.
8.
9.
11.
12.
13.
14.
15.
16.
17.
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payment must be accompanied by an agreement wherein the business owner waives all other
claims to future good-will.
18. Arrange for a final walk-through inspection of the property to ensure that all personal property
has been removed from the acquired property, and to obtain the keys. If the Agency allows, and
items are to be left behind, require displacee to sign an abandonment of personal property prior to
final payment of moving expenses. Turn keys over to the Agency and notify of vacated premises
for security purposes. Ifrequested, contact the appropriate utility, garbage and cable companies
for disconnect and removal.
19. Collect final supporting documentation, prepare final claim, prepare certification and close file.
20. Closed files will be copied, maintained, and delivered to the Agency for sponsor and other audit
purposes based on the scope of the contract along with a matrix/summary of all relocation
activities conducted and completed per this Scope of Work.
21. For the purposes of possible omissions from this Agreement, the Consultants proposal dated
October 25, 2006 is hereby incorporated and made part of this Agreement.
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