Loading...
HomeMy WebLinkAboutContracts & Agreements_43-1997_CCv0001.pdf SERVICES AGREEMENT by and between Stadler, Shober & Cline, Inc., dba Date for reference: April 1. 1..997 Pacific Relocation Consultants 100 West Broadway, Suite 300 Long Beach, CA 90802-4432 FIN: 95-3559948 Term: April 1. 1997 through March 31, 1998 (hereinafter "Consultant") Project: Eureka Street Widening and Contract Amount: The City of Redlands County: San Bernardino (hereinafter "City") Relocation Guidelines: State . . ' ` This agreement is dated as Of this 1 day of April, 1997' by and between the City of Redlands, County of San Bernardino, "City" and Stadler, Shober & Cline" Inc., dba Pacific Relocation Consultants, a California corporation, hereinafter called "Consultant". RECITALS WHEREAS, the City requires specialized services to perform in connection with the administration of City's programs requiring relocation assistance, thus exempting it from bid requirements; and WHEREAS, Consultant iotobo engaged in the supervision and administration ofsaid programs for providing relocation assistance services; and WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Coda, Section 37103; and WHEREAS, the City has determined that Consultant is qualified to perform the required services;and WHEREAS, no official or employee of City has a financial interest in the subject matter of this agreement contemplated within the provisions ofCalifornia Government code, Section 1090-1092; and/or applicable Federal Rules 0' Regulations. NOW THEREFORE, in consideration of the mutual promises ofthe parties, and other good and sufficient considerations, the parties agree to the following rights, duties, obligations, liabilities, terms, conditions and covenants: SCOPE OF SERVICES. Consultant agrees to supervise and administer programs set out by City for providing relocation assistance and will act as the representative of City in connection with the investigation, processing, supervision and completion of relocation assistance services duly authorized by City for persons who reside or do business in the project area end/or are eligible, under applicable law, for relocation benefits in connection with any program administered by City. This relocation assistance includes but is not limited tothe following services: A. Interview diep|aoeestm ascertain relocation housing needs and special requirements. B. Inform displaced persons of available relocation assistance and explaining relocation pronomm' C. Search for relocation sites and referrals of same. D. Prepare and distribute Informational Brochures, Notices of Displacement, 80-Day Notices toVacate, and Other notices, as appropriate. . / E. Determine eligibility for, and proposed amount ofrelocation benefits. F. Prepare all applicable claim forms. G. Secure claimant's signatures on claim forms. H. Submit claim forms to City for pnzoeeainQ and payment. 1' Inspect replacement dwellings to assure they meet "decent, safe & sanitary" o1ondaodm' J. Coordinate the move to replacement site, as necessary. K. Deliver of benefit checks and other appropriate payments toclaimants. L. Provide referrals, as appropriate,to respective social service agencies and community organizations, and advise of economic and social aids available to claimants. M. Provide diap|eoeea with an on-going advisory services to minimize their hardship. N. Maintain individual files on each claimant. 0' Provide periodic standard status reports on the disposition of relocation activities. �y. ADDITIONAL SERVICES. The following additional services shall be performed at the request of the City and shall be compensated /n accordance with ParaQraph \/||'C': A. Preparation ofRelocation Plans, Relocation Guidelines, Cost Estimates, Project Area Surveys and other specialized reports as specified by the City' B. Provide City with the administrative and management advice assuring the proper conduct of the program, establishing and/or modification of procedures, etc. C. Outside representation of the City in the form of participation in citizen group meetings, court appearances, presentations, hearings, testimonies, etc. D. Interim property management services: preparation and delivery of rental agreements, collection of rant payments, abandonment verification, nmnmaamry repairs and maintenance, board-up and security services, utility disconnection,and other services agreed upon. E. Identification, monitoring and processing nfLast Resort Housing cases. F. Training of City's relocation staff. G. Other services exceeding Scope OfServices outlined inParagraph 1' SUBCONTRACIM. Prior to or during the implementation of any project Consultant may retain services of other specialized firms and individuals necessary for the administration of the services as described above: acquisition services, fixtures and equipment appraisal, bulk transfer notices, repair and property maintenance,demolition, and others. Such services may be retained exclusively with the consent of City. Such services shall be compensated in accordance with ParagraphV||.