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HomeMy WebLinkAboutCDC/2008-38 1 2 3 4 5 6 7 8 RESOLUTION NO. CDC/2008-38 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 CALIFORNIA PROPERTY SPECIALISTS, INC., FOR ACQUISITION AND RELOCATION SERVICES (5tb AND MERIDIAN PROJECT) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has 9 identified IS privately owned residential properties ("Residential Properties") that contain 10 approximately 72 housing units; and 11 WHEREAS, the Agency has also identified approximately ten privately owned commercial 12 properties ("Commercial Properties") adjacent to the Residential Properties that contain a variety of 13 commercial uses and vacant land; and 14 WHEREAS, it is the intent of the Agency to initiate the acquisition of the Residential 15 Properties in order to redevelop the site to include an affordable housing component; and 16 WHEREAS, it is the intent of the Agency to acquire the Commercial Properties at a later 17 date after the Residential Properties have been acquired and a specific redevelopment initiative has 18 been established for both the Residential Properties and the Commercial Properties and approved by 19 the Community Development Commission of the City of San Bernardino ("Commission"); and 20 WHEREAS, the California Community Redevelopment Law ("CRL") requires that prior to 21 displacement of any resident, a Relocation Plan must be prepared in order to assess the relocation 22 and housing needs of each resident and to quantify relocation benefits in accordance with State 23 Law; and 24 WHEREAS, the Agency is required to assist and provide relocation services for the 25 residents that are displaced as a result of redevelopment activities per California Govemment Code 26 Section 7620; and 27 WHEREAS, California Property Specialists, Inc. ("CPSf' or "Consultant"), has numerous 28 years of experience and expertise in all areas of acquisition and relocation services, preparation of I P:\Agendas\Rcsolutions'lRaolutions\2008\I(l..{16...(l8 CPSI - Sth IlIId Meridian Project CDC Reso FINAL.doc CDC/2008-38 1 relocation plans and preparation of replacement housing plans in accordance with the Uniform 2 Relocation and Real Property Acquisition Policies and the State of California Housing and 3 Community Development Guidelines (California Code of Regulations, Title 25) and the Agency 4 seeks to engage the services of the Consultant to implement the Agency's acquisition and 5 relocation responsibilities pursuant to the terms in the Professional Services Agreement 6 ("Agreement") attached hereto and incorporated herein by reference. 7 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 8 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 9 FOLLOWS: 10 The Commission hereby approves the Agreement by and between the Section 1. 11 Agency and the Consultant in the form as attached hereto and as presented to the Commission upon 12 adoption of this Resolution, and the Commission hereby authorizes the Interim Executive Director 13 of the Agency to execute the Agreement on behalf of the Agency together with such technical and 14 conforming changes as may be recommended by the Interim Executive Director of the Agency and 15 approved by the Agency Counsel. The Resolution shall become effective immediately upon its adoption. 16 Section 2. 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\AsCfIdas\Rc:lolutions\Rc:lolutioll8\2008\lo-o6-08 CPSI. 5th and Meridian Project CDC Rcso FINAL.doc 1 2 3 4 5 6 7 CDC/2008-38 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 CALIFORNIA PROPERTY SPECIALISTS, INC., FOR ACQUISITION AND RELOCATION SERVICES (5th AND MERIDIAN PROJECT) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a j oint regular day of October, 2008, by the following vote to wit: 19 meeting Aves Navs x - x .-lL x x x x Abstain Absent 7~ Secretary 20 The foregoing Resolution is hereby approved this 91# day of October 21 22 23 24 ,200S. Approved as to Form: 25 26 By: \. ~I 27 Agenc 6~~1 28 3 P:\Ap:Ildas\R.caolutioDa\R.caolutions\2008\10-06-08 CPSI. 5th and Meridian Project CDC Rcso FINAL.doc .CDC/2Q08-38 CALIFORNIA PROPERTY SPECIALISTS, INC. PROFESSIONAL SERVICES AGREEMENT For Acquisitions, Relocation and Replacement Housing Plan Preparation, Property Management and Demolition Procurement Services This Professional Services Agreement (this "Agreement") is made and entered into as of October 6, 200S, 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, the residents of the eighteen (IS) four-plex apartments will need to be permanently relocated to allow for future development which will include an affordable housing component; and WHEREAS, the owners of the various parcels along the frontage of Foothill Boulevard will need to be permanently relocated to allow for future development within the Project Area; and WHEREAS, California Community 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 