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HomeMy WebLinkAboutR31-Economic Development . " ORIGINAL CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Maggie Pacheco Executive Director SUBJECT: ProCessional Services Agreement CaliCornia Property Specialists, Inc. (IVDA Redevelopment Project Area - Arden Guthrie Acquisitions) DATE: November 13,2006 Svnonsis oCPrevious Commission/Council/Committee Action(s): On November 9, 2006, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that the Community Development Commission consider this action Cor approval. Recommended Motion(s): (Communitv Development 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 acquisition and relocation services (lVDA Redevelopment Project Area - Arden Guthrie Acquisitions) Contact Person(s): Maggie Pacheco IVDA Redevelopment Project Area (909) 663-1044 7 Phone: Project Area(s): Ward(s): Supporting Data Attached: Ii! Staff Report Ii! Resolution(s) Ii! Agreement(s)/Contract(s) 0" Map(s) 0 Letter(s) HUD 108 Loan and 20% LowlMod FUNDING REQUIREMENTS: 298,250 Source: Housing Funds Budget Authority: 2006/2007 EDA Budget Ii, ~W-'"' ~j~Th Barbara Lindseth, Admin. Services Director SIGNATURE: Commission/Council Notes: ..e h'i?)' / e^~/,J/'Jn&' 61 P:\AgendaslComm Dev Comrnission\CDC 2006\11-20.06 CPSI. Arden Guthrie Relocation SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/20/2006 Agenda Item Number: 1Z.. 3/ HI ECONOMIC DEVELOPMENT AGENCY . STAFF REPORT PROFESSIONAL SERVICES AGREEMENTS - CALIFORNIA PROPERTY SPECIALISTS, INe. (lVDA REDEVELOPMENT PROJECT AREA - ARDEN GUTHRIE ACQUlSmONS) BACKGROUND: Arden Guthrie has long heen a social problem for the City. Built in the 60's, the project was hailed as a leader in new urban development but unfortunately, over the decades, the development has deteriorated into slum conditions with absentee landlords, poor maintenance and high crime. Several attempts have heen made by the City and the Agency to rectify the problem from rehabilitation programs to acquisition and'demolition projects which has left the City with the current situation where the Agency owns forty- seven (47) vacant lots and one (I) vacant four-plex while the twenty-three (23) remaining privately owned fouc-plexes and two (2) privately owned vacant lots are scattered about the 17 -acre site which is bounded by Highland Avenue to the north, Arden Avenue to the east, Wlh Street to the south and Guthrie Street to the west ("Area") (See Exhibit "A"). In January 2005, the Department of Housing and Urban Development ("HlJD") advised the City that they had approved a $7.5 million Section 108 Loan for the Arden Guthrie Project and on March 29, 2005, former Mayor Valles executed the funding/approval agreement by and between the City and HlJD. . On May 16, 2006, the City received the final HlJD loan documents and on July 24, 2006, the Mayor and Common Council approved the $7.5 million HlJD Contract On September 15, 2006, the fund$ were deposited into the Agency's bank account This $7.5 million can be used, by the City/Agency for property acquisition, demolition, and other planning costs for the Area. CURRENT ISSUE: With the funding now in place, the Agency is keen to proceed with acquiring the remaining four-plexes, relocating the occupants and clearing the' Area for future redevelopment Agency Staff has determined that ' out of the remaining twenty-three (23) four-plexes ("Properties") there are approximately ninety-two (92) households that will have to be relocated once the Agency has acquired title to the Properties. California Redevelopment Law ("CRL") requires that prior to displacement of any resid~t that a, Relocation Plan, be prepared in order to assess the relocation and housing needs of displaced ~ts. Further,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 up to sixty (60) days for the Relocation Consultant to prepare and complete the Relocation Plan. During this time, it is proposed that a professional Acquisition and Relocation Consultant assist Agency Staff with the acquisition of the Properties on behalf of the Agency and the Consultant will simultaneously be working with the displaced residents. Consequently, in