HomeMy WebLinkAboutCDC/2006-03
--~
.
, .
,
,
RESOLUTION NO. CDC/2006-3
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM 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 SHOBER
CONSULTING, INC. FOR THE PREPARATION OF A RELOCATION
PLAN AND RELOCATION SERVICES (MEADOWBROOK
NEIGHBORHOOD RESTORATION AREA)
3
4
5
6
7
8
WHEREAS, on November 7, 2005, the Community Development Commission
("Commission") authorized the Redevelopment Agency of the City of San Bernardino
("Agency") to acquire four (4) properties located at: 151, 161, and 167 East 2nd Street, and 156
9
10
II
East King Street within the Meadowbrook Neighborhood Restoration Area of the Inland Valley
Development Agency (IVDA) Redevelopment Project Area ("Project Area"); and
12
13
WHEREAS, all four (4) properties has a combiried sixteen (16) fully occupied
14
residential units of which the residents will need to be permanently relocated to allow for the
15
restoration of the Project Area; and
16
WHEREAS, the Federal Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970 ("URA") and the California Redevelopment Law ("CRL") requires that
17
18
prior to displacement of any resident, a Relocation Plan be prepared to assess the relocation and
19
housing needs of each resident and to quantify relocation benefits; and
20
WHEREAS, the firm of Shober Consulting, Inc. ("Consultant") has numerous years of
21
experience and expertise in all areas of relocation services and relocation plan preparation in
22
accordance with the Federal Uniform Relocation and Real Property Acquisition Policies and the
23
State of California Housing and Community Development Guidelines (California Code of
24
Regulations, Title 25); and
25
-1-
P:\Agendas\ResolutioRI\ResolutioDs\1006\01-23-0Ii Shober COD,ulliDI-Meadowbrook Relocation CDC. Reso.doc:
CDC/2006-3
WHEREAS, the Agency wishes to engage the services of the Consultant to carry out the
2 Agency's relocation responsibilities for the Meadowbrook Neighborhood Restoration Area in
3 the Project Area pursuant to the terms in the Professional Services Agreement ("Agreement")
4 attached hereto and incorporated by herein reference.
5 WHEREAS, the Professional Services Agreement IS exempt from the Nationa
6 Environmental Policy Act (NEPA) under 24 CFR 58.34(a)(1) and California Environmental
7 Quality Act (CEQA), pursuant to S 15306, Class 6.
8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
9 THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
10 ORDER, AS FOLLOWS:
11
Section 1.
The Commission hereby approves the Agreement attached hereto an
12 incorporated herein by reference and the Interim Executive Director of the Agency is hereb
13 authorized to execute the Agreement on behalf of the Agency in substantially the form attache
14 hereto, together with such changes therein as may be approved by the Interim Executive Directo
15 and Agency Counsel. The Interim Executive Director or such other designated representative 0
16 the Agency is further authorized to do any and all things and take any and all actions as may b
17 deemed necessary or advisable to effectuate the purposes of the Agreement, including makin
18 non-substantive modifications to the Agreement.
19
Section 2.
The Community Development Commission hereby finds that the
20 Agreement is exempt from the California Environmental Quality Act (CEQA).
21 Section 3.
22 11/
23 III
24 /11
25 /11
11/
The Resolution shall become effective immediately upon its adoption.
-2-
P:\Agendu\Rnolutioal\Rnolutions\200li\OI-23-06 Shober Consulting-Meadowbrook Reloution CDC. Rno.doc
~------.
CDC/2006-3
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM 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 SHOBER
CONSULTING, INC. FOR THE PREPARATION OF A RELOCATION
PLAN AND RELOCATION SERVICES (MEADOWBROOK
NEIGHBORHOOD RESTORATION AREA)
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7
Community Development Commission of the City of San Bernardino at a joint regular
8
9
meeting thereof, held on the 23rd day of January
, 2006, by the following vote to wit:
Commission Members:
10
ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
Abstain
Absent
Aves Navs
x
x
x
x
x
-
x
x
17
ryf?~
Secretary
j 6-11. day of
18
19
The foregoing resolution is hereby approved this
January
,2006.
20
~~~
Esther Estrada Vice Ch .
" ' a1rpersoz;
uommunity Development Commissior1
of the City of Ban Bernardino .
21
22
23
24
Approved as to form and Legal Content:
25
~J:~
By:
-3-
P:\Azendu\RnolutiollJ\Resolutions\ZOO6\01-1.3-116 Shober Conlultin,..Me.dowbrook Rdoution COc. Rno.doc:
'CDC/2006-3
SHOBER CONSULTING, INC.
PROFESSIONAL SERVICES AGREEMENT
Relocation Plan and Relocation Services
(Meadowbrook Neighborhood Restoration Area
Inland Valley Development Agency Redevelopment Project Area)
This PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into as of
January 23,2006, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(the "Agency"), a public body, corporate and politic and SHOBER CONSULTING, INC., a California
corporation (the "Consultant").
