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HomeMy WebLinkAboutR30-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGINAL FROM: Maggie Pacheco Executive Director SUBJECT: Professional Services Agreement California Property Speeialists, Inc. (Central City North Redevelopment Project Area - Downtown Acqnisitions) DATE: November 14, 2006 Svnoosis of PreviODS Commission/CounciVCommittee Action(s): On November 9, 2006, Redevelopment Committee Members Estrada, Baxter and Johnson unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Community Develooment Commission) 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) Contact Person(s): Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) D Letters FUNDING REQUIREMENTS SIGNATURE: CUJ $ 64,400 Source: LowlMod Housing Bond Proceeds Commission/Counell Notes: k~o t?./) (7 / 02/J1? ~ - 5" ~ f P:\Agendas\Comm Dev Cornmisliion\CDC 2006\11-20-06 CPSl- Downtown Reb:ation SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/2012006 Agenda Item Number: K. 3 D ECONOMIC DEVELOPMENT AGENCY e STAFF REPORT PROFESSIONAL SERVICES AGREEMENT - CALIFORNIA PROPERTY SPECIALISTS, INC. (CENTRAL CITY NORm REDEVELOPMENT PROJECT AREA - DOWNTOWN ACQUISmONS) BACKGROUND: On February 7, 2005 and again on April 4, 2005, the Community Development Commission ("Commission") authorized Staff to send Owner Participation Rights Notices ("OPR Notices") to certain property owners within the boundaries of "P' Strejlt, 4th Street, 5th Street and 1-215 Freeway ("Study Area") within the Central City North Redevelopment Project Area ("Project Area"). The purpose of sending the OPR Notices was to determine the level of interest that the property owners had in participating with the Agency in redeveloping the Study Area. (See attached Map of Study Area). Some of the property owners within the Study Area responded that they were interested in selling their property to the Agency. As a result, the Commission authorized Staff to make offers and to enter into negotiations to acquire the parcels within the Study Area. To date, successful negotiations have resulted in the acquisition of nine (9) parcels from four (4) different property owners. Currently, the Agency is in escrow to purchase the Royal Motel located at 755 West 5th Street. The Royal ... Motel has forty (40) rooms. The Agency is also in the process of acquiring two (2) other properties - through condemnation. The fIrst of these properties is the Paradise Motel, which is located at 795 West 5th Street. The Paradise Motel has fIfty-two (52) rooms. The second property is 495 North ..a" Street, which has two (2) businesses. The fIrst business is a Coin Laundry and the second is the $.98 & Up' Convenience Store. CURRENT ISSUE: Staff has determined that there are eight (8) "permanent" residents at the Royal Motel and it is estimated that there are approximately ten (10) "permanent" residents at the Paradise Motel. A permanent resident is defmed as a person who has resided at the same location for at least ninety (90) days. Between the two (2) motels, there are approximately eighteen (18) permanent resident occupied rooms that will need to be relocated once the Agency has acquired title to the motels. California Redevelopment Law ("CRL") requires that prior to displacement of any resident that a Relocation Plan be prepared in order to assess the relocation and housing needs of displaced residents. Further, the CRL states that the Agency shall provide relocation assistance and certain benefIts to those residents that will be displaced because of the Agency's redevelopment activities. It is expected that it will take approximately sixty (60) days for the Relocation Consultant to prepare the Relocation Plan. While the Relocation Consultant is working with the displaced residents, Agency Staff, working in concert with the on-site property manager, will be responsible for ensuring the proper management and maintenance of the motels. The motels will be able to continue to operate until the Agency has been able to relocate all permanent residents. ... Additionally, the Relocation Consultant will work to relocate the three (3) businesses (Paradise Motel, _ Coin Laundry and the .98" & Up Convenience Store). . P;\AgeDdas\Co1llln Dew Commissioa\CDC 2006\11.2O-{I6 (]ISI . Downcowa Relocation SR.doc COMMISSION MEETING AGENDA Meeting Date: IlI2OI2OO6 Agenda Item Number: Economic Development Agency Staff Report CPSI - Professional Services Agreement Page 2 e Therefore, in accordance with the Agency's procurement procedures, Agency Staff sent Request for Proposals ("RFP") to three (3) firms (Universal Field Services, Inc., California Property Specialists, Inc., ("cpsr' or "Consultant") and Paragon Partners, Inc.) that specialize in relocation services. Each firm submitted a proposal and the results are as follows: Universal Field Services, Inc. Paragon Partners, Inc. CPSI Relocation Plan $6,600 $5,000 $5,500 Relocation Services $64,500 $61,800 $58,900 Total $71,100 $66,800 $64,400 All the firms have years of experience in relocation plan preparation and relocation services. After reviewing each proposal for thoroughness, CPSI was chosen on the basis of cost and expertise. CPSI consulting representatives have worked with the Agency on current and past relocation projects and have provided quality services for the Agency. Those current relocation projects include 6'" & "0" Streets (AGA, LLC In-Fill Housing Project), 49'" Street (Telacu In-Fill Housing