accordance with the Agency procurement procedures, Agency Staff sent Request for Proposals ("RFP") to four (4) firms (Universa1 Field Services, Inc. ("Universa1"), California Property Specialists, Inc. ("cpsr' or "Consultant"), Paragon Partners, Inc. ("Paragon") and Shober Consulting, Inc. ("Shober") that specialize in acquisition and relocation services. Each firm submitted a proposal and the results are as follows: e ~..._ . '--De"~2OO6\11-:IO-06CPS1-~0lIcIlrie~SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/lO/2OO6 Agenda Item Number: e Economic Development Agency Staff Report CPSI - Arden Guthrie Professional Services Agreement Page 2 Ac:ouisition Relocation Plan Relocation Services Total Universal $78,000 $7,500 $285,000 $370,500 Pangon $64,400 $11,500 $223,100 $299,000 CPSI $63,250 $9,600 $225,400 $298,250 Shober No Bid $7,500 $202,000 $209,500 All the firms have years of experience in acquisition, relocation plan preparation and relocation services, although, Shober did not bid on the acquisition portion. After reviewing each proposal for thoroughness, CPSL Paragon and Shober were interviewed by Agency Staff on Wednesday, October 25, 2006. Following the interview, CPSI was selected on the basis of cost and expertise having worked with the Agency on current and past relocation projects, including fl1' and "0" Streets (AGA, LLC In-Fill Housing Project), 491b Street (felacu In-Fill Housing Project) and the Meadowbrook Housing Project on 2ad Street and ,Sierra Way. ENVIRONMENTAL IMPACf: None. FISCAL IMPACf: e The costs for relocation services of $235,000 will be paid from the Agency's 20% Low and Moderate Housing Fund ("Housing Fund"). The costs for acquisition services of $63,250 will be paid from the HUD Loan Proceeds. In addition to these costs, the relocation and moving payments to be paid to displacees is estimated to be $2 million, which has been budgeted in the 2006-2007 Agency Housing Fund budget as approved by the Commission. (Note: Any acquisitions negotiated directly by Agency Staff will be proportionally adjusted from 'the total amount owing to the Consultant; thus this is reflected in the Consultant contract). RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pacheco,"Ex e ~DeYeo..aiaio<<'DC' 2006\11.>>G6OS1-Mka 0udIri8 Rdoc:IlioG SR.doc COMMISSION MEKl'lNG AGENDA Meetiug Dale: IlJ2Ol2OO6 Agenda Item Number: . 1- ~ c f- CD - ~ :: "0 _ C ..... "' ~ :E t.l en :i: . onuo^'1f UOpJV ~Il ~ ~iI~~}~~}~U~~}~iJ Idl' 10) I~ M @ I@) ~ I~ !@)- @ ~ I@ ~ leg :~ 18 :8) I@ i:: ~}:; O",,:g g: ;:! ;;; g: ~1i N cn~' N Mas'~ N N ~ ~ ~ r.n~'g i;~, i;~~ ~~~ ( IOOJIS uOIJecw.una ~ ~U ~ ~ ~fi} ~ ~ ~ ~ ~ ~ :r$) @: G'\ ~ @ ~_ &l. l@.!Bl :ffi).!~ I@!~:"@I@ @)I~!~!<.V ~!81(3) ~ r::: s; 1 __li.s ~ ::! ;n ~ CI)"'e;? cnN .... .... 0::. 0:11: ~c: 10 10 0 10 I.U.~ .....~- N N....'!'( M";(-a. tn''''R N N N N U"'JQ::Q. Ncr ....::!~,...' o~ oo~ o N;Z: ....-"'i ~:Q 0-..1 '--- roo", .... = - -I==' ~ laallS Aal ll~~ ~ I :,._ ~... :::. 2: ~ Q; ~ r--~"; OOC)i . ;;!;Q"g IV ~ N~~ ~~~'a ~: N .... ~ N C) CIO o~~-a ~ Q::-I NtJ ..... ~ ~ 0 S ~ S N;Z Fn .~S: - N. 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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 ACQUISITION AND RELOCATION SERVICES (lVDA REDEVELOPMENT PROJECT AREA - ARDEN GUTHRIE ACQUISITIONS) WHEREAS, . the Redevelopment Agency of the City of San Bernardino (the "Agency") owns forty-eight (48) properties located on an approximately 17-acre site bounded by Highland Avenue to the north, Arden Avenue to the east, 20th Street to the south and Guthrie Street to the west, commonly referred to as the Arden Guthrie site (the "Site") which is located in the Inland .Valley Development Agency (IVDA) Redevelopment Project Area (the "Project Area"); and WHEREAS, twenty-five (25) privately owned properties ("Private Properties") containing approximately ninety-two (92) households remain randomly located about the Site; and WHEREAS, on July 24, 2006, the Mayor and Common Council (the "Council") adopted Resolution No. 2006-271 approving a $7.5 million loan contract between the City of San Bernardino (the "City") and the Department of Housing and Urban Development ("HUD") for