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HomeMy WebLinkAboutCDC/2006-53 .1 1 2 3 4 5 6 7 RESOLUTION NO. CDC/2006-53 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC., FOR RELOCATION SERVICES (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA - DOWNTOWN ACQUISITIONS) 8 WHEREAS, on April 3, 2006, the Community Development Commission (the "Commission") authorized the Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire one (I) parcel located at 755 West 5th Street (APN: 0134-093-40) (the "Royal 9 10 11 12 Motel") within the Central City North Redevelopment Project Area (the "Project Area"); and WHEREAS, on July 10, 2006, the Commission adopted Resolution No. CDC/2006-26 authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, 13 located at 495 North "0" Street (APN: 0134-101-28) (the "Allied Property") within the Project 14 15 16 Area; and WHEREAS, on October 16, 2006, the Commission adopted Resolution No. CDC/2006-45 17 authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, located at 795 West 5th Street (APN: 0134-093-41) (the "Paradise Motel") within the Project Area; 18 and 19 20 WHEREAS, the permanent residents of the motels and the three (3) businesses (Paradise Motel, Coin Laundry and the .98' & Up Convenience Store) will need to be permanently relocated 21 22 to allow for future development within the Project Area; and WHEREAS, the California Redevelopment Law (the "CRL") reqUlres that prIor to 23 24 displacement of any resident, a Relocation Plan be prepared in order to assess the relocation and housing needs of each resident and to quantify relocation benefits in accordance with State Law; 25 and 26 27 WHEREAS, the Agency is required to assist and provide relocation servICes for the Code Section 7620; and I I' \AgendasIRe,olulion,\Resolu,io",\2006\11-20-06 CPSI - Downtown ReI",a,;"" ,DC Re,,,.ooc CDC/2006-53 1 WHEREAS, California Property Specialists, Inc. (the "CPSI" or "Consultant") has 2 numerous years of experience and expertise in all areas of relocation services and relocation plan 3 preparation in accordance with the Uniform Relocation and Real Property Acquisition Policies and 4 the State of California Housing and Community Development Guidelines (California Code of 5 Regulations, Title 25) and the Agency wishes to engage the services of CPSI to carry out the 6 Agency's relocation responsibilities pursuant to the terms in the Professional Services Agreement 7 (the "Agreement") attached hereto and incorporated by herein reference. 8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 9 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 10 FOLLOWS: 11 Section 1. The Commission hereby approves the Agreement by and between the 12 Agency and CPSI in the form as attached hereto as Exhibit "A" and as presented to the 13 Commission upon adoption of this Resolution, and the Commission hereby authorizes the 14 Executive Director of the Agency to execute the Agreement on behalf of the Agency together with 15 such technical and conforming changes as may be recommended by the Executive Director of the 16 Agency and approved by the Agency Counsel. 17 Section 2. 18 /11 19 /11 20 11/ 21 /11 22 /11 23 11/ 24 /11 25 /11 26 11/ 27 11/ 28 The Resolution shall become effective immediately upon its adoption. 2 P.\Agenda,IRe,oIUl;ons\Resolut;ons\2{)()6\11-20-06 CPSI - Downtown Relucali"n CDC Reso.doc . 1 2 3 4 5 6 CDC/2006-53 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA PROPERTY SPECIALISTS, INC., FOR RELOCATION SERVICES (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA - DOWNTOWN ACQUISITIONS) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a i oint regular meeting 8 thereof, held on the 20th day of November ,2006, by the following vote to wit: 9 Commission Members: 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 Aves Navs Abstain Absent x x x x x --'L / ( Secretary 20 The foregoing resolution is hereby approved this 21st day of November .2006. 21 22 23 24 Approved as to Form: 25 26 By: 27 28 ~ Agency u el o J P:\AgendJ>\Resolutiolls\Re'oIUlion,\2006\11-20-06CI'SI-[)ownlOwn RdocatiooCDC Re,odoc CDC/2006-53 CALIFORNIA PROPERTY SPECIALISTS, INC. PROFESSIONAL SERVICES AGREEMENT Relocation Plan and Relocation Services Central City North Redevelopment Project Area (Downtown Acquisitions) This PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into as of November 20, 2006, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a public body, corporate and politic and CALIFORNIA PROPERTY SPECIALISTS, INC., a California corporation (the "Consultant"). RECITALS WHEREAS, on April 3, 2006, the Community Development Commission (the "Commission") authorized the Agency to acquire one (I) parcel located at 755 West 5th Street (APN: 0134-093-40) (the "Royal Motel") within the Central City North Redevelopment Project Area (the "Project Area"); and WHEREAS, the Royal Motel has forty (40) rooms of which eight (8) are occupied by permanent residents; and WHEREAS, on July 10, 2006, the Commission adopted