HomeMy WebLinkAboutCDC/2009-14
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(NOTE: COMPANION RESOLUTION CDC/2009-13)
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RESOLUTION NO. CDC/2009-14
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 ROSENOW SPEVACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 lO-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (UPTOWN REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
public body, corporate and politic existing under the laws of the State of California, California
Community Redevelopment Law, Health and Safety Code 33000, et seq. ("CRL"), and is charged
with the mission of redeveloping blighted and underutilized land; and
WHEREAS, CRL Section 33490(a)(1 )(A) requires all redevelopment agencies to adopt a 5-
Year Implementation Plan and a I 0- Year Housing Compliance Plan; and
WHEREAS, in 1994, 1999, and 2004, respectively, the Agency adopted its first, second, and
third 5- Y ear Implementation Plan and I 0- Year Housing Compliance Plan; and
WHEREAS, the Agency's last 5-Year Implementation Plan and 10-Year Housing
Compliance Plan covered the period from 2004-2005 to 2008-2009 and 2004-2005 to 2013-2014,
respectively, and both will expire in December 2009; and
WHEREAS, on November 7, 2005, the Community Development Commission of the City
of San Bernardino ("Commission") adopted Resolution No. CDC/2005-38 accepting the Inland
Valley Development Agency's ("IVDA") Inclusionary Housing Policy entitling the Agency to
receive one hundred percent (100%) of the inclusionary/replacement housing credits for any
developed or newly rehabilitated housing units within the IVDA Redevelopment Project Area
25 within its territorial jurisdiction; and
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WHEREAS, as a result of Resolution No. CDC/2005-38, IVDA's housing requirements will
27 be covered in the Agency's I 0- Year Housing Compliance Plan; and
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CDC/2009-14
1 WHEREAS, both the 5-Year Implementation Plan and the 10-Year Housing Compliance
2 Plan will address the Agency's State College, Central City East, Central City North, Central City
3 West, Central City South, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt.
4 Vernon Corridor, Meadowbrook, 40th Street, IVDA (housing only), and Central City Projects
5 Redevelopment Project Areas ("Project Areas"); and
6 WHEREAS, the 5- Year Implementation Plan will contain the specific goals and objectives
7 of the Agency for its Project Areas along with specific programs to include potential projects and
8 estimated expenditures proposed to be made during the next five years, and an explanation of how
9 the goals and objectives, programs, and expenditures will eliminate blight within the Project Areas;
10 WHEREAS the 10- Year Housing Compliance Plan will identify the Agency's housing
11 responsibilities and the use of the Low and Moderate Income Housing Fund in furtherance of
12 Project Area housing and community-wide housing requirements; and
13 WHEREAS, on April 9, 2009, the Redevelopment Committee recommended to the
14 Commission approval of a professional services agreement ("Agreement") by and between the
15 Agency and Rosenow Spevacek Group, Inc. ("Consultant"), to prepare the required 5- Year
16 Implementation Plan and the 10- Year Housing Compliance Plan; and
17 WHEREAS, the Redevelopment Committee recommended that the Commission approve
18 this Agreement and authorize the Interim Executive Director to execute said Agreement.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
20 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Commission hereby approves the Agreement, solely with respect to the
22 Uptown Redevelopment Project Area, and hereby authorizes the Interim Execute Director of the
23 Agency to execute the Agreement with Consultant on behalf of the Agency, together with any
24 technical and conforming changes as may be recommended by the Interim Executive Director of the
25 Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
27 Commission.
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CDC/2009-14
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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 ROSENOW SPEV ACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (UPTOWN REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a i oint regular
meeting
9 thereof, held on the 20 t h
10 Commission Members:
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
day of Anril
,2009, by the following vote to wit:
Abstain
Aves
X
Navs
Absent
X
X
X
X
X
X
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Secretary
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The foregoing Resolution is hereby approved this d3'.{dayof April
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,2009.
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~~~~
Patrick . Morris, C a';~ _ ,
Ity Development Commission
of the City of San Bernardino
25 Approved as to Form:
26 ~
27 By: \ /~
Agency uns
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CDC/2009-14
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDI:'<O
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into as of April 20, 2009, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO ("Agency"), a publie body, corporate and politic, and Rosenow
Spevaeek Group, [nc., ("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECE[PT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULT ANT. The Agency Staff designated in Exhibit "A" shall
be responsible for the direction of any work to be performed by the Consultant and any
other consultants or subconsultants to the Agency under this Agreement. The Consultant
shall not undertake any work under the terms of this Agreement, unless instructed to do
so by one of the designated staff members. No other staff member is authorized by the
Agency to request services from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first
appearing in this Agreement and will terminate upon the completion of the services
described in the Scope of Services as referenced in Section 3, unless earlier terminated as
provided in this Agreement. The Agency reserves the right through the actions of the
Interim Executive Director to terminate this Agreement at anytime either with or without
cause and at the sole convenience of the Agency upon delivery of notice of termination to
the Consultant; provided, however, that upon the effective date of any such termination,
the Agency shall be responsible to pay and/or reimburse the Consultant for all services,
materials and supplies as may have been furnished to the Agency in accordance with the
Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached
hereto as Exhibit "'B" and incorporated herein by this reference. The Consultant hereby
agrees to perform the work set forth in the Scope of Services, in accordance with the
terms of this Agreement. The Consultant shall perform the services as set forth on said
Scope of Services within the time perl ods to be identified by the appropriate ^gency
representative.
