HomeMy WebLinkAboutR11-Redevelopment Agency
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Fran: I<E2lNElH J. HI!M1mSttl'
1I!vI:oclltive Director
SUbject: Jl.lora.LIU _.LURlI
~ ..nwa-r s. -PI'
Date: Jamm:y 17, 1991
~, T"1. ~ PnricIua --.......--vn---vo.-d.ttee aaticD:
Ck1 Jamm:y 16, 1991, the Redevel._It. CcIIIIdttee OCIlSidered this item and recc::...-
me...d",d to the n--...u.ty Devel. 1"- tL thml; ....tat ~u.nU of the att:adled ~...........t
bebIeen the n--."lity Devel_.L thml;....tat and HaDeAid, Inc.
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8OUrA1l'1' DIiIW.LURlI __ '1'BB ~ All) ~, DI:!., III _ AIIXDfr lOr m
--..-=..... $",100.00
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:utive DU:ector
Ocnt:act Persal:
Ken~
l'hcne:
5065: 5081
Project Area(s) : All Ward(s) : 1 thnum 7
~ D!lta At:I:aci1ed.: R'tj:IJ'F-F ~.^t: A.",u.-.-.1l
l'UNI)JH; ~: A1IDmt: $ 98.600.00 Source: 20t Set As;&>
Jbjget Authority:
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At the JlIJ1lIDY 7, 1991 t'nmII"1i.ty DeIIel~Jt l'hIoni....i.cn meet:ing, a lunctIea1 wodt-
shq) t1i.....'"iat regardin;J the City's 14',..osed SiIgle RcaIl lloooprx:y (SR:>) pl'-";:j..aw
was ccn!uctecl. Ms. J\liith Isnthall, President and Chief Executive Officer of
HaIleAid, Inc., gave a present:atia1 to the l'hIoni....iat mid1 included the vi.ewin:] of
bolo (2) videos in ..............tien with Ms. Isnthall's san Diego experience.
1'lI'~ to Ms. Isnthall's closiIg (;'...._.(ls, the Mayor indicated he wanted to
retain HaIleAid's services for the deIIe1~jL of a ...........dllerlSive ha.lSiIg strategy
for leveragiIg the City's 'l\IIenty-Petoeut (20%) set-Aside ~ funds and the de-
vel.........Jt of ale (1) SR:> project.
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on'l\Jesday, JlIJ1lIDY 15, 1991, staff mceived a FAX of the t'L'~ ~,t bet-
ween HaIleAid and the l'hIoni....i'XI mid1 was ~ by the Redevel~d. QmDittee
en Jama%y 16, 1991. After t1i..........ien cent:eI:in1 aramd the tat:al .:. "I-..lISation,
the .."...........d.'s sa:pe of services, the priorit:izaticn of projects, and the settirx:J
of tlpe('ific gcals, the QmDittee voted to ~=' ........Jd ~ of this ..."L""""""Jt to
the lhmI111ity DeIIel...........,L l'hIoni ....iat.
'!be prioritizaticn and goal settirx:J will l'"""""'""~~y occur in IIII!leti.n;Js with in-
divjtl"",.. lYOIOIIi_ioners, the Quoh.....yt and staff. '!be services to be ......clo:..ed will
include reportin;J to the l'hIoni ....iat at least a1Ce a Da1th reg;m:linJ HaIleAid' S pr0-
gress in "l'YY'OlplilOlWq specific gcals.
Ro"'<<i upcn the above, I reo ........Jd adcptien of the fcmn JDOtien.
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,.....,.,..,1\. ...:iI5'.....u.G
JIMtbq Date: 01/23/91
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CONSULTANT AGREEMENT
This COnsultant Agreement ("Agreement") is entered into on
this
day of
,
1991, between THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
hereinafter referred to as "Commission", and HOMEAID, a non-
profit corporation hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, Commission has determined that an effective
systematic approach to providing low income housing must be
established and a comprehensive strategy must be developed,
specifically with regards to established Redevelopment areas.
The Strategy will also guide the City of San Bernardino and
Commission in the development of model housing projects, and
WHEREAS, Commission desires the assistance of a qualified
COnsultant to render certain technical and professional services
for the Commission's housing redevelopment programs, and
WHEREAS, Consultant asserts that it possesses the unique
skills and necessary expert and professional capabilities to
perform the servic~s as described in this Agreement.
WHEREAS, COmmission is also interested in the development
of a Single Room Occupancy (SRO) Program allowing low and
moderate income individuals a clean, safe, convenient living
environment,
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DAB/mg/ses/Home-Aid.agr 1
January 17, 1991
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. COmmission agrees to employ Consultant and Consultant
shall furnish professional services in accordance with the terms
and conditions of this Agreement as provided in the .Scope of
Services. attached hereto as Attachment No.1, and City shall pay
for these services from time to time, in due course of payments,
as provided in "Schedule of Fees and Payments. attached hereto
as Attachment No. 2 and incorporated by reference in an amount
not to exceed $98,600.00.
2. The work activities described in Attachment No.1,
Scope of Services, shall be the responsibility of the COnsultant
except for those agreed upon activities to be performed jointly
with COmmission, as so noted in the Scope of Services attached
hereto as Attachment No.1.