Project) and the Meadowbrook Housing Project on 2nd Street and Sierra Way. ENVIRONMENTAL IMPACT: None. e "SCAL IMPACT: The costs for the relocation plan and relocation services of $64,400 will be paid from the Agency's Low and Moderate Bond Proceeds.. In addition to these costs, the relocation benefits and payments to be paid to displacees (residents and businesses) is estimated to be $486,000 and will also be paid from the Agency's Low and Moderate Bond Proceeds. (Note: Should the Agency not acquire all of the properties referenced in the Agreement there will be a proportional adjustment to the total amount owing to the Consultant thereby decreasing the Agency's costs. Refer to Section 5 of the Agreement) RECOMMENDATION: ev opment Commission adopt the attached Resolution. e P:\AceDdas\Coow Dcv Commission\CDC 2006\II.2().()6 asI - Downtown RelocaUon SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/2012OO6 Agenda Item Number: e ~$ , a: .... ~~ . ::t: , . f-, J to) I~ SIXTH @ (';'I - ~ @ 7 . ' g, ''-'' ,- '34~ it) 14) 26 ~ ~ 21 20 @ v,r: '14 -1'0 t'-" 241 P ,te SPRUCE STREI;T AFTH -@ '"......._- -,-. '. , FOURTH ./ f \W U ,-,-, , - ,- ~. I - sm~ei @ 5 0 1~ ' @). , t; w q: .' t; , @ @ -@ '1- w ,.W a: I- '(I,) I~i" STREET @ . C!'- . .@)' @. @ (!?HiY @ @ ". @ @ . .. . - STREET . . . , u.. , . ., ; I .- . 1 2 3 4 5 6 RESOLUTION NO. 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) 7 8 WHEREAS, on April 3, 2006, the Community Development Commission (the "Commission") authorized the Redevelopment Agency of the City of San Bernardino (the 9 "Agency") to acquire one (I) parcel located at 755 West 5th Street (APN: 0134-093-40) (the "Royal 10 11 12 13 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 (1) parcel, through condemnation, located at 495 North "G" Street (APN: 0134-101-28) (the "Allied Property") within the Project .14 Area; and 15 .27 28 16 WHEREAS, on October 16, 2006, the Commission adopted Resolution No. CDC/2006-45 17 authorizing the Agency to proceed with the acquisition of one (1) parcel, through condemnation, located at 795 West 5th Street (APN: 0134-093~41) (the "Paradise Motel") within the Project Area; and 18 19 20 21 22 23 24 WHEREAS, the permanent residents of the motels and the three (3) businesses (Paradise Motel, Coin Laundry and the .98t & 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; 25 and 26 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 I P:\Agendas\Resolulions\Rnokuions\2006\11_20-06 epsI. Dowmown Relocalion CDC Resodoe _1 e14 15 -l , 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 Executive Director of the Agency to execute the Agreement on behalf of the Agency together with such technical and conforming changes as may be recommended by the Executive Director of the 16 Agency and approved by the Agency Counsel. The Resolution shall become effective immediately upon its adoption. 17 Section 2. 18 //1 19 III 20 //1 21 //1 22 1// 23 //1 24 1// 25 //1 26 //1 _27 //1 28 2 P:\Agcndas\Rcsolulions\ResolutionsIJ006\11_20-06 CPSI- DownlOwn Reloealion CDC Re&o.do(: e: 3 4 5 6 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 meeting 8 thereof, held on the day of , 2006, by the following vote to wit: 9 Commission Members: Aves Navs Abstain Absent 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY e 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 Secretary day of ,2006. 20 The foregoing resolution is hereby approved this 21 22 23 24 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to Form: 25 26 By: _.27 28 /~IJ~ 3 P:\Agendas\Resolutions\Resolulions\2006\11-20-06 CPSI. Downtown Relocation CDC ResodGc e EXHIBIT "A" e e e e e 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 .98t & 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 .98t & Up Convenience Store) will need to be permanently relocated to allow for future development within the Project Area; and 'f 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 I P:\Agcndu\AgeQda Altaduncnu\Agrml~AInaId 2006\11-2().{l6 aSI- DoMllOwn Relocatioa ServiecI ~.doc . . . 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. CONSULT ANT 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:~ Attal:hments\Agrmts-Arnend 2006\11-20-06 CPSI- Downlown RebQ(Qn SeMees AgreemeDt.doc e e e 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:\Agmd.,\Agenda Attachmenl$\Agrmts-Amend 2006\11-20-06 CPSI- Downtown ReloWion Savica ~.doe e e e 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 of the Agency shall be considered as "legal fees" for the purpose of this Section. 12. INSURANCE. The Consultant shall maintain insurance policies issued by an insurance company or companie: authorized to do business in the State of California and must maintain during the term of the polic} a "General Policyholder's Rating" of at least A(v), as set forth in the then most current edition of "Best's Insurance Guide," as follows: Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for all vehicles leased or owned by the Consultant or its subcontractors and used in completing the work required under this Agreement. Comorehensive General Liabilitv and Automobile Insurance. The Consultant shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Worker's Comoensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. .'