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4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to
exceed $75,920.00 for completion of the services described in the Scope of
Services set forth in Exhibit .r; B."
B. The compensation designated in subsection 4.A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as
set forth in the Scope of Services. The Total Fee shall include, but not be limited
to, the salaries of all subcontractors retained by the Consultant and all employees
of the Consultant to perfoml work pursuant to this Agreement and shall be
inclusive of all costs and expenses incurred for mileage, travel, graphics,
telephone, printing, fax transmission, postage, copics and sllch other expenses
related to completion of the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant
under this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Kathleen Robles, Project Manager
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Eaeh invoice of the Consultant shall set forth the time and expenses of the
Consultant incurred in performance of the Scope of Services, during the period of
time for which the invoice is issued. Each invoice of the Consultant shall clearly
set forth the names of the individual personnel of the Consultant and any
individual subconsultants utilized by the Consultant, during the time period
covered' ,~y the invoice, a description of the_ professional services rendered on a
daily basis by each named individual during such time period, the respective
hourly rates of each named individual and the actual time expended by each
named individual. Each invoice of the Consultant shall be accompanied by copies
of all third party invoices for other direct costs incurred and paid by the
Consultant during such time period. The Agency shall pay all amounts set forth
on the invoices of the Consultant and approved by the authorized Agency Stalf
personnel who requested the services, within thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, ficld notes and supporting documents and all
other records pcrtaining to the usc of funds paid to the Consultant hcreunder shall be
retained by the Consultant and available to the Agency for examination and for purposes
of performing an audit for a period of five (5) years from the date of expiration or
termination of this Agreement or for a longer period, as required by law. Such records
shall be available to the Agency and to appropriate county, state or fcderal agencies and
officials for inspection during the regular business hours of the Consultant. If the
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CDG/2009-14
Consultant docs not maintain regular business hours, then such records shall be available
for inspection between the hours of 9 a.m. and 5 p.m. Monday through friday, excluding
federal and state government holidays. In the event of litigation or an audit relating to this
Agreement or funds paid to the Consultant by the Agency under this Agreement, such
records shall be retained by the Consultant until all such litigation or audit has been
resolved.
6. INDEMNIFICATION. The Consultant shall defend, indemnity and hold harmless the
Agency, its officers, employees, representatives, and agents from and against any and all
actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal
costs and attorneys fees, for injury or damage of any type claimed as a result of the
negligent acts or omissions of the Consultant, its officers, employees, subcontractors and
agents, to the extent arising from or related to negligent performance by the Consultant of
the work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance. as set forth in Exhibit "C" to
this Agreement, throughout the term of this Agreement. The Consultant shall remain
liable to the Agency pursuant to Section 6. above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by the Agency that
arc caused directly or indirectly through the actions or inactions, willful misconduct or
negligence of thc Consultant in the performance of the duties incurred by the Consultant
pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings,
specifications, computations, notes, rendcrings, designs, inventions, photographs,
modifications, adoptions, utilizations, correspondence or other documents generated by
or on behalf of the Consultant for performance of the work (collectively, the "Work
Products") set forth in the Scope of Services shall upon payment for those services
embodying the particular clement of the Work Products, become the sole property of the
Agency, and the. Work Products shall thereafter be delivered to the Agency upon written
request from the Agency to the Consultant. The Consultant shall not make use of any
maps, photographs, data, information, reports, drawings, specifications, computations,
notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents and other materials whether for
marketing purposes or for use with other clients when such have become the property of
the Agency without the prior express written consent of the Agency except to the extent
that such maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications,
adoptions, utilizations, correspondence or other documents arc readily available to the
general public as public records pursuant to State law; provided, however, that the
Consultant may retain copies of any such items for their business records.
The Consultant shall execute, acknowledge and perform any and all acts which shall
reasonably be required in order for the Agency to establish unequivocal ownership of the
maps, photographs, data, information, reports, drawings, specifications, computations,
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CDC/2009-14
notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents and record, register and procure an
issuance in or to the Agency's rights, title and/or interest. Any reuse without written
verification or adaptation by the Consultant for the specific purpose intended will be at
the Agency's sole risk and without liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or COnfilTI1ation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior
written consent of the Agency.
10. CONFIDENTTALlTY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations, information, and data
acquired or generated in performance of the work set forth in the Scope of Services,
which the Agency designates confidential. None of such designated confidential
materials or information may be made available to any person or entity, public or private,
without the prior written consent of the Agency.
11. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement;
provided, however, that if the party who is otherwise claimed to be in default by
the other party commences to cure, correct or remedy the alleged default within
seven (7) calendar days after receipt of writtcn notice specifying such dcfault and
shall diligently complete such curc, correction or remedy, such party shall not be
decmed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the allegcd default. Delay in giving slIch
notice sh~ll not constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right to exercise any
remedy for a default hereunder without delivering the written default notice, as
specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties
under this Agreement are cumulative and the exercise by any party of one or more
of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
dcfault by the other party.