per California Government Code Section 7620 State Law; and WHEREAS, California Property Specialists, Inc. ("CPSI" or "Consultant") has numerous years of experience and expertise in all areas of property acquisition, relocation and replacement housing plan preparation, relocation services property management and demolition procurement services 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 carryout the Agency's acquisition, relocation related responsibilities, property management and demolition procurement services 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 into this 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 Two (2) years (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 in the Scope of Services. The Consultant commits the principal personnel listed below to the Scope of Services: Kent Jorgensen Georgia Marquis 1 P:\Agendas\Agenda AttaehmentslAgrmts-Amend 2008\10-06-08 CPSI Professional Service. Agreement.doc Acquisition Consultant: Relocation Consultant: CDC/2098-38 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 Interim Executive Director of the Agency or hislher 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 Two Hundred Seventy-Six Thousand Seven Hundred Dollars ($276,700). This amount includes Eight Thousand Five Hundred Dollars ($S,500) for the preparation and delivery of the Relocation Plan and the Replacement Housing Plan; One Hundred Seventy-Six Thousand Four Hundred Dollars ($176,400) for Relocation Services and Seventy-Six Thousand Three Hundred Dollars ($76,300) for Acquisition Services that include eighteen (IS) four-plexes (for a Consultant fee not to exceed $49,500), six (6) improved commercial parcels (for a Consultant fee not to exceed $16,SOO) and four (4) unimproved parcels (for a Consultant fee not to exceed $10,000). Interim property management will be billed as follows: (i) one time set-up fee of $125 per parcel; and (ii) $100 per unit per month for interim property management services. Demolition procurement and oversight will be billed per hourly rate as listed on the attached fee schedule. 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 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) the Agency directly acquires any property without the intervention of CPSI, or (Hi) a lesser number of residents are required to be relocated in accordance with the Consultant's Budget as referenced in the Consultant's Proposal dated July 18, 200S. (For example: $2,450 per four-plex unit and $4,000 per business for relocation expenses and $2,750 per four-plex, $2,800 for improved commercial parcels and $2,500 for unimproved parcel acquisitions). 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 Interim 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 2 P:\Agendu\Agenda Attacbments\Agnnts-Amend 2008\10-06-08 CPSI Professional Services Agreement_doc .CDC/2Q08-38 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 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. 11. INDEMNIFICATION. The Consultant agrees to indemnify, defend and hold harmless the Agency and the City, their 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 must 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. 3 P:\Agendu\Agenda Attachments\Agrmts-Amcnd 2008\10-06-08 CPSI Professional Services Agreement.doc 'CDC/2008-38 ComDrehensive 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. 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 the 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 the 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 (1) breach of any provision shall not be deemed to be a waiver of any other breach of the same of any other provision hereof. 4 P:\Agendas\Agenda Attachmcnts\Agrmta-Amend 2008\1G-06-08 CPSI Professional Services Agreement.doc CDC/20.o8-38 18. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim Executive Director of the Agency or his/her 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: California Property Specialists, Inc. Attention: Kent Jorgensen 600 West Santa Ana Boulevard, Suite 115 Santa Ana, California 92701 Phone: (714) 550-4628 Fax: (714) 200-0809 To Agency: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 20 I North "E" Street, Suite 30 I 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 of whatever nature that are legally required to be maintained by the Consultant 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. 5 P:\Agendu\Ascnda AttachmeDU\Agrmts-Amend 2008\10-06-08 CPSI Professional Services Agreement.doc .cDC/ZQ08-38 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 Date: lit/AI' , ~.~ ... Emil A. Marzullo, . xecutive Director Approved as to Form and Legal Content: By: c-~~ Agency s CONSULTANT California Property Specialists, Inc., a California corporation Date:~.?::f). 