HomeMy WebLinkAboutCDC/2011-06
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RESOLUTION NO. CDC/2011-6
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 CONTRACT EMPLOYMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND ROBERT OPPEL TO PROVIDE
NEIGHBORHOOD STABILIZATION PROGRAM AND OTHER
AFFORDABLE HOUSING PROFESSIONAL SERVICES TO THE AGENCY
9 WHEREAS, the Neighborhood Stabilization Program ("NSP") and the vanous aspects
10 associated with acquisition and rehabilitation of formerly foreclosed housing units has created an
11 urgent need for a professional-level construction project manager; and
12 WHEREAS, such a construction project manager is needed to work closely with the
13 Redevelopment Agency of the City of San Bernardino ("Agency") Staff to successfully manage all
14 aspects of housing rehabilitation and construction management activities; and
15 WHEREAS, the job posting for this position resulted in a qualified applicant pool of thirteen
16 (13) persons; and
17 WHEREAS, the skills, education, and previous work experience of Robert Oppel ("Contract
18 Employee") makes him most qualified to provide such professional-level services; and
19 WHEREAS, the Community Development Commission of the City of San Bernardino
20 ("Commission") desires to authorize the establishment of a temporary full-time position with the
21 Contract Employee as further detailed in the Contract Employment Agreement ("Agreement") by
22 and between the Agency and the Contract Employee, along with California Public Employee
23 Retirement System ("PERS") benefits equal to 7% of the Contract Employee's hourly wage rate in
24 order to provide construction project management services in furtherance of the City's NSP and
25 related housing production efforts.
26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28 FOLLOWS:
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CDc/2011-6
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Section 1.
The Commission hereby approves and authorizes the establishment of the
2 temporary full-time staff position of "Construction Project Manager" from the date of this
3 Resolution through and including June 30, 2012, in accordance with the Agreement attached hereto
4 as Exhibit "A" in furtherance of the NSP and related housing production efforts.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
6 Commission.
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CDC/2011-6
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 CONTRACT EMPLOYMENT AGREEMENT BY AND
BETWEEN THE AGENCY AND ROBERT OPPEL TO PROVIDE
NEIGHBORHOOD STABILIZATION PROGRAM AND OTHER
AFFORDABLE HOUSING PROFESSIONAL SERVICES TO THE AGENCY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
8 thereof, held on the 7th
9 Commission Members:
10 MARQUEZ
11 DES JARDINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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18
joint regular
meeting
day of FebruRry
, 2011, by the following vote to wit:
Ayes
x
Abstain
Absent
Nays
x
x
x
x
x
x
~
Secretary' -., -~-
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20 The foregoing Resolution is hereby approved this
day of FebruRry
, 2011.
/.J" , ,) "
" - j / /' /'
,( /- ,~_~9 /~kv- Y-.f'~ /.h_
Rikke Van Johnson, 'Vice Chairperso;;-
Community Development Commission 1
of the City of San Bernardino
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Approved as to Form:
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26 By:
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J: ", ,,', i, - '- I \ /: '
C (!~ ,;.,(u.'( 1 ~ Lr I ({ l/ ( , V\...
A~ncy Counsel 7
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P:\Agendas\Resolutions\Resolutions\2011\02-07-11 Robert Oppel- Contract Employment Agreement CDC Reso.docx
CDC/2011-6
EXHIBIT" A"
CDC/2011-6
CONTRACT EMPLOYMENT AGREEMENT
This Contract Employment Agreement (this "Agreement") is made and entered into on this ih day
of February 2011 (the "Effective Date"), by and between the Redevelopment Agency of the City of San
Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency") and Robert
Oppel, Construction Project Manager (hereinafter referred to as the "Contract Employee").
WITNESSETH
WHEREAS, the Contract Employee has over twenty (20) years of professional project
construction management and real estate transaction experience in California;and
WHEREAS, the Agency and the Contract Employee desire to enter into this Agreement to utilize
the Contract Employee's services for professional construction management, housing and economic
development activities related to the Agency's on-going Neighborhood Stabilization Program efforts as
described in Attachment I (the "Scope of Services") attached hereto and incorporated herein by reference
and the Contract Employee accepts responsibilities as described herein.
NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual
benefits to be derived there from, the parties agree to enter into this Agreement as follows:
1. TERMS OF EMPLOYMENT.
(a) This Agreement shall commence as of the day and year first above written and shall remain in full
force and effect until such time as either party provides a written thirty (30) day termination
notice, and shall be subject to appropriate funding within the Agency's annual budget; provided,
however, that the term of this Agreement shall not exceed a duration through and including June
30,2012, unless otherwise amended in writing by the parties.