D. In the cvent that a default of any party to this Agreement may remain uncurcd for
more than seven (7) calendar days following written notice, as provided above, a
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CDC/2009-14
"breach" shall be deemed to have occurred. In the event of a breach, the injured
party shall be entitled to seck any appropriate remedy or damages by initiating
legal proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the
other party fifteen (15) calendar days' prior written notice. The Agency sball pay
the Consultant for all work authorized by the Agency and completed, prior to tbe
effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the
Consultant shall provide all documents, notes, maps, rcports, data or other work
product developed in performance of the Scope of Services of this Agreement to
the Agency, within ten (10) calendar days after such termination and without
additional charge to the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certified or registered United States Mail, return receipt requested, postage
prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed
effective on the third business day following the deposit of such Notice with the United
States Postal Service. This Section 13 shall not prevent the parties hereto from giving
notice by personal service or telephonically verified fax transmission, which shall be
deemed effective upon actual receipt of such personal service or telephonic verification.
Either party may change their address for receipt of written notice by notifying the other
party in writing of a new address for delivering notice to such party.
CONSULTANT: Rosenow Spevaeek Group, Ine
309 West 4'h Street
Santa Ana, CA 92701-4502
Attn: Fclisc Acosta
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil Marzullo, Interim Executive Director
201 North HE" Street, Suite 301
San Bernardino, California 9240 I
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state and
federal laws, lTIcluding, but not limited to, environmental acts, rules and regulations
applicable to the work to be performed by the Consultant under this Agreement. The
Consultant shall maintain all necessary licenses, including a City of San Bernardino
Business License, and registrations for the lawful performance of the work required of
the Consultant under this Agreement.
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CDC/2009-14
15. NONDISCRIM[NAT[ON. The Consultant shall not discriminate against any person on
the basis of race, color, creed, religion, natural origin. ancestry, sex, marital status or
physical handicap in the performance of thc Scope of Services of this Agreement.
Without limitation, the Consultant hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, marital
status of national origin. Further, the Consultant shall promote affirmative action in its
hiring practices and employee policies for minorities and other designated classes in
accordance with federal, state and local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising, employment,
upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the
basis of age, handicap or religion in compliance with State and Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work
described in the Scope of Services be deemed to be an independent contractor. Neither
the Consultant nor any of its subcontractors shall at any time or in any manner represent
that it or any of its employees arc employees of the Agency or any member agency of the
Agency. The Agency shall not be requested or ordered to assume any liability or expense
for the direct payment of any salary, wage or benefit to any person employed by the
Consultant or its subcontractors to perform any item of work described in the Scope of
Services. The Consultant is entirely responsible for the immediate payment of all
subcontractor liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to certain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, or the application of such term or
provision to circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
[8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement betwecn the
parties. This Agreement supersedes all prior negotiation, discussions and agreements
between the parties concerning the subject matters covered herein. The parties intend this
Agreement to be the final expression of their agreement with respect to the subjects
covered herein and a complete and exclusive statement of such terms.
[9. AMENDMENT OR MODIFICATION. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto.
Any such modification or amendment shall be valid, binding and legally enforeeab[e only
if in written form and executed by each of the parties hereto, following all necessary
approvals and authorizations for such execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in
the Superior Court of the State of California in and for the County of San Bernardino.
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21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall
not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the
prior written consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they arc duly authorized to execute this Agreement
on behalf of and bind the parties each purports to represent.
24, EXECUTION IN COUNTER? ARTS. This Agreement may be executed in one (I) or
morc counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall
not be binding on the Agency until signed by an authorized representative of the
Consultant, approved by the Agency and executed by the Interim Executive Director or
his designee.
26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests
adverse to the Agency or the City at the time of execution of this Agreement. The
Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not
enter into any agreement or acquire any interests detrimental or adverse to the Agency or
the City. Additionally, the Consultant hereby represents and warrants to the Agency that
the Consultant and any partnerships, individual persons or any other party or parties
comprising the Consultant, together with each subcontractor who may hereafter be
designated to perform services pursuant to this Agreement, do not have and, during the
term of this Agreement, shall not acquire any property ownership interest, business
interests, professional employment relationships, contractual relationships of any nature
or any other fin.uncial arrangements relating to the Agency, property over which the
Agency has jurisdiction or any members or staff of the Agency that have not been
previously disclosed in writing to the Agency, and that any such property ownership
interests, business interests, professional employment relationships, contractual
relationships or any nature or any other financial arrangements will not adversely affect
the ability of the Consultant to perform the services to the Agency as set forth in this
Agreement.
27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship
between the Agency and the Consultant for the services set forth in Exhibit '"B" or any
similar or related ser\/ices. The Agency may, during the term of this Agreement, contract
with other consultants for the performance of the same, similar or related services as
those that may be performed by the Consultant under this Agreement. The Agency
reserves the discretion and the right to dete1ll1ine the amount of services to be performed
by the Consultant for the Agency under this Agreement, including not requesting any
services at all. This Agreement only sets forth the terms upon which any such services
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will be provided to the Agency by the Consultant, if such services are requested by the
Agency, as set forth in this Agreement.
28 CONSEOUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency
and Consultant agree that except as otherwise provided in this Section 28, in no event
will either be liable to the other under this Agreement for any damages including but not
limited to, special damages, loss of revenue, loss of profit, operating costs or business
interruption losses, regardless of cause, including breach of contract, negligence, strict
liability or otherwise. The limitations and exclusions of liability set forth in this Section
28 sball apply regardless of fault, breach of contract, tort, strict liability or otherwise of
the Consultant and the Agency, their employees or subconsultants.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AGENCY
Dated y;/ot / dlftJ7
Redevelopment Agency of the City of San
Bernardino, a pu . orporate and politic
By:
Emil Marzullo, Interim Executive Director
Approved as to Form nd Legal Content:
By:
Timothy . ab Agency Counsel
CONSULTANT
Dated: J d-;27- 2c{)7'
Rosenow Spevacek Group. Inc.