[]. IV, CITY DUTIES. City agrees to provide during the term of this Agreement services of a continuing nature designed to aid and facilitate the performance of services by Consultant: A. Provide Consultant with funds necessary for relocation, moving, board-up, security, repair and other related costs torelocation and property management inthe time frame required to meet relocation guidelines and project objectives . B. Provide Consultant with or avail a000sa at any reasonable times to any plans, publications, reports, statistics, records or other data pertaining to any services performed under this Agreement, which are reasonably available tothe City. C. Provide full and timely information to Consultant as to programs where relocation assistance is required and regulations and policies adopted by City in respect to those programs. D. /\mmimt Consultant, its agents and employees /n arranging for interviews with City nnnp|oymoa and agents involved /n the administration of all programs requiring relocation assistance services, and provide staff assistance and take prompt action when requested by Consultant to facilitate proper and timely performance by Consultant. E. Provide City's forms and stationery to be used for services under this Agreement. F. Provide for timely review and approval of Consultant's proposed relocation assistance benefits to respective program participants. V. ][ERM- This Agreement shall take effect upon the date first referenced above and shall continue in effect as indicated above, until superseded by another agreement between the City and Consultant or until canceled by either party as hereinafter provided. Services provided for in this Agreement shall commence upon issuance of an authorization to proceed. Prior to initiation of services, City may submit to Consultant, through written notice, expected time |irn/to for the completion of any and all services herein contemplated or subsequently requested. V11. APP ICABLE RELDCATION GUIDELINES. Consultant shall comply with all applicable Fedora[ State and local laws, and procedures and policies adopted byCity inperforming the services contemplated herein. In particular, Consultant shall omrnp|y with the California Relocation Guidelines during the administration of the relocation programs subject tmthis Agreement. . / COMPENSATION. Consultant shall be compensated for services rendered according tothe tarrna and conditions provided /n this Agreement. If the maximum compensation |/nn/t is to be established for services under this agreement,the City shall pay the Consultant an amount not to exceed $15'000(baaed on 6 business displacements). Additional or fewer oases identified during the implementation of the project and/or other substantial changes in the required scope of services or 000e duration shall cause revision ofthe project rnax/rnunn. A. For services rendered as outlined in Paragraph |. Consultant shall be compensated in accordance with the following per-case rate schedule: Residential Tenants and Owner-Occupants $1.650.00/peroame Mobile Home Displacements $2.000.00/peroase Business and Commercial Displacements $2,500.00/minimum per case Industrial Displacements $3,500.00/minimum per case Compensation for business, commercial, and industrial cases depends upon the complexity of the case, and is to be determined after the site inspection. Upon request Consultant will provide tothe City Statement ofProject &0axirnurnforany project authorized by the City under this Agreement. Consultant may submit invoices for services rendered according to the above per-case schedule no sooner than when a claimant has moved from the project site. B. For any men/ioea covered under this Agreement including per case compensation, Consultant may elect to be compensated monthly based on the hourly rate schedule, however, innoevent shall the total hourly compensation exceed the maximum pr oot compensation. lFhehoudyrate schedule ia as follows: ' Corporate Officer $100.00 Project Manager $85.00 Relocation Specialist $70,00 Administrative/Secretarial $35.00 For hourly compensation consultant shall submit an invoice within ten (10) business days after the first of each calendar month for services rendered during the preceding month containing hourly breakdown of services performed, detmm, number of hours, by vvhorn the services were performed, and hourly rate mfperson performing the services. Upon completion of services the remaining balance of the pr 'eot maximumeha|| beoonne /nnrned/ate|ydumandpayab|e. ' C. For additional services performed under Paragraph 11. Consultantshall be compensated according to the above hourly rates or a mutually agreed flat fee. Specifically, for the preparation of each Relocation Plan Consultant shall be compensated as follows: flat fee of $2'000.80 p!mm $150.00 per each case (Tenant/Owner/Business), for Last Resort Housing processing Consultant shall be compensated as follows: flat fee of $480.00per each LRH case, payable upon the first LRH claim, D. For administering sub-contractor services performed under the Paragraph |||. of this , . ' Agreement, Consultant shall be compensated for actual expenses incurred when sub-contracting these services p|ua fifteen (15) percent administrative oomt 1 ��mnou|tentagrees tornakesincere effort tokeep those costs