Resolution No. CDC/2006-26 authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, located at 495 North "G" Street (APN: 0134-101-28) (the "Allied Property") within the Project Area; and WHEREAS, there are two (2) businesses located on the Allied Property (the .98' & Up Convenience Store and Coin Laundry); and WHEREAS, on October 16, 2006, the Commission adopted Resolution No. CDC/2006-45 authorizing the Agency to proceed with the acquisition of one (I) parcel, through condemnation, located at 795 West 5th Street (APN: 0134-093-41) (the "Paradise Motel") within the Project Area; and WHEREAS, the Paradise Motel has fifty-two (52) rooms of which it is estimated that approximately ten (10) are occupied by permanent residents; and WHEREAS, the permanent residents of the motels and the three (3) businesses (Paradise Motel, Coin Laundry and the .98' & Up Convenience Store) will need to be permanently relocated to allow for future development within the Project Area; and WHEREAS, the California Redevelopment Law (the "CRL") requires that prior to displacement of any resident, a Relocation Plan be prepared in order to assess the relocation and housing needs of each resident and to quantify relocation benefits in accordance with State Law; and WHEREAS, the Agency is required to assist and provide relocation services for the businesses that are displaced as a result of redevelopment activities per California Government Code Section 7620; and P:l.AgendaslAgeoda AnachmentslAgnnts-Amend 2006\11.20-06 CPSI- DOWlltown Relocat>oo Services Agrecmem,doc CDC/2006-53 WHEREAS, the Consultant has numerous years of experience and expertise in all areas of relocation services and relocation plan preparation in accordance with the Uniform Relocation and Real Property Acquisition Policies and the State of California Housing and Community Development Guidelines (California Code of Regulations, Title 25) and the Agency wishes to engage the services of the Consultant to carry out the Agency's relocation responsibilities pursuant to the terms in the Professional Services Agreement (the "Agreement") attached hereto and incorporated by herein reference. NOW, THEREFORE, in consideration of mutual covenants set forth herein and the mutual benefits to be derived therefrom, the parties agree to enter into the Agreement as follows: 1. TERM. This Agreement shall commence as of the day and year first written above and shall remain in full force and effect for a period of twelve (12) months. However, the Executive Director of the Agency or his/her designee may extend the term of the Agreement for a period of ninety (90) days should unique circumstances occur beyond the control of the Consultant. 2. 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 for the duration of this Agreement: Consultant: Georgia Marquis 3. AGENCY RESPONSIBILITIES. The Agency shall provide the Consultant with any documentation, records, reports. statistics or other data or information pertinent to the Scope of Services, which are reasonably available to the Agency, and necessary to complete assignments. 4. CONFIDENTIALITY OF REPORTS. The Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Executive Director of the Agency or his/her designee. 5. COMPENSATION. The maximum compensation for all Consultant's services, including Consultant's costs, expenses and travel time or travel expenses, shall not exceed Sixty Four Thousand Four Hundred Dollars ($64,400). This amount includes Five Thousand Five Hundred Dollars ($5,500) for the preparation and delivery of the final draft Relocation Plan and Fifty Eight Thousand Nine Hundred Dollars ($58,900) for Relocation Services related to the twenty-one (21) displaces noted in the Recitals of this Agreement. During the term of this Agreement, the Agency shall pay the Consultant on a monthly basis upon receipt of an itemized invoice from the Consultant. Said compensation shall be 2 P:\Agend",\Agenda Allachments\Agrm[,.Amend 2006\11_20-06 CPSl_ no"""lown Relocation Services Agreemenl.doc CDC/2006-53 considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. However, the total compensation of this Agreement shall be adjusted downward should (i) the Agency not acquire title to the properties referenced in this Agreement or (ii) there are a lesser number of individuals or businesses to be relocated in accordance with the Consultant's budget as referenced in the Consultant's proposal dated October 25, 2006. (For example: $2,550 per each resident; $4,000 for a Motel Business Owner and $4,500 for 2 Businesses) 6. USE OF FUNDS. The funds paid to the Consultant shall be used solely for the purpose as set forth in this Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. 