309 West 4th Street
Santa Ana, CA 92701-4502
By ~~I a~C:;;;;,J
Name:
Felise Acosta
Title:
Princioal
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Agency Staff:
CDC/2009-14
EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Emil Marzullo, Interim Executive Director
Don Gee, Deputy Director
Kathleen Robles, Project Manager
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CDC/2009-14
EXHIBIT "B"
SCOPE OF SERVICES AND COSTS
APPROACH
The City of San Bernardino Economic Development Agency (the "Agency") which operates
as the City of San Bernardino's Redevelopment Agency is seeking consultant services to
assist in the preparation of the Agency's five-year implementation and ten-year housing
compliance plan. The plan will cover fiscal years 2009-10 through 2014-15 ("2009 Fivc-
Year Plan"). This is the Agency's fourth implementation plan prepared since the enactment
of Assembly Bill 1290 which amended the California Community Redevelopment Law
CCRL") by adding Section 33490. The 2009 Five-Ycar Plan will contain two separate
components: non-housing or redevelopment component and a housing component, which
will serve as the Agency's Ten-Year (2009-10 through 2019-20) affordable housing
compliance plan CHousing Component").
FIVE-YEAR STRATEGY
The 2009 Five- Y car Plan preparation comes at a time of economic strife. The Agency is
challenged by the fact that a numbcr of their redevelopment plans arc reaching their term
and/or tinanciallimit. Further, there continues to be arcas within the City of San Bernardino
("City") which exhibit blight that are not currcntly in a redevelopment project area. These
issues require review and a determination as to what course of action the Agency should
embark upon to continue redevelopment efforts and address the City's economic problems
proactively. Therefore, RSG suggest that the Agency take the opportunity of the 2009 Five-
Year Plan process to create a viable working strategy that can guide the Agency in
addressing not only continuing redevelopment implementation but also provide direction for
the actions necessary to retain existing Project Arcas and address other blighted areas within
the City. The Strategy would include setting out the Agency's Vision, Mission as well as
Core Purposes and Values in its efforts to improve the Project Areas. Further, the Strategy
will transform the Housing Component to a working Housing Strategy that will identify all
funding sources and provide an annual work program as a guideline to achieving the five and
ten year housing goals of the City and Agency.
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SCOPE OF SERVICES
The Agency has adopted a total offomteen (14) Redevelopment Project Areas. Four of these
Project Areas were merged to create the Central City Merged Project Area, as described
below. Currently, existing Project Arcas encompass an estimated 8,497 acres of the City's
incorporated territory.
The Agency's Project Arcas were adopted over the last 42 years beginning with the creation
of the Agency and adoption of the Meadowbrook Project Area in 1958. The Agency's
redevelopment project arcas include:
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The Central City Project Area consists of four merged project areas: the
Meadowbrook Project Area (adopted July 21, 1958), the Central City East Project
Area (adopted May 3, 1976), the Central City South Project Area (adopted May 3,
1976) and the Central City Project No. I (adopted February 23, 1965). The merging
of these Project Areas was completed in 19X3.
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The State College Redevelopment Project Area, adopted on April 27, 1970.
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The Central City North Project Area, adopted on August 6,1973.
.
The Southeast Industrial Park Project, adopted on June 21, 1976.
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The Central City West Redevelopment Project Area, adopted on February 17, 1976.
The Northwest Redevelopment Project Area, adopted July 6, 1982.
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The Tri-City Redevelopment Project Area, adopted on June 20, 1983.
.
The South Valle Redevelopment Project Area, adopted on July 9, 1984.
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The Uptown Redevelopment Project Area, adopted on June 18, 1986.
.
The Mt. Vernon Corridor Redevelopment Project Area, adopted on June 25,1990.
.
40'" Street Redevelopment Project Area, adopted on June 19, 2000.
The largest city within the county, San Bernardino has an estimated population of 194,643
and has served as the primary urban center for the Inland Empire for over a century. The
Agency's redevelopment efforts have been the main stay of its City's economic development
and housing efforts. Therefore, preparation of the proposed 2009 Five-Year Plan and
Housing Component is of extreme importance in guiding the Agency and City during the
next five and ten year period, especially in these economically challenging times.
11
CDC/2009-14
RSG understands the importance of these documents as guiding tools and is prepared to work
with staff and the Agency to ensure that finalize documents are of value and will assist the
Agency in their efforts to improve the City and lives of the City's residents.
REQUIREMENTS
Section 33490 of the CRL requires that each redevelopment agency, adopt a five-year
implementation plan, after a public hearing, that contains the specific goals and objectives of
the agency for its redevelopment project arca(s). A five-year implementation plan must
identify the specific programs/projects and expenditures proposed to be made during the five
(5) year term of the plan; provide an explanation of how the goals and objectives, programs,
and expenditures will eliminate blight within the agency's project area(s); and implement the
housing requirements contained in the CRL. Pursuant to Section 33490, implementation
plans with housing components, must be adopted every five (5) years.