08 6 P:\Agendas\Agenda Attacbments\Asrntts-Amcnd 2008\10-06-08 CPSI Profeuional Services Agreement.doc CDc/2Q08-38 EXHIBIT "A" Project and Scope of Services Project Understanding The Agency requires the services of an acquisition and relocation consultant to assist in the acquisition and relocation task on eighteen (IS) residential and ten (10) commercial parcels. The project has been identified as the 5th and Meridian Project. Project Management Consultant's Project Manager will meet with Agency staff for a project "kick-offmeeting" to review and confIrm the Agency's requirements for the requested services Consultant will focus on the critical path schedule milestones and will also discuss the Agency's requirements as to day-to-day coordination with staff and governing authorities. Discussions will include progress reporting, deliverables, document preparation, and file format. Upon Agency approval, Consultant will complete a detailed MS Project Timeline, draft Relocation Plan and draft Replacement Housing Plan, all of which should be completed within 30 days after execution of the Agreement. ACOUISITION AND RELOCATION TASKS As part of the preparation for the acquisition and relocation processes, staff of the Consultant will prepare separate individual files for the acquisition and relocation functions. Typically, data such as the preliminary title report, assessor's information, parcel maps and the offer letter are copied and placed in both the acquisition and the relocation files for reference. The acquisition file will contain all communications directly related to negotiations for purchasing that property; diaries of the contacts and telephone conversations, other related documentation, releases, deeds and the final escrow package, with a check-off list of items contained therein. The relocation file will typically contain copies of certain acquisition data (offer letter, rent roll, leases) that have been obtained to perform relocation activities, relocation diaries, Displacee Needs Questionnaires, market analysis data, moving criteria and schedules, incidental expense calculation sheets, Decent, Safe & Sanitary Inspection forms, personal property inventories, summary of benefIts, letters of entitlement, the Agency's Appeal Procedure, claim forms and other related data each completed relocation file would contain a Certification as the fmal document. ACQUISITION TASKS I. Request fee proposals from sub-consultants for each Work Order. Prepare Work Orders in cooperation with Agency representative and submit to Agency for approval. Work Order should be sufficient to cover all necessary and required tasks per contract and Scope of Work. All sub- consultant's proposals should state a "Not to Exceed" cost, timeframes, work scope, and exemption items. 2. With Agency approval/coordination, send necessary project notices. Assure that necessary information is included in these notices (Title VI, Right to Accompany Appraiser). Introduction of Consultant can be included in these notices as well. 3. ReView title and appraisal reports, environmental assessments and other documents provided by the Agency. Caution will be taken to observe errors in any of the supplied documentation, and to I P:\Agendu\Agenda Attachrnents\Agrmts-Amend 2008\10-06-08 CPSI Professional Scrvi<<ls Agreement.doc CDC/2Q08-38 immediately report any situation which might cause further problems to the title companies, appraisers and the Agency, if necessary, then take and/or recommend appropriate action as required. Furthermore, all reports must meet requirements of funding source or the applicable regulatory agency. 4. A specific review of the title report will be performed as soon as possible after receipt. Items such as liens against the property, unpaid taxes, easements (outside of standard utilities), mortgages (usually reflected in a Deed of Trust) and any mineral rights that have been transferred (especially if such rights have surface entry rights). A title review form will be prepared to discuss these items and the information discovered during the research. 5. Prepare individual acquisition files for the property owners. Files should contain: the title report, the title review form, notices to owners, project information, legal and plats of the take area, appraisal information, contact information, any other pertinent information. 6. Prepare offer packages based on Just Compensation values, following the Agency's format. Work closely with the Agency representative in regard to time schedules. Packages must include all necessary components per policies and procedures of Agency of funding source (i.e., Local, State or Federal). 