. tY- f f' ;..;! " ,. ': 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, attorneys, representatives and agents as additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. h 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:\ASeMu\Ajenda Attrrdlments\Agl'mts-Amend 2006\11-20-06 CPSI. Downcown Rekleation Savices Agrecmml_doe e 14. SEVERABILITY. In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair, or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 15. INTERPRETATION. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as ifit 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. e No breach of any provision hereof can be waived unless in writing. Waiver of anyone (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 EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Executive Director of the Agency or hislher 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: e. California Property Specialists, Inc. Attn.: Kent Jorgensen 600 West Santa Ana Boulevard, Suite 115 Santa Ana, California 92701 Phone: (714) 550-4628 Fax: (714) 200-0809 5 P:\Agendas'lA8enda Attac::hmcnts\AanntS.Amend 2006\11-20-06 CPSt- OoWlKOwn Relocllion ~ Apeemalt.doc To Consultant: . . e To Agency: Redevelopment Agency of the City of San Bernardino Attn.: Maggie Pacheco, Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909) 663-2294 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 21. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code together with any and all other licenses, permits, qualifications, insurance and approvals 0: 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:\AgendIS\ApdI Attac:hmtnu~u-.Amelld 2006\11-20.06 CPSI. DowrlfOwn Rdoealion SeMees Aareemem.doc . . . 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: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: By: C~J1= Agency Cou I CONSULTANT Date: California Property Specialists, Inc. 7 P:\Agcndu\Aa:eoda~Alnend2006\11-20-06CPSI.DownCownRelocatioaSeMcel ~.doe . e e EXHIBIT" A" SCOPE OF SERVICES 1. Preoaration of Relocation Plan for Residents residine: at 755 & 795 West Sib 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 Development 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 (120) days from the date this Agreement is approved. 2. Relocation Assistance Proe:ram Imolementation (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: 1. 2. Begin relocation assistance within a reasonable time after the first offer has been made. 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. I P:\Agendas\Agcmb Attachmelll$\AgrmtJ..Amend 2006\11-2<1-06 aSI. Oownlown Rdoation S<<vica Agroetncm.doc . 3. tit e 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. 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.) Present alternatives and solutions for areas of concern which are readily resolvable. Write down questions and concerns to discuss with an Agency representative. Schedule subsequent appointments with displacee to respond to all issues and provide assistance. 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. 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. 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. 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. 4. 5. 6. 7. 8. 9. 10. 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. . 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:\AIawS.\Aaenda Attaduneab\Agnnu-Amend 2006\11-20-06 CPSI. Downtown Relocation Sct\'ioes A~t.doc IS. . 16. 17. Conduct decent, safe and sanitary inspection of replacement dwelling. Gather and evaluate supporting data for calculation of replacement housing payment, increased mortgage, incidental expenses, and moving benefit, as appropriate. Provide guidance to the displacee in the selection of a moving option. Review in detail the moving options, ,i.e., 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. 18. 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. e 3. Relocation Assistance (3 businesses) I. 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 employe,es 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. 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. Review and approve the compilation of a certified personal property inventory. Interview the displacee again to identify in detail displacee's needs, desires, and issues. Work 4. 5. 6. 3 P:\Agendas\Agenda Altachmerlls\Agnnu-Amcnd 2006\11.2(}.()6 CPSI. Downtown ReJoa,tion Servicu Agrccmcnl.doc 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. 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. 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.) 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. Determine eligibility for actual reasonable search expenses and collect appropriate documentation to support any claim submitted. Determine eligibility for In-Lieu business payment utilizing IRS tax returns and/or certified financial statements (different criteria for non-profit businesses). 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 P:\Agendas\Agenda Attachments\AJnnU-Amend 2006\11.20-06 CPSI- DownlOwn ReJoc.licm SeMces ~.dGc . e e. _.~ with displacee and an Agency representative on solving identified problems. Summarize all interviews, contacts and contact attempts in diary for official record. 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. 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 anQ 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. 7. 8. 9. 11. 12. 13. 14. 15. 16. 17. e e e 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. Ifrequested, 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:\Aaeav1u\AJenda Anlchmenu\Agnnts..Atnend 2006\11-20-06 CPSI- DoWlllown Relocation Saviea Agreemenldoe