7. NONDISCRIMINATION; MONITORING AND REPORTING WORK PERFORMANCE. The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. At the request of the Executive Director of the Agency, or his/her designee, the Consultant shall provide reports, graphics, or other work products. Failure to provide such work products may prevent payment of the Consultant's requests for compensation, and may justify the temporary withholding as provided herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the Executive Director of the Agency or his/her designee that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the Agency. 8. CONFLICT OF INTEREST. The Consultant shall maintain a code or standard of conduct. The Consultant shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the Consultant. 9. INDEPENDENT CONTRACTOR. The Consultant shall perform each element of the work set forth in the Scope of Services as an independent contractor and shall not be considered an employee of the Agency. This Agreement is by and between the Consultant and the Agency, and is not intended, and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the Agency and the Consultant. 10. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the Agency. 3 P:\AgendaslAgenda AltachmenlslAgrmts-Amend 2006\11-20-06 CPS]- Downtown Relocation Services Agreemenl.doc CDC/2006-53 11. INDEMNIFICATION. The Consultant agrees to indemnify, defend and save harmless the Agency and the City of San Bernardino (the "City"), its agents, officers and employees from and against all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with the Consultant's operations, or its services hereunder, including workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of the Consultant pursuant to this Agreement. The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on behalf ofthe 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 l1Best'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. Comprehensive 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 Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency, its officials, officers, employees, attomeys, 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. 4 P:\Agenda,lAgenda Auachmcnt<\Agrmts-Amend 2006\11-20-06 CI'SI- Downtown Relocation Services Agreemenl.doc CDC/2006-53 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 ofthis 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 any one (I) breach of any provision shall not be deemed to be a waiver of any other breach of the same of any other provision hereof. 18. CONTRACT EV ALVA TION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the 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. Attn.: Kent Jorgensen 600 West Santa Ana Boulevard, Suite 115 Santa Ana, California 9270 I Phone: (714) 550-4628 Fax: (714) 200-0809 5 P:\Agendas\Agenda Auachm..us\Agrmts_Amend 2006\11_20_06 CPSI~ Downtown Relocation Service, Agreemenuloc CDC/2006-53 To Agency: Redevelopment Agency of the City of San Bernardino Attn.: Maggie Pacheco, Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 9240 I 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 ofthis 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 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. 1// 1// 1// 1// 1// 1// 1// 1// /1/ /1/ /1/ 1// 6 P:\AgendaslAgenda Attachments\Agrmu-Amend 2006\1 \-20"06 CPS1. Downtown Relocation Services Agreementdoc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Date: Illz1/u&. , ~Z~ Approved as to Form and Legal Content: By: \ / ~.;/(J=L Ag;;"ncy Co se CONSULTANT Date: 11/<-1(0(, I ~;.;. j?~ ,,-y-(',-4.t',_~. 8Y M r~ ~,U,j California Property Spec'ialists, Inc. 7 P.\Agendas\Agenda Atlachments\Agmll,-Amend 2006\11-20-06 CPSJ. Downtown Relocation Smices Agreemenl.doc CDC/2006-53 EXHIBIT "A" SCOPE OF SERVICES 1. Preparation of Relocation Plan for Residents residine: at 755 & 795 West 5th Street ("Site") The Consultant will prepare a Relocation Plan for the estimated eighteen (18) residents residing in the Site in conformance with all requirements of the State of California Housing and Community Developmeut Guidelines (California Code of Regulations, Title 25) and the Federal Uniform Act, if applicable. The Relocation Plan will identifY possible replacement resources and help to determine the costs related to relocating the residences displaced by the Agency from the Site. The Relocation Plan may identify potential challenges and issues associated with the displacements and solutions will be developed to minimize the adverse impacts of displacements. The active steps in the Relocation Plan preparation process include, but are not limited to: 1. Interview an estimated eighteen (18) affected occupants to determine relocation needs. The interview queries household information such as the number, ages and gender of all occupants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 2. Research the marketplace for available replacement locations and/or establish rent schedules and compile all costs related to such relocation activities; and compile available housing replacement sites, and calculate relocation and moving expense costs. 