7. Set appointments to personally present offers whenever possible, unless an owner is out of state or chooses otherwise. In those cases, the offers to purchase will be discussed on the telephone and then sent via certified mail. 8. At least four (4) documented contacts, or ten (10) or more attempted contacts, with the owner will be made, if necessary, to complete negotiations and to obtain the owner's signature of acceptance. Acquisition staff will explain the appraisal, answer questions which can be answered readily, write down concerns and questions which require further information. Staff will quantify possible settlements with owners, but not commit to any arrangements without prior approval. The Agency representative will be kept informed and authorize responses and/or settlements. All negotiations will be conducted in compliance with Agency guidelines. 9. Diaries will be maintained in each file, recording all contacts, attempted contacts and discussions with owners and other parties related to that particular transaction. Diary entries will be of sufficient detail to inform the reader of all activities, concerns, questions and possible solutions. 10. All efforts will be made to reach settlements, or at least encourage a response or counter offer from the property owner. Settlements will be based on Agency authority and must have proper justification. The settlement or counter offer will be reviewed and researched by the Consultant. A written recommendation will be sent to the Agency for review and approval/comment/rejection. Sometimes, updated appraisal reports will be necessary to justify a settlement. II. After an acceptance is received, copies shall be made for the file and signor, while the originals will be sent with a transmittal to the Agency for approval and signature. When the originals are fully executed, the agent shall pick them up and make two copies (one for the file, one for the seller). The escrow officer shall be contacted and the originals shall be delivered with a transmittal and proper escrow instructions. 12. Escrows will be opened as offers are accepted. Consultant will coordinate with escrow officer to assure the required releases (mortgagors, lien holders, leasehold interests, spouse interests, etc.) are obtained. Staff of the Consultant will prepare payment requests (based on estimated closing costs) for the parcel to close escrow, coordinating with the Agency representative. After close of escrow, a final closing statement will be issued by the escrow company. The Consultant will review it to confirm that all monies were dispersed appropriately and that any refunds were returned to the appropriate parties. 2 P:\Agendaa\Agenda Attaehments\Agrmts-Amcnd 2008\10-06-08 CPSI Professional Services Agreement-doc .cDC/2Q08-38 13. Should the governing board of the EDA vote to file an action for the use of the power of erninent domain, Consultant will work closely with legal counsel towards settlement. In the event of condemnation or settlements, proper justification will be prepared, a condemnation report will be requested, and Consultant will assist with supplying any additional data required by the Agency's legal counsel. If necessary, Consultant will be prepared to act as witness. 14. Files shall be closed per Consultant standards, including all Agency required documentation. 15. Closed acquisition files will be copied, maintained, or delivered to the Agency for sponsor and other audit purposes based on the scope of the contract. RELOCATION TASKS Replacement Housing Plan Consultant will prepare a Replacement Housing Plan in accordance with Section 33413.5 of the California Health and Safety Code for the Redevelopment Agency of the City of San Bernardino, California. Section 33413.5 requires that, not less than thirty (30) days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate-income housing market, the Agency shall adopt by resolution a replacement housing plan. Consultant will interview the Agency's housing staff, compile figures for affordable housing starts and prepare a replacement housing plan that meets the necessary requirements. At a minimum, the Replacement Housing Plan will include the following components: I. Description of the proposed project and project location; 2. The number of dwelling units housing persons and families of low or moderate income to be removed and replaced by construction or rehabilitation; 3. The general location of housing to be rehabilitated developed or constructed pursuant to Section 33413; 4. An adequate means of financing such rehabilitation, development or construction; 5. The timetable for meeting the Replacement Housing Plan's relocation, rehabilitation, and replacement housing objectives; and 6. A finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained. Relocation Plan Consultant will prepare a Relocation Plan, in accordance with all requirements of State Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the Agency with sunnnary and statistical information regarding the impact of a project to potential displacees. Specifically, this report should concern the identification of potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. Consultant's relocation staff will personally inspect each impacted residential unit (or a representative percentage thereof) and business operation in the project area to assess the potential needs for a replacement location and relocation services. An investigation will be conducted through door-to-door surveys of each potential displacee. Internet searches, review of classified advertisements and communication with local real estate brokers will be used to determine the availability of lease and sale listings in the immediate and surrounding areas. A comprehensive report will be prepared and distributed as directed by the City. At a minimum, the Relocation Plan will include: 3 P:\Apndas\Agenda Attachments\Agrmts-Amend 200S\l()...