The following scope of services outlines the steps and analysis required to prepare the
Agency's 2009 Five-Year Plan covering all of the Agency's redevelopment project areas.
Each Project Area will be address in its own section of the Plan and will contain all the
information required by Section 33490 of CRL. The 2009 Five-Year Plan document will
incorporate a separate 2009-10 through 2019-20 Housing Component that will contain all
housing information require by the CRL and also cover the City of San Bernardino's territory
that is incorporated into the Inland Valley Redevelopment Project Area ("IVDA").
Detailed clements of the 2009 Five-Year Plan will include: specific goals, objectives,
projects and programs for each Project Area including estimated expenditures for each over
the five-year term. Additionally, an overview or matrix will be included that links and
explains how the goals, objectives, projects. programs and expenditures will eliminate blight
within the Project Areas. The 2009 Five- Y car Plan and Housing Component will provide an
explanation of how the goals, objectives, projects, programs and expenditures will implement
the low and moder(j.te income housing set-aside and housing production requirements set
forth in Sections 33334.2, 33334.4, 33334.6 and 33413 of the CRL for the next five- and ten-
year periods. The 2009 Five-Year Plan and Housing Component will provide details of the
number of housing units to be rehabilitated, price-restricted, assisted or destroyed, amounts
of estimated Housing Fund deposits. replacement housing information (if required) and a
description of housing fund targeting.l Additionally the Housing Component will address
the requirement to provide an accounting of the amounts of housing funds utilized to assist
affordable units by income category.
1 Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five~Year Plan
must be expended for very low and low income persons at a minimum in the same proportion to the County's fair
share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units.
Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the
2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and
moderate income families to low and moderate income senior citizens.
12
CDC/2009-14
DATA COLLECTION - PROJECT SCOPING
The project team will hold a scoping meeting with Agency staff to discuss and reline the
scope and objectives of the 2009 Five-Year Plan and Housing Component and the necessary
steps needed to transform the documents into an overall Strategy for redevelopment and
housing activities.
Following a scoping meeting with staff, RSG would like to collect digital or hard copies of
the following information and/or work with staff to secure or develop the information
necessary to complete this engagement (if not already retained in RSG's internal files):
1. Verify the Agency's Redevelopment Plan limits infonnation, specifically including
eminent domain authority and time limits and any subsequent amendments to the
corresponding redevelopment plans.
2. Complete copies of the Agency's Annual Report to the Department of Housing and
Community Devclopment since 2004-05.
3. Updated inventory of affordable housing projects smee 04-05, including the
following:
a. common name and address of project,
b. year project was built, substantially rehabilitated, or price restricted,
c. total number of units by project, and number of units by income category, and
d. number of units used to fulfill replacement obligations.
4. Current Agency Budget and Work Program.
5. Housing Fund expenditures for the prior five year period including project name,
number of units by affordability levels and term of afford ability for each project.
6. City's most recent Housing Element and Citywide Regional Housing Needs
Assessment figures. (RSG is aware that the City is currently updated its Housing
Element. RSG will coordinate efforts and share data with the City's Housing
Element consultant.)
7. Projections of all new Project Area residential development and substantial
rehabilitation anticipated by year (RSG will provide worksheet to aid staff, and can
meet with Planning or Redevelopment staff to identify and complete the forecast).
13
CDG/2009-14
8. Staffs list of known ongoing and/or proposed redevelopment and capital
improvement projects and programs, including the following (copies of pertinent staff
reports can work well, as well as summary reports, or we can develop this list at our
staff meetings):
a. name of Project/Program,
b. narrative description of Project/Program, including location, scale/size, and
any housing units by incomefhouschold ranges targeted, and
c. total Agency estimated expenditures for the five year period (2009-10 through
20]3-]4).
9. GIS files necessary to develop maps of the project arcas for inclusion in the new
implementation plan (optional, but recommended and may already be coJlected
through our work on the Plan amendment)
10. Description and graphics (photographs or renderings) of projects completed since
2004-05 for possible inclusion in the new implementation plan and/or final Agency
presentation.
11. Identification of ongoing blighting conditions within the Project Areas and
identification of specific areas within the Project Arcas that RSG should review in the
field.
] 2. Identify key issues, problems to be addressed in the transforming Implementation and
Housing Plan into the desired Strategy.
Additional information may be necessary as the work proceeds, as the level of detail and
quality of the data would need to be assessed upon receipt. RSG would work with
appropriate staff to ensure the data collected is accurate and complete. Following the kickoff
meeting, RSG will prepare and update as necessary a schedule for preparation,
committee/councils. meeting, public review,. and adoption of the 2009 Five-Year
Plan/Strategy per the proposed timeline accounting for public hearing noticing requirements
and Agency agenda submittal and review process.
MEET AND COLLABORATE WITH STAFF IN DEVELOPMENT OF MISSJOJI:,
VISION AND CORE PURPOSE AND VALUES FOR STRATEGY
The Principal and Project Manager will mcct with Staff to refine the Agency's overall vision
for the Strategy by establishing an agreed upon Mission that is derived from the Core
Purpose and Values for the Agency's ctTorts over the next five and ten year period covering
both redevelopment and housing efforts.
14
CDC/2009-14
IDENTIFY POTENTIAL NON-HOUSING PROJECTS AND PROGRAMS
Based upon the results from the preceding planning activities, collected data and staff input,
RSG would identify anticipated non-housing redevelopment and capital projects, related
goals, objectives and blight to be addressed for each Project Area over the five-year planning
period. A matrix will be provided which will relate projects and programs with goals.
objectives and blight to be removed.
