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HomeMy WebLinkAbout09- Community Developmenti D B V 6 L O P M E N T D E P A R T M E A T OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: KENNETH J. HENDERSON Subject: AGREEMENT FOR Executive Director PROFESSIONAL SERVICES - ARDEN- GUTHRIE FOCUS Date: January 5, 1993 NEIGHBORHOOD ------------------------------------------------------------------------------- Synoysis of Previous Commission/Council/Committee Action(s): None ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) M9OTION: That the Community Development Commission approve an Agreement for Professional Services between Frank De Vries and the Redevelopment Agency of the City of San Bernardino to perform assorted Consultant Services in conjunction with improvement activities within the Arden-Guthrie Focus Neighborhood. Administrator KENNETH J. HE1 ERSON Executive Director ------------------------------------------------------------------------------ Contact Person(s): Kenneth J. Henderson/David R Edgar Phone: 5081 Project Area(s): All _ Ward(s): 1-7 Supporting Data Attached: _Agreement for Frafessional Services FUNDING REQUIREMENTS: Amount: $_45,000 Source: Low/Mod Housing Fund Budget Authority: Requested ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------ KJH:DRE:paw:0179c COMMISSION MEETING AGENDA Meeting Date: 1/11/1993 Agenda Item Number: �_ DEVOr . O PMENT DEPARTMfl"�T OF THE CITY OF SAN BERNA.RDINO STAFF REPORT -------------------------------------------------------------------------------- AGREEMENT FOR PROFESSIONAL SERVICES For the past six (6) months the Development Department of the Economic Development Agency (EDA) has utilized the services of Frank De Vries, Rehabilitation Specialist/Project Coordinator, to perform a wide variety of tasks both within the Arden-Guthrie Focus Neighborhood and pertaining to selected multi-family investor properties located throughout the City of San Bernardino. These services were to be provided on an interim basis, covering a six (6) month period of time ending on December 31, 1992. Intensified neighborhood improvement activity within the Arden-Guthrie Focus Neighborhood, and in conjunction with the Neighborhood Spirit Program has, however, clearly illustrated the tremendous necessity to continue utilization of these interim professional services. For this reason, staff is recommending that Frank De Vries be further retained by the Agency to continue with the rehabilitation coordination efforts initiated over the past several months. Ongoing professional services to be performed would include, but not be limited to, the following: • Preparation of detailed work write-ups and cost estimates in conjunction with multi-family rental rehabilitation projects. • Provide data collection assistance necessary in conjunction with preparation of a Comprehensive Neighborhood Revitalization Strategy for the Arden-Guthrie Neighborhood. • Perform property inspections of apartment units as various rehabilitation/improvement activity is completed. If adopted, the Revitalization Strategy for the Arden-Guthrie Neighborhood could involve immediate rehabilitation of approximately 25% of the neighborhood (forty-five (45) buildings and one hundred eighty (180) units) within the Arden-Guthrie Focus Neighborhood. In addition, through the Neighborhood Spirit Program, requests for multi-family rental Rehabilitation program assistance have increased substantially on properties located throughout the City of San Bernardino. Continuation of these professional services will ensure that the Agency is able to implement a Comprehensive Neighborhood Revitalization Strategy for the Arden-Guthrie Focus Neighborhood, and is able to expeditiously respond to requests for Rental Rehabilitation Program Assistance generated through the Neighborhood Spirit Program. ------------------------------------------------------------------------------- KJH:DRE:paw:0179c COMMISSION MEETING AGENDA Meeting Date: 1/11/1993 Agenda Item Number: �_ DEVELOPMENT DEPARTMENT STAFF REPORT AGREEMENT FOR PROFESSIONAL SERVICES January 5, 1993 Page Number -2- -------------------------------------------------------------------------------- For the heretofore stated reasons, staff recommends adoption of the form motion. - "�MOA KENNETH J. HE RSON, Executive Director Development Dep rtment ------------------------------------------------------------------------------- KJH:DRE:paw:0179c COMMISSION MEETING AGENDA Meeting Date: 1/11/1993 Agenda Item Number: AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. THIS AGREEMENT made and entered into this 11th day of January, 1993, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, ("Agency"), and FRANK C. DE VRIES, ("Consultant"): RECITAL 1. Purpose The purpose of this Agreement is to provide ongoing professional staff support within Arden-Guthrie and other designated Focus Neighborhoods. This support shall include, but not be limited to, preparation and implementation of a Comprehensive Neighborhood Revitalization Strategy, completion of in-depth Work Write-ups on selected properties, and property inspections as requested on a per request basis. Furthermore, Consultant shall facilitate and coordinate rehabilitation/improvement activities of both contractors and property owners within these areas. Utilizing these professional services is critically necessary given current Agency staffing limitations, and the Agency's intent and desire to significantly improve designated Focus Neighborhoods and properties throughout the City of San Bernardino. TERMS AND CONDITIONS 2. Mission Agency hereby retains Consultant in the capacity as Consultant for provision of services described in Attachment I. Consultant hereby accepts such responsibility as described herein. 