The Commission agrees to provide
Consultant:
a. Information and assistance as necessary including
meeting in a timely fashion.
b. Photographically reproducible copies of maps and other
information, if available, which Consultant considers
necessary in order to perform the scope of services in
Attachment No.1.
c. Such information as is generally available from
Commission files applicable to the Project.
d. Assistance, if necessary, in obtaining information
from other governmental agencies and/or private
parties.
However, it shall be Consultant's
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January 17, 1991
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responsibility to make all initial contact with
respect to the gathering of such information.
3. Consultant may select the time and place of
performance, provided, however, that access to City doc~ments,
records, Commission staff, and the like, if needed by Consultant,
shall be available in a timely fashion. Commission acknowledges
and agrees that if Consultant is unable to access needed
information timely, after due diligence, which results in delays
in completion of services under this Agreement, Consultant shall
not be held responsible.
4. The term of this Agreement shall commence on the date
it is signed by duly authorized representatives of the Commission
and Consultant and shall terminate upon completion of the tasks
as described in the Scope of Services, Attachment No.1, of this
Agreement, or after five months following execution, whichever
occurs first, unless extended as agreed to by both parties or
unless terminated earlier per Paragraph 13.
If City is
delinquent in any payment of the compensation to Consultant as
set forth in Attachment No.2, Consultant shall have the right to
suspend all work until all such delinquent payments are made to
Consultant.
5. In performing services under this Agreement, Consultant
is and shall act as independent contractor and not an employee,
representative, or agent of the Commission.
Consultant shall
have complete control of Consultant's work and the manner in
which it is performed. Consultant shall be free to contract for
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January 17, 1991
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similar services to be performed for others during the term of
this Agreement however Consultant shall not during the term of
this Agreement and for 12 months thereafter accept any
employment adverse to Commission or the City of San Bernardino.
Commission and Consultant acknowledge and agree that (a)
Commission will not withhold taxes of any kind from Consultant's
compensation, (b) Commission will not secure Worker's
Compensation or pay unemployment insurance to, for, or on
Consultant's behalf, and (c) Commission will not provide and
Consultant is not entitled to any of the usual and customary
rights, benefits or privileges of Commission employees.
Consultant expressly warrants that neither Consultant nor any of
Consultant's employees or agents shall represent themselves to be
employees of Commission or of the City of San Bernardino.
6. Commission agrees to pay Consultant for the services to
be performed under this Agreement, in the amount described in
Section 1 of this Agreement. Consultant will also be reimbursed
for actual direct out-of-pocket costs and expenses incurred in
connection with the services rendered under this Agreement.
Reimbursable costs and expenses may include, but are not limited
to, travel, printing, photocopy, postage, messenger services,
telephone charges and other related costs.
a. Payment will be made to Consultant in accordance
with the payment schedule shown as Attachment No.2.
b. Consultant will submit invoices setting forth the
amount due for consulting plus reimbursable costs and expenses
DAB/mg/ses/Home-Aid.agr 4
.January 17, 1991
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pursuant to the terms and conditions of the Agreement and
Commission will make payments within 30 days upon receipt of
invoice. Nothing in this Agreement shall be construed to prevent
the COmmission from challenging the amount or accuracy of any
such invoices and payment of such questioned amounts may be
delayed pending resolution of such questions.
7. Consul tant shall procure and maintain at COnsultant's
expense for the duration of this Agreement the fOllowing
insurance against claims for injuries to persons, or damage to
property which may arise from or in connection with the
performance of the work by the Consultant, its agents,
representatives, employees or subcontractors:
a.
Commercial General Liability:
$1,000,000 combined
single limit for each occurrence ($2,000,000 General Aggregate)
for bodily injury, personal injury and property damage.
b. Automobile Liability:
$500,000 combined single limit
per accident for bodily injury and property damage covering
owned, non-owned and hired vehicles.
c. Workers' Compensation: As required by the Labor COde
of the State of California and Employers Liability limits of
$1,000,000 per accident.
Each insurance policy shall be endorsed to state that
coverage shall not be cancelled by either party, reduced in
coverage, orin limits except after thirty (30) days prior
written notice has been given to the COmmission, and shall name
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DAB/mg/ses/Home-Aid.agr 5
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the Commission and the City of San Bernardino as additional
insureds.
Acceptable insuranc,e coverage shall be placed with
carriers admitted to write insurance in California or carriers
with a rating of or equivalent to A:VIII by A.M. Best & Company.
Any deviations from this rule shall require specific
approval in writing.
Consul tant shall furnish the Conunission with certificates
of insurance and with original enforcement affecting coverage as
required above.
The certificates and endorsement for each
insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf.
8. Consultant shall defend, save and keep the Conunission,
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its officers and employees, free and harmless from and against
all claims, demands, action or causes of action which may be
asserted against the Commission, its officers and employees,
arising out of or in any manner connected with or attributable to
work performed by Consultant pursuant to the Agreement.