DEVELOP F1VE- AND TEN- YEAR COST/REVENUE PROGRAM MODELS
As part of the Strategy and Implementation and Housing Plans, RSG will develop five-year
and ten-year (for the housing fund) cost revenue that identifies the Agency's projected cash
fund balance for July of 2009 and thcn details expected revenues, administrative, debt
services and programs and projects costs over the term of the 2009 Strategy that will serve as
the Five-Year Plan and Ten- Year Housing Component per the CRL requirements. As part of
this activity RSG will project expected tax increment revenues, pass-thougl1 payments,
housing set-aside funds and net revcnue to the Redevclopment Fund over the 10 year period.
RSG will also assess the impact of tax increment cap limitations on Project Area revenues.
All other revenue sources available to assist the Agency in their implementation and housing
ellorts will be identified.
IDE:'oITIFY POTENTIAL HOUSING PROJECTS, PROGRAMS AND PRIORITIES
With input from staff, RSG will identify housing programs and projects and priorities for
inclusion in the Housing Strategy/Component. Included in this activity arc the following
tasks:
.
Collecting data provided by Agency staff on affordable and market rate demolition,
replacement housing, general construction and substantial rehabilitation projects, both
those completed and anticipated over the life of the Redevclopmcnt Plans for each
Project Are~..
.
Analyzing the City's regional housing needs assessment and portion of senior
residents to detcrmine appropriate levels of housing fund expenditures pursuant to
recent changes in the CRL.
Reviewing affordable housing goals, objectives, and programs contained in the City's
Housing Element.
.
.
Project revenues to fund affordable housing production for the ten-year planning
period.
.
Delineating implementation projects, programs and sites for housing development in
sufficient detail to measure performance.
.
Develop implementation strategy that creates work program for future years
activities.
15
CDG/2009-14
Consistent with the requirements of the CRL the Housing Strategy/Component will contain
the following information (covering the Project Areas and the City of San Bernardino
jurisdictional area of the IVDA Project Area):
MANDATORY ELEMENTS: HoUSING COMPU.AHCE
REQUIREMENTS
Low and Moderate Income Housing Fund (L.ow-Mod Fund)
:J Current balance and projected annual low-Mod Fund
deposits
:J Housing Program: Annual estimates of new. rehabilitated, or
price restricted units to be assisted wth Low-Mod Fundg
:J Housing Program: Annua estimates of Low~Mod Fund
expenditures
:J Descripnon of how Housing Program wi>! expend Low-Mod
Funds to meet regiOnal hoUSIng need allocations by
household types (veri low income, low income, low ,ncome
under 65 yrs Did) proportonate to community need.
."iolJs;ng Production (~3341:(bj;
::J Estimates of new, substantaky rehabilitated. or price
restricted units to be developed or purchased.
o Estimates of production requirements (or \fery low. lOW. and
moderate income units.
::J Number of very ow, low. and moderate mcome units that
have been developed and meet the production requirements
::J Estimates of all Ullits that WIll be developed by the agency.
fncluding very ow, low and moderate ,ncome units
,~egionBI Housmg Needs Allocation (RHNA;
::I RHNA target units and proposed Low-Mod Fund expenditures
:'or veri low. low, and moderate mcome persons
::I Total community popuation, low income 'popu;ation,
population under 65 'yTS old, and 'r:iW income ~opulatlon under
65 YI'S old
CI Detailed orogram and schedule to expend Low-Mod Funds to
meet the commun~ty's proportionate housing
needs/requirements.
Prior Five Year NOl..'sing Activities
CI Amounts of Low-Mod Funds used to assist extremely low
....-ery 16w. arKllow ,ncome units
::J Number,ocation and level of affordabi'ity of newly
constructed unts w,th otheroca,ly controlled go...ernment
as.sistance (no redevelopment agency assistance) that are
required to be affordable to. and occupied by, low, I/ery low
or e)(tremely lOW income persons for 55 years (rental} or45
years (for-sale)
CJ NumbeLocation.e...e' of affordab;lity_ and amount of low-
Mod Funds used to ass'st units a...,aflabe to fan~i ies with
children.
8eoo'acemenf Housing
CI Propose-d locatons suitable for re;racement housing
Housing Compliance w)t~in Six Years or less
CI If a ;:Jro,'ect area is w1hin sill: years of ,Is time 'imJt on pian
effectiveness address the agency's ability to comply with its
affordabe housing requirements
16
TlMEFRAME
Annually for
5 years
Anflually for
:.years
Annually for
: years
101'ears
life of plan
and 10 years
Life of plan
and 10 years
Cumulative
5 years
Annually for
5 years
Most recent
census
Annually for
1[; years
Prior f~...e
yearpenod
Priorf've
year :lenod
Prior (,...e
year ;Jer'od
!:years
Six jle81'S or
less
STATUTE
9-3349:0(8}:2)(I<.
)-I,i)
9-3349:D(a}{2)(A
){ill
9-3349:0<a j{2 )(P..
IIi')
9-33490(aX2)(A
)(iii:>
~-33490(a){2){B
!(i)
933490(aX2)(B
l{iil
!j:3349D(a){2)(B
)(iii)
33490(8}12){B:.