RECITALS
WHEREAS, on November 7, 2005, the Community Development Commission ("Commission")
authorized the Agency to acquirefour (4) properties located at: 151, 161, and 167 East 2nd Street and 156 East
King Street within the Meadowbrook Neighborhood Restoration Area of the Inland Valley Development
Agency (IVDA) Redevelopment Project Area ("Project Area"); and
WHEREAS, the Agency acquired the 161 East 2nd Street with four (4) tenants ("Site") and is negotiating
the acquisition of the other three (3) properties containing twelve (12) fully occupied residential units ("Other
Properties") of which the residents will need to be permanently relocated to allow for the restoration of the
Project Area; and
WHEREAS, the Federal Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970 ("URA") and 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 quantify relocation benefits in accordance with Federal and State Law; and
WHEREAS, the Consultant has numerous years of experience and expertise in all areas of relocation
services and relocation plan preparation in accordance with the Federal 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 of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants set forth herein and the mutual benefits to be
derived therefrom, 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 shaH 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: Bob Shober
I
P:\ApDdII\Apada An.:baJmtI\Aplm-Amtod 2006\01-23-06 Shober ConIukma ApoanDIIl-Madowbrook Rab:alion.cM
CDCi'2006-3
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 Interim 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 Thirty Seven Thousand Two Hundred Dollars ($37,200).
This amount includes Two Thousand Dollars ($2,000) for the preparation and delivery of the Relocation
Plan for the Site and the Other Properties and Thirty Five Thousand Two Hundred Dollars ($35,200) for
Relocation Services for the sixteen tenants. However, if the Other Properties are not acquired, the Scope
of Service will only cover the Site and relocation services for the Site tenants at a cost of not to exceed
$2,325, per tenant, for a total of$9,300. During the Term of this 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 putpose 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 ofmee, color, national origin, creed, religion, sex, marital
status, or physical handicap. At the request of the Interim 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 Interim 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.
2
P:'lApad.v.p.da~Anald2006\01-23-06 sadl<<~~.MudowtJrootJtckgion.dlx
CDC/2006-3
, .
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 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 appears as first written
above 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, 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 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 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 Liability and Automobile Insurance. The Consultant shall maintain
comprehensive generaJliability and automobile liability insurance with a combined single limit of not
less than One Million Dollars ($1,000,000) per occurrence.
3
P:\ApAdII\ApMa~\Aplb-A-.l2OO6\01.2l-06 Sbober CoaIubta A,r...--MeIGowllrook J.eIoc:atiIlIl.doc:
. CDC/2006~3
Worker's ComDensation 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
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.
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 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 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.
18. CONTRACf EVALUATION AND REVIEW.
The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim Executive
Director or designee.
4
':~~\AIflIlIs-.u.d2OO6lD1.2).06SboberCoalukinl~-Me.dowb'ookIl81ocarioa.doc;
. CDC/2006-3
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: Interim 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.
/1/
/1/
/1/
/1/
/1/
//1
//1
/1/
//1
//1
/1/
P:\Agendas\Agenda Attachments\Agnnts-Amend 2006\01-23-06 Shober Consuking Agreement-Meadowbrook Remalion,doc
5
CDe/2006-3
. I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino
a public body, corporate and politic
! / ~ ~ /0 ~
f '
rn?~
.
Maggie Pacheco, Interim Executive Director
Date:
Approved as to form and
legal content:
BY.~~
Agency C el
CONSULTANT
Shober Consulting, Inc., a California corporation
Date:
~u\~
~JJ-~
6
P:~\ApDda Au.:bmeats\ApnlJ-Anxsbd 2006\01-23-06 Shober ConIuJlina; AartanmI-Meadowbrook Ildlxahob.dot
CDc12006-3
EXHIBIT" A"
SCOPE OF SERVICES
1. Preoaration of Relocation Plan for Residents residin!! at: 151 East 2'" Streetl"Site").161.
and 167 East 2ad Street and 156 East Kin!! Street ("Other Prooerties")
At the direction of the Agency Staff, the Consultant will prepare a Relocation Plan for either only the
Site or the Site and the Other Properties in conformance with all requirements of the Federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") and the State of
California Housing and Community Development Guidelines (California Code of Regulations, Title
25). The Plan will identifY possible replacement resources and help to determine the costs related to
relocating the residences displaced by the Agency. 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 either 4 or all 16 affected residents 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 Staff and upon approval by Agency Staff,
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 no later than 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 Pro!!ram Imolementation
The Consultant will follow the Uniform Relocation and Real Property Acquisition Policies and the State
of Cali fomi a 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
P:\Apndll1Apnda Attac:bmenta\AamU-Amend 2006\0 1-23..06 Shober ConsuItm, Ap'ccnat-MelIdowbrook RdocItion.doe
.
CDC/2006-3
I. 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.
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 Staff, 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 rental/down 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 ofW ork, the Consultant shall
deliver to the Agency all claimants files along with a matrix summarizing all names, addresses
of relocates, including the replacement site address and fmal 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 Interim 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 of ninety (90) days, should unique circumstances occur beyond the control of the
Consultant.
2
P:~~AttIcImwD\AplU-Anwad 2006\OI~23..()6 Sbober~ ~.Madowbrook ReJoc.tiorl.doc