9. Commission shall defend, save and keep the Consultant,
its officers and employees, free and harmless from and against
all claims, demands, action or causes of action which may be
asserted against the Consultant, its officers and employees,
arising out of or in any manner connected with or attributable
to work performed by Conunission pursuant to the Agreement.
10. During the performance of the Agreement, no person,
shall be subjected to discrimination on the basis of race, color,
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creed, religion, national origin, sex, sexual orientation, AIDS,
AIDS- related condition, age, marital status, disability or
handicap, or Vietnam Era Veteran status.
11. Formal notices, demands and communications between the
parties will be sufficiently given .ifdispatched by Registered
mail or Certified mail, postage prepaid, return receipt requested
to the principal offices of the City and the Consultant.
notices shall be addressed as follows:
Such
To City: Kenneth J. Henderson
Executive Director
300 North "D" Street
San Bernardino, CA. 92418
To Consultant: HomeAid
Attn: Judy Lenthall
President
1330 South Valley Vista
Diamond Bar, CA. 91765
Nothing in this paragraph shall be construed to prevent the
giving of such notice by personal service.
12. Consultant shall, at Consultant's sole cost and
expense; secure and hire such other persons as may, in the
opinion of Consultant, be necessary to comply with the terms of
this Agreement.
In the event that any such other persons are
retained by Consultant, Consultant hereby warrants that such
persons shall be fully qualified to perform such services
required hereunder.
Consultant further agrees that no
subcontractor shall be retained by Consultant except upon the
prior written approval of the City.
Such additional persons
shall not increase the compensation provided for in paragraph 1
of this Agreement.
DAB/mg/ses/Home-Aid.agr 7
January 17, 1991
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13. In the event that any action is brought by either
party against the other for the enforcement of any right or
remedy in this Agreement or for the breach of any obligation
under this Agreement, the prevailing party shall be entitled to
recover from the losing party all of its fees and costs of such
action, including reasonable attorney's fees. In addition to the
foregoing award of attorney's fees to the prevailing party, the
prevailing party in any action or arbitration on this Agreement
shall be entitled to its attorney's fees incurred in any post
judgment proceedings to collect or enforce the judgment.
This
provision is separate and several and shall survive the merge of
this Agreement into any judgment on this Agreement. The
provision for attorney's fees in this paragraph shall inClude the
payment of costs of in-house counsel.
14. This Agreement may be terminated by either party for
any reason at any time upon the giving of a thirty (30) days
written notice.
15. This Agreement embodies the entire agreement between
the parties relative to the subject matter hereof, and there are
no oral agreements existing between the parties w~ich are not
expressly set forth herein and covered hereby. This Agreement
may not be amended or modified except by written agreement signed
by Consultant and Commission.
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DAB/mg/ses/Home-Aid.agr 8
January 17, 1991
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2 IN WITNESS where the parties have executed this Agreement
3 as of the date first stated above.
4 The Community Development
Commission of the City of San
5 Bernardino
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By:
7 Chairman
8 ATTEST:
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9 HOMEAID
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By:
Secretary
Approved as to form
14 and legal content:
16
15 James F. Penman,
City Attorney
17 By:
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DAB/mg/ses/Home-Aid.agr 9
January 17, 1991
By:
By:
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Scope of Services
Consultant shall perform the following tasks:
(a). An identification of housing resources, including publicly
owned lands appropriate for low income housing development.
1. This identification will include a priority for clean-
up in target areas and resources for these clean-up
programs.
(b). A comprehensive review of financing resources for City
housing project including:
1. Tax increment funds
2. Tax-exempt bonds
3. Housing trust funds
4. Other local mo~ies
5. State monies
6. Federal monies
7. Private monies
(c). Keep the City informed of new housing programs and sources
of funding for housing assistance.
(d). Prioritize the use of the above resources for specific
housing projects. Which includes meeting with Commission
members collectively and individually prior to such
prioritization being presented for approval.
(e). Assist the City in attracting developers to build the
aforementioned projects.
( f) . Screen developers interested and qualified to build the
aforementioned projects.
(g). Assist the Development Department staff in
hiring/recruiting qualified personnel to supervise the
development process in the aforementioned projects.
(h). Plan for at least one single room occupancy (SRO)
residential hotel project.
ATTACHMENT 1
DAB/mg/ses/Home-Aid.agr
January 17, 1991
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Schedule of Fees and Payments
(a). the City will retain Consul tantservices upon date of
contract execution for a five month period for an amount
not to exceed $98,600.00. '
(b). Payments to Consultant shall be paid on an hourly basis as
follows:
$94.00/hour
Name/Title
/hour
Name/Title
Such payments shall be made in accordance with the
invoices submitted by Consultant, and such invoices shall
be paid within 30 days after said invoices are mailed by
Consultant as provided in paragraph 6.b.
(c). All direct and indirect fees or costs, including travel
expenses, photocopy, printing, postage, messenger services,
telephone and other related services to this contract will
be invoiced to the City on a monthly basis. The total cost
of these costs and fees together with the hourly charges
will not exceed the maximum specified in paragraph (a) of
this Attachment No.2.
ATTACHMENT NO. 2
DAB/mg/ses/Home-Aid.agr
January 17, 1991