(b) There shall also be two (2) additional one-year Agreements that will be executed for each
subsequent fiscal year (FY 12-13 and FY 13-14) consistent with the Agency's annual budget
process and subject to the mutual agreement between the Agency and the Contract Employee and
subject to the availability of funds.
(c) Contract Employee Rules. Except as set out in this Agreement, Contract Employee shall be and
remain an at-will employee who may be terminated without cause as set out herein. Employee
shall not be eligible for benefits provided for regular employees, i.e. vacation, sick leave, or
holiday pay (except as required by law), but shall be covered by workers' compensation.
Contract Employee shall receive a W -2 and appropriate taxes shall be withheld.
Under the supervision of Carey K. Jenkins, Director of Housing and Community Development,
Contract Employee shall perform each element as needed of the work described in the job
description attached hereto asAttachment I.
2. CONFIDENTIALITY OF REPORTS.
The Contract Employee 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
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CDC/2011-6
person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim
Executive Director or designee.
3. COMPENSATION.
The maximum compensation for the Contract Employee'sservices shall be equal to forty-one
dollars and forty-two cents ($41.42)per hour with a maximum not to exceed the figure of Eighty-Two
Thousand Eight Hundred Forty Dollars ($82,840) in anyone fiscal year. Reimbursement for work-related
travel, including travel mileage at the current Internal Revenue Service rate, shall be pre-approved by the
Interim Executive Director or his designee, in writing, and shall be submitted for reimbursement with the
Contract Employee's time card as supported by documentation in accordance with the Agency's policies
and procedures. During the term of this Agreement, the Agency shall pay the Contract Employee on the
same basis as other contract employees upon receipt of a time card or itemized invoice from the Contract
Employee.
The Contract Employee shall also receive Public Employee Retirement System (PERS) benefits to
be paid by the Agency (employee and employer portion) which shall commence on the effective date of
this Agreement.
4. NONDISCRIMINATION: MONITORING AND REPORTING WORK PERFORMANCE.
The Contract Employee shall not discriminate because of race, color, national origin, creed,
religion, sex, marital status or physical handicap. Contract Employee shall be governed by the Agency's
Harassment, ADA and Drug Free Workplace Policies.
5. CONFLICT OF INTEREST.
The Contract Employee shall be governed by the Agency's conflict of interest code and
regulations.
6. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS.
During the term of this Agreement and any extension thereof, the Contract Employee shall not
engage in outside employment without the prior written consent on the Interim Executive Director of
Agency or his designee.
7 NO ASSIGNMENT.
The services as contained herein are to be rendered by the Contract Employee whose name is as
appears first above written and said Contract Employee shall not assign nor transfer any interest in this
Agreement.
8. MODIFICATION.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of the
parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in
writing and signed by both parties.
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9. CHOICE OF LAW.
This Agreement, and any dispute ansmg from the relationship between the parties to this
Agreement, shall be governed by California law, excluding any laws that direct the application of another
jurisdiction's laws. Venue shall be in the Central District of San Bernardino.
10. 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.
11. 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.
12. 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.
13. CONTRACT EV ALVA TION AND REVIEW.
The on-going assessment and monitoring of this Agreement is the responsibility of the Interim
Executive Director or designee.
14. 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 Contract Employee by the Agency and contains all the
covenants and agreements between the parties with respect to such retention.
15. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
16. NOTICE.
Notices herein shall be presented in person or by certified or registered United States mail, as
follows:
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To the Contract Employee: Robert Oppel, Construction Project Manager
12555 Appleton Way
Los Angeles, California 90066
(310) 390-0116
To the Agency: Emil A. Marzullo, Interim Executive Director
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
(909) 663-1044
17. ENTIRE AGREEMENT.
This Agreement, with Attachment I, constitutes the final, complete and exclusive statement of the
terms of the agreement between the parties pertaining to the engagement of the Contract Employee by the
Agency and the entire understanding of the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter into this Agreement by,
nor is any party relying on, any representation or warranty outside those expressly set forth in this
Agreement.