the purposes of acquiring the remainder of the Private Properties on the Site, relocating the occupants 19 and clearing the Site for future development; and 20 WHEREAS, on July 24, 2006, the Council and Community Development Commission 21 ("Commission") authorized the Mayor and Executive Director to "execute a Loan Cooperation 22 Agreement by and between the City and the Agency in order to make HUD proceeds available to 23 the Agency for acquisition on the Private Properties and relocation of tenants from the Site; and 24 WHEREAS, the California Redevelopment Law ("CRL") requires that prior to displacement 25 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, California Property Specialists, Inc. ("cpsr' or "Consultant") has numerous 28 years of experience and expertise in all areas of acquisition and relocation services in accordance I P:~'hIcJIuliofts\Raoluticms\2OO6\II.2:0-06 CPSI- Anfeq Oudrie R&:loetl:ioa (DC Rao.doe e 1 with the Uniform Relocation and Real Property Acquisition Policies and the State of California 2 Housing and Community Development Guidelines (California Code of Regulations, Title 25) and 3 the Agency wishes to engage the services of the Consultant to carry out the Agency's acquisition 4 and relocation responsibilities pursuant to the terms in the Professional Services Agreement 5 ("Agreement") attached hereto and incorporated by herein reference. 6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 7 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 8 FOLLOWS: 9 Section 1. The Commission hereby approves the Agreement by and between the 10 Agency and the Consultant in the form as attached hereto as Exhibit "A" and as presented to the 11 Commission upon adoption of this Resolution, and the Commission hereby authorizes the 12 Executive Director of the Agency to execute the Agreement on behalf of the Agency together with 13 such technical and conforming changes as may be recommended by the Executive Director of the e14 15 Agency and approved by the Agency Counsel. Section 2. The Resolution shall become effective immediately upon its adoption. 16 II/ 17 II/ 18 /11 19 /11 20 /11 21 II/ 22 III 23 II/ 24 II/ 25 /11 26 /11 . /11 28 II/ 2 P~ludoaM_"ions\2OO6\ll-20.Q6CPSJ_AnbOuthricltebcatioll coc Rao.doe _1 2 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 ACQUlSmON AND RELOCATION SERVICES (IVDA REDEVELOPMENT PROJECT AREA - ARDEN GUTHRIE 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 , 2006, by the following vote to wit: 8 thereof, held on the day of 9 Commission Members: Aves 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY e14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 meeting Navs Abstain Absent Secretary 20 The foregoing resolution is hereby approved this 21 22 23 24 day of ,2006. Patrick 1. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to Form: 25 26 a7 28 By: c:~ Agency C unsel 3 P:\ApRduUlaob:~uioAS\2OO6\II.20-06 CPSI. AIdaI GAhrie RdocaIian CDC Rao.cb: e EXHIBIT "A" l 'e J e . CALIFORNIA PROPERTY SPECIALISTS, INC. PROFESSIONAL SERVICES AGREEMENT Acquisitions and Relocation Services IVDA Redevelopment Project Area (Arden Guthrie) 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, the Redevelopment Agency of the City of San Bernardino (the "Agency") owns forty-eight (48) properties located on an approximately 17- acre site bounded by Highland Avenue to the north, Arden Avenue to the east, 20th Street to the south and Guthrie Street to the west, commonly referred to as the Arden Guthrie site (the "Site") which is located in the Inland Valley Development Agency (IVDA) Redevelopment Project Area ("Project Area"); and WHEREAS, two (2) privately owned vacant lots and twenty three (23) privately owned four-plex apartment buildings, containing approximately ninety-two (92) households remain randomly located about the Site; and e WHEREAS, on July 24, 2006, the Mayor and Common Council (the "Council") adopted Resolution No. 2006-271 approving a $7.5 million loan contract between the City of San Bernardino (the "City") and the Department of Housing and Urban Development ("HUD") for the purposes of acquiring the remainder of the privately .owned properties