3. Terms This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of one (1) year unless sooner terminated as provided herein. The Executive Director of Agency or designee is authorized to extend this Agreement for up to one (1) Year and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms and conditions as specified herein. 4. Consultant Responsibilities Upon the request of Agency's Executive Director or designee, Consultant shall complete the work program described in Attachment I. -1- DRE:paw:0177c 5. Replacement of Named Personnel It has been determined that the individual(s) named in this Agreement is (are) necessary for the successful performance of this Agreement. No diversion or replacement of this (these) individual(s) shall be made by Consultant without written consent of Agency, provided that Agency may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If Agency fails to respond to Consultant within ten (10) days of no°ification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. Release of Revs Information No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of Agency's Executive Director or designee. 7. Confidentiality of Reports Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that Agency designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of Agency. 8. Compensation During the term of this Agreement, Agency shall pay Consultant, for each work component the fixed, not to exceed, fee described in Attachment II, the program budget. Said compensation shall be considered full and complete reimbursement for all of Consultant's costs associated with the services provided hereunder. The maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed $_ 45,000 Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by Agency's Executive Director or designee. 9. Right to Audit Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law. -2- DRE:paw:0177c U 10. Audit Exceptions Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying Agency the full amount of li-zbility resulting from such audit exceptions. 1.1. Azen C9 S_pT rt Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to Agency. 12. Independent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Agency or under Agency supervision or control. This Agreement is by and between Consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Consultant. 13. Conflict of Interest Consultant agrees for the term of this agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino or its Economic Development Agency. 14. Successor and Assignment The services as contained herein are to be rendered by 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 Agency. 15. Indemnification Consultant agrees to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees from and against any and 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 Consultant's operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. -3- DRE:paw:0177c 16. Insurance Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Executive Director of Agency or designee within ten (10) days of the effective date of this Agreement. General Liability: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than 1.1,000,000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. 17. 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. 18. Ron-Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 19. Severabilitv In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent Jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, su(h provision shall be deemed valid to the extent of the scope or breadth permitted by law. -4- DRE:paw:0177c 20. 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. 21. 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 Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. Waiver No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 23. Contract Evaluation and Review Theo ongoing ng assessment and monitoring of this Agreement is the responsibility of Agency's Executive Director or designee. 24. Terminatlo- iL This Agreement may be terminated by either party by giving written notice at least fourteen (14) days prior to the effective termination date in the written notice. 25. Notice Notices, herein shall be presented in person or by certified or registered U. S. mail, as follows: To Consultant: Frank C. De Vries 22428 Mountain View Road Moreno Valley, CA 92557 -5- DRE:paw:0177c To Agency: Executive Director, Development Department Economic Development Agency of the City of San Bernardino 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 26. Entire Agreement This Agreement with attachments constitutes the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Executive Director Approved as to form and legal content: By: Agenc ounsel Approved as to program: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Deputy Director CONSULTANT By: _ Frank C. De Vries -6- DRE:paw:0177c Q r SCOPE OF SERVICES Duties and responsibilities of the Consultant shall include but not be limited to the following: 1) Provide assistance and staff support to the City's Inter-Departmental Neighborhood Improvement team. 2) Provide data collection assistance necessary in conjunction with preparation of a Comprehensive Neighborhood Revitalization Strategy for the Arden-Guthrie Neighborhood. 3) Prepare detailed Work Write-ups and cost estimates on multi-family investor properties (apartments) located within selected Focus Neighborhoods. 4) Perform property inspections of apartment units as various rehabilitation/improvement activity is completed. 