()6..()8 CPSI Professional Services Agrcemcnt.doe CDc/20,08-38 1. Description of the proposed project and project location; 2. Assessment of needs; 3. Replacement housing resources; 4. Residential and commercial displacements; 5. Temporary housing (if applicable); 6. Program assurances and standards; 7. Relocation assistance program; 8. Citizen participation and plan review period; 9. Description of relocation benefits; 10. Eviction policies and procedures; II. Appeals and grievance procedures; 12. Displacement schedule; 13. Estimated relocation costs. RESIDENTIAL RELOCATION 1. Begin relocation assistance within a reasonable time after the first offer has been made. 2. 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. 3. Explanation includes, determination of RAP entitlement, moving options, eligible expenses, criteria for replacement housing, decent, safe and sanitary standards, time of payments, 90-day letter, possibility of continuation of current residence beyond ninety (90) days and appeal procedures. 4. 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 program and have notices translated into appropriate language. S. Extract from the appraisal report pertinent data to be utilized as a basis for determining what will constitute comparable housing. 6. Present alternatives and solutions for areas of concern which are readily resolvable. Write down questions and concerns to discuss with the Agency representative. 7. Schedule subsequent appointments with displacee to respond to all issues and provide assistance. 8. 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. This information will be continually updated throughout the project to assist the displacees. 9. 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. Consultant will determine whether a utility schedule has already been published. Field review and take pictures of the potential replacement dwellings and select the most comparable by evaluating the properties and the written documentation. 10. Calculate probable entitlement and prepare the RAP Entitlement Letter and other necessary paperwork. Submit to Agency representative for approval. Upon approval, contact displacee to advise that determination is completed, and set an appointment to deliver entitlement letter. 4 P:\Agendu\Asf:nda Attachments\Agrmts-Amend 2008\}()...{)6...()8 CPSI Professional Services Agreement.doc CDC/20.08-38 II. Present the entitlement letter in person. Discuss benefits, moving options and discuss displacee's needs again. Provide referrals. 12. After the entitlement letter is prepared, prepare a 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. 13. Summarize all interviews and telephone conversations, contacts and attempted contacts in a diary for official record. 14. Proceed with problem resolution as required. Define the problem; generate possible solutions; discuss with the 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. 15. If necessary, take displacee to inspect comparable replacement dwelling or to view other available properties. 16. Determine and inform displacee of the monetary effect of the selection of the replacement dwelling. 17. Conduct decent, safe and sanitary inspection of replacement dwelling. IS. Gather and evaluate supporting data for calculation of replacement housing payment, increased mortgage, incidental expenses, and moving benefit, as appropriate. 19. Provide guidance to the displacee in the selection of a moving option. Review in detail the moving options, Le., 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. 20. If a commercial move is selected, obtain estimates from movers and prepare a contract. In conjunction with the mover, plan the move as dictated by circumstances. Oversee and monitor the move to assure only eligible personal items are moved and that the move is accomplished in a timely manner. 21. If a self-move is selected, monitor to avoid potential problems. 22. Collect supporting documents and submit payments for replacement housing and moving expenses. Coordinate with the Agency regarding obtaining funds/checks and inform Agency of various situations. 23. 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. 24. Prepare fmal claims, complete diaries, prepare certification and close file. 25. Closed files will be copied and maintained by Consultant with an additional copy delivered to the Agency for record keeping and other audit purposes. 