on the Site, relocating the occupants and clearing the Site for future development; and WHEREAS, on July 24, 2006, the Council and Community Development Commission ("Commission") authorizing the Mayor and Executive Director to execute a Loan Cooperation Agreement by and between the City and the Agency in order to make HUD proceeds available to the Agency for acquisition on the Private Properties and relocation of tenants from the Site; and WHEREAS, the residents of the twenty-three (23) four-plex apartments will need to be permanently relocated to allow for future development within the Project Area; and WHEREAS, California Redevelopment Law ("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 per California Govemment Code Section 7620 State Law; and WHEREAS, California Property Specialists, Inc. ("CPSr' or "Consultant") has numerous years of experience and expertise in all areas of acquisition and relocation services 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 acquisition and relocation responsibilities pursuant to the terms in the Professional Services Agreement ("Agreement") attached hereto and incorporated by herein reference. P:~ AttadImenu\Agrmts_Amend ZOO6\II-Z0-06CPSI. AnbOudlrielldocatio" Serrica AJR'M*Il.doe I e 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 (See Exhibit "A" for further time frames to perform the Scope of Services). 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. Consultant commits the principal personnel listed below to the Scope of Services Acqui~ition Consultant: Relocation Consultant: Kent Jorgensen 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. e 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. S. COMPENSATION. e The maximum compensation for all Consultant's services, including Consultant's costs, expenses and travel time or travel expenses, shall not exceed Two Hundred Ninety Eight Thousand Two Hundred Fifty Dollars ($298,250). This amount includes Nine Thousand Six Hundred Dollars ($9,600) for the preparation and delivery of the Relocation Plan; Two Hundred Twenty Five Thousand Four Hundred Dollars ($225,400) for Relocation Services and Sixty-Three Thousand Two Hundred Fifty Dollars ($63,250) for Acquisition Services. 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 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) the Agency directly acquires any property without the intervention of CPSI, or (iii) a lesser number of residents are required to be relocated in accordance with Consultant's Budget as referenced in the Consultant's Proposal dated October 11, 2006. (For example: $2,450 per .four-plex unit for relocation expenses and $2,750 per acquisition). 2 p~ MadlmeatMgmtts-Amend 2006\11-20-06 aSI. Ardar. Gulhric Ilclocuiofl Serva. Ap"cemenI.doc: e e e 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 hislher 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 hislher 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. 11. INDEMNIFICATION. The Consultant agrees to indemnify, defend and save harmless the Agency and 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. 3 P:~ AltadInIents\Apmts-Ameftd 2006\11-20-06 CPSI- Arden Gudrie Relocuio. SCfYiea ~doc . . e 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 "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. 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. 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. 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 if it were drafted by both parties hereto. 4 P:\Apndu\Aplda Aaaelllnmtl\Acralls-Amend 2006'.11.20-06 OSI. ArcIeq Oudvie kebeacion Savica ~.doc . e e' 16. ENTIRE AGREEMENT. lbis 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 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 his/her designee. 19. TERMINATION. lbis 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. Attention: Kent Jorgensen 600 West Santa Ana Boulevard, Suite 115 Santa Ana, California 92701 Phone: (714) 550-4628 Fax: (714) 200-0809 To Agency: Redevelopment Agency of the City of San Bernardino Attention: 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 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 of whatever nature that are legally required to be maintained by the to conduct its business activities within the City. 5 p~ Aadlmmcs\Agnnu-Amend 2006\11.2l).