{iv},
33490(811,2:1(8:,
I"
~33490(a)(2)iC
}Ii)
S3349C(a)(2f1,C
iWI.
S33334A(b'l
S3349Dla)(2nC
)(iii)
S33490(a\I::~IC
i(i...)
S334901.a)(2:I,C
lii....-)
S3349J(B){2:iC
)(1"')
!j:33490{a)i3:1
S33490(a)i41
CDC/2009-14
Additionally the Housing Strategy/Component will also provide the following information:
. An outline of the Agency's housing requirements and obligations;
. An analysis of the City's housing needs to identify the type of housing to be
produced;
. Provide an affordability gap analysis to identify income and housing cost limits for
low to moderate income households;
. Provide an examination of the Agency's and all other funding resources that can be
devoted to affordable housing with an evaluation of how other revenue sources can
supplement these efforts;
. Recommend policies, goals and programs to implement a long-term housing strategy;
. Ensure that the public review process meets legal requirements;
. .,
. Analyze lllcome and age targeting goals-; and
. Provide required detail to make necessary findings that Agency's housing obligations
may be aggregated among all Project Areas.
DRAFT 2009 STRATEGY (S-YEAR PLAN/HOUSING COMPONENT DOCUMENTS)
Draft 2009 Strategy wbich will serve as the Agency's Five-Year Implementation and
Housing Plan will be prepared in a plain and clear language format. It will include the
following additional elements beyond the CRL requirements:
. Educationallnformation
o The role of redevelopment (e.g., history, purpose, benefits).
o How tax increment financing works and a discussion of the general strategies of
how to best utilize tax increment financing to achieve redevelopment of blighted
areas.
o A review of the general legal parameters that cover redevelopment agencies
activities with specific examples of limitations and proactive efforts agencies can
undertake to eliminate blight.
o ^ discussion of redevelopment's role in creating and preserving affordable
housing.
2 Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five~Year Plan
must be expended for very low and low income persons at a minimum in the same proportion to the County's fair
share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units.
Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the
2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and
moderate income families to low and moderate income senior citizens.
17
.
.
CDC/2009-14
. Strategic Planning
o Detail the Agency's prior accomplishments and contributions to the community.
o Develop the overall Vision and Mission of the Agency for the next five year
period to guide the Agency's actions and activities. Established Core Purposes
and Values as part of the Strategy document.
o Develop mechanism to evaluate and report back to the community on the
Agency's efforts in meeting the Strategy's Goals over the Plan's five year term.
General Timing of Dcvclopment of Strategy
. By early August of2009, RSG will circulate an administrative draft to Agency staff.
. RSG would then either arrange to meet at staffs offices or arrange a conference call
to go over format. content, and the ensuing committee/council public meetings.
. Staff comments to the document would be incorporated into a draft and distributed to
staff for dissemination to the RDA Committee for a work session on the document.
. Comments from the RDA Committee will be addressed and the Strategy revised
accordingly.
. The draft Final Strategy will be presented to the RDA Committee for their review and
approval.
. A draft public hearing notice, staff report, and adoption resolution for consideration
by the Agency will be prepared for Agency staff and legal counsel review and
finalization.
. RSG will attend the RDA Committee work session, approval meeting and the
Agency's Public Hearing and provide a presentation and/or answer questions
regarding the Strategy.
. Agency staff will be responsible for posting (in four permanent places within each
project area), mailing (at least three weeks in advance to all persons and agencies that
have requested notice) and publishing the public hearing notice (once a week for 3
successive weeks for a 21 day period; starting 31 days prior to hearing date).
. Revise Strategy/Implementation and Housing Plan will be finalized in response to
any Agency's changes made at Public Hearing.
. RSG will provide the Strategy/Implementation and Housing Plan on a Compact Disk
in Microsoft Word Format and one original camera ready copy of document.
18
.
MEETING SUMMARY
CDG/2009-14
The Principal and/or Project Manager for this engagement would attend the following
meetings. As necessary, support staff may also participate in such meetings.
Kickoff Meeting/ Staff Team Meeting.............. ................. ...................4
RDA Committee Work Session............................. ...... ............. ......1
RDA Committee Approval Meeting... ...................................... .......1
Agency Public Hearing.................... ......... .......................... .... ...1
TOTAL MEETINGS............................................................ ......8
SCHEDULE
Below. RSG has outlined a preliminary schedule of key tasks involved in the preparation of
the 2009 Five-Year Strategy/Implementation Plan and Housing Component. The actual
schedule is contingent upon several factors, such as agenda deadlines and review process,
public participation levels, and the availability of critical data.
The Schedule allows for a review draft to be circulated in early August with a completed
revised plan back to the City in mid September. It is anticipated that an RDA Committee
work session would be held in September and would be presented for the Committee's
approval in October. Noticing for the public hearing would be done in October and the
adoption hearing held in November of 2009.
City of 8M Bernardino Redevelopment. Agency ImplementationfHousi
ril.09 Ma -09 June-09 Ju -09 Au .-09
123412341234123451234
PI,., Schedu Ie
Se ..9 Oct.-09 Nov.-09
12341234512345
",ks
ontract Approval & Execution.
coping and Data Collection
Refine Adoption Schedule
D~ Analysis
Delineate Mission/Goals/'Vision
Identify Projects & Programs
Identify Housing Needs
Examine Cost/Revenue
Draft Plan &Ma:rix
ReviEMI Admin DrcttlRevised Pial
Redewlopment Comm. Work Session
Revised Plan
Redev. Conm. Meeting to Consider PliI'!