5 P:\Agendas\Agenda Attacbments\Asrmta-Amcnd 2008\10-C/6.0S CPSI Profeaional Services Asreement.doc CDC/2008-38 BUSINESS, FARM AND NON-PROFIT ORGANIZATION 1. 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 employees 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: commercial mover paid by the Agency, lower of two bids; Agency's Determination of Value not to exceed $2,500.00; or actual reasonable moving expense. 4. Extract 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 Agency. If needed, request that Agency retain specialty appraiser. 5. Review and approve the compilation of a certified personal property inventory. 6. Interview the displacee again to identify in detail displacee's needs, desires and issues. Work with displacee and Agency representative on solving identified problems. 7. Summarize all interviews, contacts and contact attempts in diary for official record. 8. 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 govemment 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 confIrm necessary timeframe for process and probability of approval. Preview property and take photo, provide to displacee and place in file. 9. If Commercial Move is selected, obtain at least 2 acceptable moving estimates based upon the inventory and physical inspection of the property. Compare the bids and 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 wishes to perform the move; Agency will only pay up to the amount of the low bid. Sometimes additional, specialized moversltechnicians will need to be utilized to assure all aspects of a move have been considered (e.g., 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 reasonable. A self-move should not cost more than the low commercial bid. 11. 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. 12. 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. 13. Determine what expenses (i.e., improvements to the property, advertisement and increased operating costs) are necessary and eligible as reestablishment expenses, not to exceed $10,000.00. Inspect the replacement property, obtain cost estimates, discuss the issues with the displacee, verify previous two years expenses and income and project next two (2) years to assess whether increased 6 P:\Agendu\Agenda Attacbments\Agrmts-Amend 2008\10-06-08 CPSI ProfmioIllll Services Agrwmcnt.doc CDc/2008-38 operating costs will exist. Based upon decisions of displacee and program guidelines, determine eligibility for reimbursement. Advise displacee of documentation required to support claim. 14. 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. 15. Determine eligibility for actual reasonable search expenses for up to $1,000 (California State), $2,500 (Federal). Collect appropriate documentation to support any claim submitted. 16. Determine eligibility for In-Lieu business payment, not less than $1,000.00 and not more than $20,000.00, utilizing IRS tax returns and/or certified fmancial statements. A different criteria will be used for non-profit businesses. 17. 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. This report or valuation may be used to settle any compensation owed the company not covered by other relocation payments. A good.will payment must be accompanied by an agreement wherein the business owner waives all other claims to future good-will. IS. Arrange for a fmal 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 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. If requested, contact the appropriate utility, garbage and cable companies for disconnect and removal. 19. Collect fmal supporting documentation, prepare final claim, prepare certification and close file. 20. Closed files will be copied, maintained, or delivered to the Agency for sponsor and other audit purposes based on the scope of the contract. INTERIM PROPERTY MANAGEMENT TASKS Property Management Coordination - Provide SUperviSion, coordination and management of contractors who provide the various property management functions required for the project (particularly washing machine/dryer rental and services). Property Management Liaison - Provide liaison services for the Agency for the handling of all concerns complaints and/or problems regarding any property management issues. Utility Coordination - Confirm with utility companies transfer of necessary accounts to the Agency or their designee. Agency will handle the transfer of the water, trash and sewer accounts. Consultant to handle the appropriate transfer of gas and electricity. Invoice Services- Provide services for the review and approval of all invoices submitted by each property management sub-consultant. Submit sub-consultants invoices to the Agency for their approval and processing for payment. Security Services - Coordinate information with Agency staff and Police Department representative as necessary. If required, contract with a sub-consultant to provide nighttime security for the project area. The cost of any security service will be a pass through expense to the Agency. Lawn Care - Ouly to prevent the property from becoming a nuisance. Contract with a company to provide limited and necessary lawn maintenance. The contractor expense will be a pass through expense to the Agency. 