()6 CPSI. Arw. GutJrie Itdoeation SeMea ApecmenI.doe . 22. ENTIRE AGREEMENT. This Agreement, with Exhibit "A" constitutes the entire understanding and agreement of the parties. 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: ~~ Agency Counse CONSULTANT Date: California Property Specialists, Inc. . 6 P:~~Amead2OO6\11.20-06CPSI.ArdellGudrieIleloelciGnScrvia=l:Aar-eM.doc . EXHIBIT "A" SCOPE OF SERVICES 1. Acquisition of and Preoaration of Relocation Plan for Residents residing at (''Site'') 2140 North Arden Avenue 2104 North Arden Avenue 2094 North Arden Avenue San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-021-43 APN: 1191-021-41 APN: 1191-021-40 2072 North Arden Avenue 2050 North Arden Avenue 2028 North Arden Avenue San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-021-39 APN: 1191-021-38 APN: 1191-041-26 2004 North Arden Avenue 2122 North Dumbarton Avenue 2159 North Dumbarton Avenue San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-041-25 APN: 1191-021-56 APN: 1191-021-45 2123 North Dumbarton Avenue 2005 North Dumbarton Avenue 2140 North Dumbarton Avenue San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-021-47 APN: 1191-041-28 APN: 1191-021-57 2176 North Dumbarton Avenue 2195 North McKinley Avenue 2051 North Newcomb Street San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 . APN: 1191-021-59 APN: 1191-021-61 APN: 1191-021-20 2141 North McKinley Avenue 2123 North McKinley Avenue 2194 North Newcomb Street San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-021-64 APN: 1191-021-65 APN: 1191-021-11 2158 North McKinley Avenue 2004 North McKinley Avenue 2195 North Newcomb Street San Bernardino, CA 92404 San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-021-31 APN: 1191-041-22 APN: 1191-021-28 2005 North Newcomb Street 2005 North McKinley Avenue San Bernardino, CA 92404 San Bernardino, CA 92404 APN: 1191-041-19 APN: 1191-041-32 The Consultant will prepare a Relocation Plan for the estimated ninety two (92) households residing in the Site in confonnance with. all requirements of the State of California Housing and Community Development Guidelines (California Code of Regulatious, 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 ninety-two (92) affected occupants to determine relocation needs. The interview queries household information such as the number, ages and gender of all occopants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 1 ~~Amend2OO6\11-2Q..060'S1.AnbGudRReIocalioIIS<<viceI~.doc e e e 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 Prol!ram Implementation <Estimated 92 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. 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. 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. 3. 4. 5. 6. 7. 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 decent, safe and sanitary. 2 P;\AFndu\Aaenda AtlKh~Amcnd 2006\11.20-46 CPSI. AnIen Gudrie RdocaI... Servk:a ~doc 9. e 16. e17. 20. 21. 22. aP' W14. 10. 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. After the entitlement letter is prepared, prepare a ninety (90) day Notice to Vacate (can be band delivered with RAP Entitlement or sent via certified mail). If mailed, make sure to provide sufficient time for mail delivery. Summarize all interviews and telephone conversations, contacts and attempted contacts in a diary for official record. 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. If necessary, take dispIacee 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. 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. 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. If a self-move is selected, monitor to avoid potential problems. 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. . II. 12. 13. 14. 15. . 18. 19. 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 pwposes. If the Agency allows, and items are to be left behind, require displacee to siin an abandonment of personal property prior to final payment of moving expenses. Prepare final claims, complete diaries, prepare certification and close file. Closed files will be copied, maintained, or delivered to the Agency for sponsor and other audit pwposes based on the scope of the contract. 