Public Hearing Noticing
goncy Public Hea-ingl Adoption
19
COST PROPOSAL
CDG/2009-14
.
RSG's total not-to-exceed budget for this engagement is anticipated to be $75,920, The
estimated is segregated as follows: $38.407,50 for the Redevelopment (Non-Housing)
portion of the Plan and $37,262.50 for the Housing Component with an estimated $250 for
expenses.
Our fees will be billed on a time-and-materials basis if savings occur the Agency would not
be charge the full estimated fee. RSG will charge for these services under our current fee
schedule:
2009 Billing Rates
Principal! Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
Reimbursable Expenses
CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY
MULTI-PROJECT AREA
1M PLEMENT AliGN PLAN/H au SING COM PO NEN Tau 0 G ET ESTIMATE
/.' /
fit"'" ~~
~<:- ",'- ,,/1>
-,p~ ~..", ,.:;:.<::'
0~" ,?-<::-1i/,\e,0 To\alCost
110 100 70
14% ; 12% 1%
Our Budget estimate is described as follows:
Consultant Hours by Task
% allime bv each member
Five Year Plan (Non-Housing)
Coordination, Scheduling & Staff Meetings
Data Collection Scop ing & An'alysis
Identify Projects & Programs/Mission & Vision
Develop Revenues & Costs Model
Prepare Ad m in.Stra tegyl 0 raft Five Ve ar Pia n
Review Draft Plan w/stall-Revised & Finalize Plan
Prepare & Attend RDA Comm Mtgs(2)
Staff Report/Resolution/Public Hearmg Notice
P reoare and Attend Pu blic Hearinn
SUBTOTAL
Housing Com ponent
Coordination, Scheduling & Staff Meetings
Data Collection, Scoping & Analysis
Ide ntify Projects & P rog ram s /M iss ion & Vision
Update housing production num bers
Estimate Cost-Rev, Identify Dollars Spent& Develop
Model incl allrevenue sources
Prep are Ad m In.Stra te gy / Draft H ou sing Com pone nt
Prepare & Attend RDA Comm Mtgs(2)
Review Draft Plan wlstaff-Revised & Finalize Plan
S ta ff R epo rtlR eso lution IP ublic H ea ring Notice
Pre are & Attend Public Hearin
SUBTOTAL
Ex enses nollo exceed
OTAl
S 195
$ 160
$ 140
$ 110
S 100
$ 90
$ 70
$ 60
Cost plus 10%
~ ~ ~Ib
dQ rP 0 (,,'1>
(;/$' 'I> ",Ib~~o/''I> .,.",,,,0
195 160 140
26%
16
8
8
2
8
4
12
0.5
6
64.50
8
12
4
0.5
6
68,50
133
14%
4
2
2
2
12
4
4
1
4
35.00
16
8
8
2
4
4
4
2
4
4
8
4
4
1
4
39,00
74
20
33%
6
16
16
12
20
8
8
1
4
93,00
8
4
16
4
12
12
8
8
1
4
77 ,00
170
2
12
8
8
4
2
2
2
o
40,00
2
8
8
4
2
2
o
o
o
26,00
1
8
4
8
4
o
2
2
2
o
31,00
o
o
o
16
o
33,00
71
1
1
o
0.5
05
3.00
1
8
4
o
4
59
/
100%
$5,300,00
$6.24000
$5,800,00
$3,670.00
$6,990,00
$3,030.00
$4,320.00
$652,50
$2,405.00
$38407.50
$5,090.00
$4,440.00
$5,280.00
$2,150.00
$3,940,00
1
o
0.5
0.5
0.5
2,50
$4,590,00
$4,32000
$2,795,00
$2,252,50
$2,405,00
$37,262.50
$250.00
5.5
$75920.00
CDC/2009-14
.
RSG docs not charge clients for mileage (except direct costs related to blight field surveys),
parking, standard telephone/fax expenses, general postage or incidental copies. However, we
do charge for messenger services, overnight shipping/express mail costs and teleconferencing
services. We also charge for copies of reports, documents, notices, and support material in
excess of five (5) copies. These costs arc charged back at the actual expense plus a 10%
surcharge.
RSG issues monthly invoices payable upon receipt. unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended and the hourly rate.
21
.
CDC/2009-14
.
EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of CaI ifomia and that maintain during the tcnu
of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most
current edition of "Bests Insurance Guide," as follows:
(I) ComDrchcnsive General Liabilitv Insurance. The Contractor shall
maintain comprehensive general liability insurance of not less than One
Million Dollars ($ LOOO,OOO.OO) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its subcontractors
shall maintain comprehensive automobile liability insurance of not less
than One Hundred Thousand Dollars ($100,000.00) combined single limit
per occurrence for each vehicle leased or owned by the Consultant or its
subcontractors and used in performing work under this Agreement.
(3) Worker's Comoensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in
accordance with Califomia workers' compensation laws for all workers
under the Consultant's and/or subcontractor's employment performing
work under this Agreement.
(4) Errors and OmlSSlOns Coverae:e. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the
Consultant in perfomling the Scope of Services of this Agreement in an
amount of not less than One Million Dollars ($1,000,000.00).
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, copies of policies or
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 as an 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.
22