7 P:\Agendas\Agenda Attachments\Agrmts-Amend 2008\10-06-08 CPSI Professional Services Agreement.doc .' CDC/20p8-38 Maintenance Services - Contract with a company to provide maintenance services for the project referenced above. Consultant to order and coordinate any repairs regarding health and safety issues. The contractor expense will be a pass through expense to the Agency (e.g., routine clean-up, heating repairs, plumbing, electrical problems, rodent issues, etc.). Month-to-Month Occupancy Agreements - Prepare and obtain signatures on Month-to-Month Occupancy Agreements, as needed. Collect Rent - Collect monthly rent payments, deliver to Agency. Provide Agency a monthly ledger for payments received and expenses. Rent to Hold Vacant Agreements - Prepare and obtain signatures on documentation required for Rent to Hold Vacant agreements, as needed. Vacancy of Unit - Consultant to complete an exit inspection and complete a Certificate of Abandonment. Consultant will pick up the units keys, with a copy retained by the Consultant and a copy forwarded to the Agency. Fencing Services - Coordinate the fencing of acquired properties. If necessary, Consultant will provide emergency fencing repair services for the project referenced above. The contractor expense will be a pass through expense to the Agency. Securing Property - As necessary, Consultant will contract with a sub-consultant to secure the property. Eviction Coordination - Coordinate with Agency, legal counsel and legal messenger service companies to provide necessary services to process evictions. Demolition Coordination - This includes utility disconnections, meter removal, asbestos and lead testing, and coordination and oversight of demolition contractors. All demolition contractors will be selected based on the lowest responsible bid from no less than three (3) responses. The Consultant will ensure the payment of prevailing wages for these services and will give Agency staff the opportunity to review all procurement procedures and make final selection on the recommended demolition contractor(s) provided that all demolition work being contracted at one time does not exceed $25,000. Prior to the release of any funds to pay any invoices, Consultant will provide proof that said demolition services were successfully rendered. Contracts for demolition in excess of $25,000 will need to be approved by the governing board of the Agency and will be executed by the Agency. 8 P:\Agendas\Agenda Attaclunents\Asfmts-Amend 2008\1()..()6...08 CPSI Professional Services AgRemCllt,doc .' CDC/20P8-38 ACQuisition/Relocation Budaet Parameter 5th and Meridian Proiect Acquisition Services Provided Number or Cases Fee Total Residential occuoied Eil!hteen (I 8) four-olex units $2,750 $49,500 Improved commercial parcels Six (6) imoroved commercial oarcels $2,800 $16,800 Vacant commercial land Four (4) unimoroved oarcels $2,500 $10,000 Total Acquisition Services $76,300 Relocation Services RelocationlReolacement Housinll Plan 78 Interviews, research, write olan Flat Fee $8,500 Residential occuoied households Seventy-two (72) disolacements $2,450 $176,400 Business disolacements Six (6) mid-level relocations $4,000 $24,000 Total Relocation Services 208,900 Proiect Total 285.200 Proiect Discount - $8,500 Total $276,700 Interim ProDerty Management Budget Parameters Rent Collections One time set-uo fee <tJ25 """ narcel {includes software enrollment fee' Rent Collection $100 oer unit ner month Pronertv Maintenance Prooertv maintenance tasks will be billed at the hourlv mtes below. Escrow account to be set uo to collect all rents and nav all orooertv maintenance exoenses as aooroved bv the Allencv. Exoenses includes items like olumbers electricians and clean-un crews. Demolition Oversight Budget Parameters Consultant will provide oversight of all demolition activities, including the applicable environmental testing. Fees will be based on the hourly mte at the schedule listed below. Consultant will invoice the City of San Bernardino Economic Development Agency (Agency) each month for work actually performed. .' Schedule of Professional Fees 2008 Hourly Fee Structure Broker/Senior Project Manager $100.00 per hour Project Manager $ 95.00 per hour $ 90.00 per hour $ 85.00 per hour $ 60.00 per hour $ 45.00 per hour Senior Acquisition/Relocation Agent Acquisition/Relocation Agent Right of Way Technician Administrative Support CDC/20P8-38 '" ~ ~ ~ o c:: "t:l L. lU C L. Q) m c lU en '+- o ~ o Q) J:: .... '+- o >. 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