3 ~~Alnead2OO6\Il.2Q.060'S1.AnIIlnOudl'ieRe~iocIServicaApemena.doe . eB: 1. C: _. 2. The Consultant shall work to diligently complete the above relocation services within two hundred sixty (260) days from the Effective Date of the Agreement. The Executive Director of the Agency or hislher designee may extend said time for completion of the Scope of Services for an additional period of ninety (90) days, should unique circumstances occur beyond the control of the Consultant. 3. A: 1. Acquisition Tasks Proiect Manal!ement Meetings - Attend meetings with Agency Staff as needed. Meeting minutes, agendas and reports will be provided when directed by the Agency. Status Reports - Provide and maintain a Title, Appraisal, Environmental, Acquisition and Status Reports for all project personnel to access. Sub-Consultant Management - Provide management and coordination of services for all sub- consultants. Escrow Oversight - Provide coordination of in-house escrow coordination and services provided by the title and escrow company Schedules - Prepare and provide project schedules as needed. QA/QC Management - Provide Quality Control Management for all areas of the project, including coordinating to ensure a successful and compliant project. File Close Out - Provide services required to close out each individual case file in accordance with applicable regulations. Acquisition Implementation Offer Letter - Prepare and present the written offer letter to the property owner, along with the appraisal summary statement, purchase agreement,. deeds, escrow instructions, brochure and Consultant's business card upon the initiation of negotiations, after review and approval by the Executive Director of the Agency. Submit all legal documents for the Executive Director of the Agency or the Agency Counsel to pre-review when language is added, deleted or revised. Acquisition/Negotiations - Conduct negotiations for the acquisition of each parcel in accordance with all federal policies and procedures, including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to out .of area owners will be mailed Certified Return Receipt Requested. Agency/Owner Liaison - Provide liaison duties between the Agency and property owners. Contact Documentation - Thoroughly document all contacts with the property owner and/or their representative indicating attendees,. time and place of meetings. Documentation will include thorough diaries and copies of all correspondence and emails. Diaries should be updated immediately after each contact, if possible, and retained in the permanent acquisition file. 2. 3. 4. 5. 6. 7. 2. 3. 4. Escrow Coordination And Title Coordination Title Research-Recommendations Review Title Reports - Review title reports and verify all work, paying particular attention to ownership and easement/lien/encumbrances information. Review Plans - Review project plans becoming familiar with the project and its impact on the various properties, if applicable. 4 P:\Agendu\Agcnda AthchmenIs~Amend 1006\11-10-06 CPSI- Alden Guthrie Reloc.tiofl Services Ageemenl.<bc T 3. e 4. D: 1. 2. Verify Confonnance - Verify that any legal descriptions, right-of-way plans, surveys, and appraisals correspond. Prepare Recommendation Report - Based on in-house analysis, prepare a Title Review Report showing title issues, recommendation and escrow closing conditions. &crow Coordination Open Escrows. Coordinate with title companies and open escrows on all purchases. Monitor Escrows - Review all escrow documents, request funds from the Agency and ensure that the Agency receives title insurance policies in the amount of the purchase cost of the land and improvements, and clear title to all properties acquired. 3. Tracking Book - As escrow closes, obtain a conformed copy of the transfer documents, certified closing statement and Title Insurance Policy. Completed Tracking Book will be delivered to Agency with all parcels aCcounted for. e e 5 ~AltadIrnblu\.\gmas-Amead2OO6\11-2O-Ol5CPS1.AnbGudD:Rdocti:laSenk:a~