3. Draft Relocation Plan for presentation to the Agency; upon approval by the Agency, make the Relocation Plan available for public inspection, make any needed revisions derived from the public inspection period, and prepare the final Relocation Plan for approval by the Commission. The Consultant shall complete and deliver the draft Relocation Plan within ninety (90) days from the date of this Agreement, and final version of the Relocation Plan to the Agency within one hundred twenty (I20) days from the date this Agreement is approved. 2. Relocation Assistance Proe:ram Implementation (Estimated 18 tenants located at the Site) The Consultant will follow the Uniform Relocation and Real Property Acquisition Policies and the State of California Housing and Community Development Guidelines (California Code of Regulations, Title 25) to implement a controlled relocation assistance program consistent with the law and with the City's goals. The Consultant shall conduct the following activities necessary for the effective relocation of residential occupants: I. 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. P:\Agellda,\Agenda Allachmem.\Agrmls-Amend 2006\11_20.06 CPSI- Downlown Rdocation Servic.. A15,urncnl.doc CDC/2006-53 3. Explanation includes: Explanation of determination of RAP entitlement, moving options, eligible expenses, criteria for replacement housing, decent, safe and sanitary standards, time of payments, ninety (90) day letter, possibility of continuation of current residence beyond ninety (90) days, and appeal procedures. 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 the program and have notices translated into appropriate language.) 5. Present alternatives and solutions for areas of concern which are readily resolvable. Write down questions and concerns to discuss with an Agency representative. 6. Schedule subsequent appointments with displacee to respond to all issues and provide assistance. 7. Collect rental/listing information from the Multiple Listing Service, Internet, Realtors, classified newspaper ads, and field search and analyze it for decent, safe and sanitary comparable dwellings for single- family and multi-family homes. Comparable data will also be collected consisting of available mobile home sites for sale and for rent, as well as mobile homes available for sale and for rent, if applicable. This comparable data would be continually updated throughout the project to assist the displacees. 8. Gather information regarding utility costs of comparable dwellings and the displacement dwelling by contacting customer service representatives of utility companies and/or reviewing owners' average utility expenses (some Cities may have a utility schedule already published). Field review comparable dwellings and select the most comparable by evaluating the properties and the written documentation. Take pictures of comparables and write up comparable data sheets to include in the file. Comparables must be DS&S. 9. Calculate probable entitlement and prepare the RAP Entitlement Letter and other necessary paperwork. Submit to an Agency representative for approval. Upon approval, telephone the displacee to advise that determination is completed, set appointment to deliver entitlement letter. 10. Present the entitlement letter in person. Discuss benefit, moving options and discuss displacee' s needs again. Provide referrals. II. After the entitlement letter is prepared, prepare a ninety (90) day Notice to Vacate (can be hand delivered with RAP Entitlement or sent via certified mail). If mailed, make sure to provide sufficient time for mail delivery. 12. Summarize all interviews and telephone conversations, contacts and attempted contacts in a diary for official record. 13. Proceed with problem resolution as required. Define the problem; generate possible solutions; discuss with an Agency representative; select appropriate resources for solutions, extract and evaluate relevant information from those resources, select most appropriate solution, explain solution to displacee and others, as necessary, and counsel the displacee to follow a logical course of action. 14. If necessary, take displacee to inspect comparable replacement dwelling, or to view other available properties. 15. Determine the monetary affect of the selection of the actual replacement dwelling on the eligibility for payment of relocation allowance. Inform displacee of same. 2 P:\Agendas\Agend. Attachments\Agrrnts-Amend 2006\11.20-06 CPSI- Downtown RdoC31ion Serv"=es Agcee'Mnt.doc CDC/2006-53 16. Conduct decent, safe and sanitary inspection of replacement dwelling. 17. Gather and evaluate supporting data for calculation of replacement housing payment, increased mortgage, incidental expenses, and moving benefit, as appropriate. 18. 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. 19. If a commercial move is selected, obtain estimates from movers and prepare contract. In conjunction with mover, plan move as dictated by circumstances. Oversee and monitor the move to assure only eligible personal items are moved and move is accomplished in a timely manner. 20. If a self-move is selected, monitor to avoid potential problems. 