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
Dated: olka
za;$
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: ~~fYl~
Agenc Counsel
CONTRACT EMPLOYEE
Dated:
I/~/;"
f
By: f?.LJ O~
Robert Oppel, Cons(r ction Project Manager
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CDC/2011-6
ATTACHMENT I
ROBERT OPPEL
ECONOMIC DEVELOPMENT AGENCY
HOUSING & COMMUNITY DEVELOPMENT
CONSTRUCTION PROJECT MANAGER
JOB DESCRIPTION:
Under general supervision, to conduct field and office work related to the inspection of
residential and commercial structures, to prepare rehabilitation plan specifications and cost
estimates. Conduct inspections of buildings in all stages of construction, alteration and repair.
Manage demolition and on/off site construction activities. Undertake property and asset
management including maintenance and rehabilitation activities. Assist in examination of
building plans and specifications and perform related work as required.
SUPERVISION RECEIVED AND EXERCISED:
Receives direction from the Housing & Community Development Director. Exercises
supervision of subordinate staff (property supervisor) in day-to-day efforts in property
maintenance, demolition, developing and implementing community development and
redevelopment programs and projects.
SPECIAL QUALIFICATIONS:
This position differs from other Department positions in requiring a detailed familiarity with
commercial and housing construction, demolition and rehabilitation programs. Knowledge of
redevelopment and community development practices, of real property development and
management principles and techniques and methods of land acquisition and disposition as well
as a strong ability to interface and negotiate with the business and development community. The
position requires technical background and skills necessary in various housing areas, including
rehabilitation programs and financings.
ESSENTIAL FUNCTIONS:
Duties may include, but are not limited to, the following:
(a) Participation in preconstruction conferences; prepare plans and specifications.
(b) Conducts field inspections of residential and commercial construction at all stages of
construction, demolition, alteration and repair; ensure construction complies with plans.
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(c) Observe work in various stages of progress to ensure conformance with building codes,
ordinances, and regulations; inspect materials and take samples; check workmanship,
proper storage of materials and safety standards.
(d) Conduct final inspections of completed work III conjunction with the Planning and
Building Services Department.
(e) Preparation of staff reports, including necessary backup for presentation to City Council.
(f) Provide approvals to acceptable structures and installations; receive and investigate
complaints from owners of properties experiencing rehabilitation; notify architects,
engineers and City departments of material or workmanship which does not meet
building codes, ordinances and regulations.
(g) Make reinspections when construction does not conform to the plans and requirements of
building code, ordinances and regulations.
(h) Prepare inspection reports and correspondence; maintain records and reports; interpret
codes, ordinances and regulations and departmental policies to engineers, contractors,
architects and others concerned with building, construction or rehabilitation
requirements.
(i) Develop and implement new community development and redevelopment projects which
are beneficial to the implementation of the goals and objectives of the Development
Department.
G) Undertake and supervise the planning and implementation of development activities and
real estate transactions including acquisition, demolition, relocation, subdivision,
improvement and disposition of real property.
(k) Interface and negotiate with the development community to implement Department goals
and procedures with respect to potential development proposals.
(1) Assist and implement long range and short range land use planning goals, economIC
development strategies, and asset management activities.
(m) Supervise and assist in preparation of reports with federal, state and local governments;
coordinate surveys, marketing, recruiting, retention of existing and attraction of new
businesses.
(n) Implement and assist in property management activities and relocation activities.
(0) Inspect on/off site contracts and construction in progress and demolition; assist in review
of contracts and progress reports and maintain proper records; and manage real property
escrows and refinancings.
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(p) Cause the preparation of contract documents for the acquisition, demolition,
improvement, management and disposition of property.
(q) Perform related work as required.
WORK HOURS:
Standard business hours, Monday through Friday, 8a.m. - 5p.m. and usually works to 6p.m.
Exempt position, not eligible for overtime
Construction Manager uses the Agency's equipment to perform the duties: desk, phone,
computer, printer, camera, copier, paper, pens and general supplies to perform the day-to-day
operations.
QUALIFICATIONS:
Knowledge of:
. Real estate, construction, demolition, environmental, community development and
redevelopment laws, rules and regulations.
. Methods and techniques of contract interpretation, including documents relating to
acquisition, demolition, disposition, construction, financing and property management.
. Knowledge of property management principles and methods including those pertaining to
leasing, maintaining and securing buildings and vacant land.
. Knowledge of land acquisition, demolition, relocation and environmental requirements under
state and federal law.
Ability to:
. Negotiate technical and complex development agreements with development community
representatives.
. Supervise property development and management.
. Communicate effectively with other employees, real estate trade, property owners and the
general public.
. Ability to deal tactfully and effectively with general public and work effectively with other
employees.
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