5) Assist property owners with coordination of building contractors necessary to perform required property improvements. DRE:paw:0178c 0 ATTACHMENT II COMPENSATION * Professional Services shall be compensation at the established hourly rate of $20.00. * Consultant shall submit a request for payment" to the Agency on a bi-monthly basis (15th and last day of each month). • Consultant shall be compensated at the rate of no more than forty-five (45) hours per week, or one hundred eighty (180) hours per month. • Compensation provided to Consultant in excess of forty (40) hours per week, or one hundred sixty (160) hours per month must be approved in writing prior to ensuing, and shall be at the sole discretion of the Agency's Executive Director. * Total compensation to Consultant shall not exceed $3,600 per month, or $45,000 during the 1993 calendar year. * This Agreement is extendable for a one (1) year period, at the sole discretion of the Agency's Executive Director. DRE:paw:0178-2 DEVEI OPMENT DEPARTMENT OF . _E CITY OF SAN BERNARDINO MEMORANDUM ------------------------------------------------------------------------------------------------------------------------ TO: Chairman Holcomb and Members of the Community Development Commission FROM: Kenneth J. Henderson Executive Director SUBJECT. COMPREHENSIVE REVITALIZATION STRATEGY ARDEN-GUTHRIE FOCUS NEIGHBORHOOD DATE: January 11, 1993 COPIES: Administrator - EDA; Executive Director; Housing Division Manager; File -------------------------------------------------------------------------------------------------------------------- This memorandum is related to item #9 on the January 11, 1993 Community Development Commission agenda. The Housing Division has been actively preparing a Comprehensive Revitalization Strategy for the Arden-Guthrie Focus Neighborhood. Once completed and adopted the City's ongoing commitment to implementation and management of the strategy will directly determine how successful improvement efforts are within this Neighborhood. The major components of this strategy include the following: * Development of a "Neighborhood Park". A vacant parcel of land is currently available for acquisition. Once acquired, the site would be developed as a neighborhood park, which would include a "tot lot" and a community building. This facility would be ideally suited for use by Social Service providers (ie., health care, Emmerton School, County library, Police Department, etc), interested in providing ongoing programs and activities within the area. * Provide a multi-use facility for health care services, and for establishment of on-site "Project Managers". The Agency would acquire (with Commission approval) an available building (four (4) units)for conversion and retrofitting to a multi-use facility. ------------------------------------ DRE.paw:dmem035 i COMPREHENSIVE REVJ`4LIZATION STRATEGY ARDEN-GUTHRIE FOC- NEIGHBORHOOD January 8, 1992 Page - 2 - This facility would be occupied by the designated Project Managers and the County of San Bernardino Health Care Professionals, both of whom will be servicing local residents * Cul-de-sac Newcomb, Mckinley and Dumbarton Streets The City would cul-de-sac, and establish open-space (Greenbelt) areas on these neighborhood streets. This action eliminates vehicular traffic through these blocks, and redirects traffic onto Arden and Guthrie streets, thereby creating a safer area for pedestrians (children), and an enhanced sense of security.. * Assist a non-profit organization with the rehabilitation of twenty-four (24) buildings within the neighborhood Once the designated non profit has been established, the Agency will be involved with preparing work write-ups, cost estimates, and property inspections of these ninety-six (96) units. * Assist other property owners interested in rehabilitatinglimproving their apartment units. The Agency currently has requests for assistance involving over twenty (20) additional buildings consisting of eighty (80) units. These requests, if assisted, would also involve development of work write-ups, cost estimates and inspections. * Utilize the Los Padrinos Neighborhood Program to provide ongoing graffiti removal and clean-up activity throughout the neighborhood This program will provide extensive graffiti removal and neighborhood clean-up activities on both an "as needed" on 'pro-active" basis. Establish on-site "Project Managers"for the neighborhood Designate individuals to operate as "Project Managers'for the Agency within this Focus Neighborhood. These individuals would coordinate any and all project activities and programs occurring within the area, and will provide open communication to the Agency regarding events occurring within the area. -------- DRE:paw:dmem03S Aak COMPREHENSIVE REY, ALIZATION STRATEGY ARDEN-GUTHRIE FOCUS NEIGHBORHOOD January 8, 1992 Page - 3 - * Police Community Services Office The four Alex staff hopes to acquire will serve will serve as the point of operation for Agency-designated project managers, the County Department of Public Health Neighborhood watch and Emmerton School. Also, the building could serve as an office to coordinate Police Department CSO activities now originating out of a nearby shopping center. * Code Enforcement It is anticipated there will be a uniform, consistent and vigorous code enforcement program to ensure that those property not participating in the program will maintain their properties in an appropriate manner and take all necessary steps to ensure appropriate tenant screening. The Arden Guthrie Revitalization Strategy identifies important components necessary in the City's effort to improve the Arden-Guthrie Focus Neighborhood. Securing the services of both Frank De Vries and the designated Project Managers, however, is also critically important if the level of activity being proposed is to be successfully implemented. KENNETH . HE 7DERSON, Executive Director Administrator Development Depa nt ------------ DRE.-paw:dmem035 ----�__�___________�_____