21. Collect supporting documents and submit payments for replacement housing and moving expenses. Coordinate with the Agency regarding obtaining funds/checks and inform the Agency of various situations. 22. Arrange for final walk-through inspection of the property to ensure that all personal property has been removed from the acquired property and to obtain the keys. Turn keys over to the Agency for property management function. Notify the Agency of vacated premises for security purposes. If Agency allows, and items are to be left behind, require displacee to sign an abandonment of personal property prior to final payment of moving expenses. 23. Prepare final claims, complete diaries, prepare certification and close file. 24. Closed files will be copied, maintained, or delivered to the Agency for sponsor and other audit purposes based on the scope of the contract. 3. Relocation Assistance (3 bnsinesses) 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. 4. Review and determine from appraisal report information regarding improvements that have been acquired so as to eliminate them from consideration in determining moving expenses. Determine if a machinery and equipment evaluation appraisal is necessary and advise the Agency. If needed, request that the Agency retain a specialty appraiser. 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 3 P:\AgendaslAgenda AngchmentslAgrrnts.Amer.d 2006\11-2()"()6 epsI- DownlOw~ RelocatiQn Service< Agreernent.doc CDC/2006-53 with displacee and an 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 government sponsored lenders for financial backing as necessary. Verify all data and assure of proper zoning. If a Conditional Use Permit may be required, check with proper department to assure necessary timeframe for process and probability. Preview property and take photo, provide to displacee and place in file. 9. If Commercial Move is selected, obtain at least two (2) acceptable moving estimates based upon the inventory and physical inspection of the property. Compare the bids 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/she wishes to perform the move; Agency will only pay up to the amount of the low bid). Sometimes additional, specialized movers/technicians will need to be utilized to assure all aspects of a move have been considered (specialty movers, waste disposal, tow companies, electricians, computer network companies, F&E dismantlers, etc.). 10. If Self Move is selected, a moving plan should be prepared. The plan should be as simple or as complex as necessary to assure actual costs are incurred and are reasonable. A self move should not cost more than the low commercial bid. II. 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. Inspect the replacement property, obtain cost estimates, discuss the issues with the displacee, verify previous two (2) years expenses and income and project next two (2) years to assess whether increased operating costs will exist. Based upon decisions of displacee and program guidelines, determine eligibility for reimbursement. (Advise displacee of documentation required to support claim.) 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 and collect appropriate documentation to support any claim submitted. 16. Determine eligibility for In-Lieu business payment utilizing IRS tax returns and/or certified financial statements (different criteria 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 and the Consultant will make a recommendation to the Agency. This report or valuation may be used to settle any compensation owed the company not covered by other relocation payments. A good-will 4 PclAget1das\Agenda Atlachment.IAgrmts.Amend 2006\11-20-06 (PSI. Downlown Relocat;on Services Agreement.doc CDC/2006-53 payment must be accompanied by an agreement wherein the business owner waives all other claims to future good-will. 18. Arrange for a final walk-through inspection of the property to ensure that all personal property has been removed from the acquired property, and to obtain the keys. If the Agency allows, and items are to be left behind, require displacee to sign an abandonment of personal property prior to final payment of moving expenses. Turn keys over to the Agency and notifY of vacated premises for security purposes. If requested, contact the appropriate utility, garbage and cable companies for disconnect and removal. 19. Collect final supporting documentation, prepare final claim, prepare certification and close file. 20. Closed files will be copied, maintained, and delivered to the Agency for sponsor and other audit purposes based on the scope of the contract along with a matrix/summary of all relocation activities conducted and completed per this Scope of Work. 21. For the purposes of possible omissions from this Agreement, the Consultants proposal dated October 25, 2006 is hereby incorporated and made part of this Agreement. 5 P,\Agendas\Agenda Allachmenls\Agrmts_A",,,,,d 2006\11_20_06 CPSI- DOWIltown llelocation Services Agreement.doc