contained. ` VIII. RAYMENTS TO CONSULTANT. City shall pay Consultant within thirty (30) days in accordance with invoices submitted to the City. Hourly and per-case compensation rates described above are subject to periodic cost-of-living adjustments. Any such adjustments cannot be proposed by Consultant more frequently than one (1) time during each calendar year following the date of this Agreement, however the first adjustment cannot be proposed during the first 12 months after this Agreement takes effect. Said adjustments mutually agreed upon by City and Consultant, shall be incorporated into this Agreement in writing. Furthermore, the City retains the right to withhold payments to the Consultant in the amount not greater than ten (10) percent of the per-case compensation for any case until such case is deemed billable as specified in Paragraph VII.A. IX. S. All of the files, reports, information and data prepared or asme //u/mu by Consultant under this Agreement are confidential and Consultant agrees thattUey shall not be made available to any individual or organization without prior writtenapprova| of City. Consultant further agrees that all files and other work-products renainpropnrtyoftheCityandaha|| be turned over tothe City at close mfany project. City shall the right to audit Consultant's books and records pertaining to this Agreement andvorkpmrfornmdpuruuantthereto. X. 91ONFIDENTIALITY. Consultant agrees to keep confidential all records and information pertaining to the services performed under this agreement, and shall not disclose such information to any third party except on the direct authorization by City. uc X1' APPROVAL OF BENEFITS. Consultant recognizes that City retains the sole and exclusive rightto determine or approve the exU/o/xzy or program participants for relocation assistance and/or the amount of relocation assistance and payment. Accordingly, Consultant shall not held liable for City's exercise of said right in accepting, rejecting or otherwise modifying Consultant's proposals. X11. KEY PERSONNEL. When requested by City, Consultant shall assign employee(s) to work directly under City supervision in project areas covered by this Agreement. »r X111. . Consultant certifies that /t presently has no interest and shall not acquire any interest, direct or indirect, monetary or otherwise, which would conflict in any manner or degree with the performance of this Agreement. No person having such interest be employed by or associated with Consultant. Spen/'iooUy' in performing the servicesto be provided hereunder, Consultant mha|l not employ or retain services of any person while person is employed by the City. XIV. JERMINATION. This Agreement may be canceled by either party giving to the othar, in writing, thirty (30) days' notice of its intention to cancel this Agreement.neeent { the ' canmaUothonofthis Agr8emnentbyeither party Consultant shall irn—~"'"diate/yterminate ^en/rxmimne event of all activities related tVperforrnancoofthis /\Qreernentunless othemvm�i m���ny �n� agreed, and shall be compensated for �erv�o�a performed up .o and including� -'he 'day xvhe' Consultant . ` . ~ XVINDEPENDENT CONTRACTOR. Consultant is, and shall be, acting at all times as an - independent contractor herein, and not as an employee, representative or agent of City, and shall maintain complete control over its employees. Consultant shall be free to contract for similar services to be performed for others during this Agreement. XV ' LNSU.RANCE. Consultant shall secure and maintain during the life of this Aoreonlent the foUovvinQinsurance coverage: ~ A. Statutory California Workers' Compensation coverage for all Consultant's employees providing services hereunder. B. General liability coverage for personal injury andprVpertydamnage' Coverage shall be limited to $1 O000O0 ' , per occurrence. Upon request, Consultant shall provide City with aCertificate ofInsurance autothe coverage referred toherein naming the City emanadditional insured. XVII. . 7-heConuu|tantandtheOtyuha|| rnutua||y /ndmmnnifv, defondandho|d harmless each other, their officials, agents and employees from and against any and all claims, demand, oauaau of action, |oaooa' damages, and liabilities -arising out of the performance ufthis een/ioea described herein, caused in whole or in pa-' by Consultant or City, their agents or employees, or any alleged negligent or intentionaln - omission or misrepresentation byConsultant orCity, their agents orernp|oyenm' -° XV01' NONDI CRIMINATION. During this Agreement Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sexmr-nat/o'na| origin 'Conau|tantvi|| take affirmative action toensure that applicants are employed, and that are treated during employment, without regard totheir race, color, religion, sexor national origin. Such action shall include, but not belimited to the 'o||o `ing'enp|oynent, promotion, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and °n|ac1m for training. XlX. NOTICES. Any and all notices directed to Consultant from City shall be addressed as follows: |othe Consultant: Tothe City: Barry R. McDaniel K4 jorie Pettus Partner Administrative Services Director Pacific Relocation Consultants City ofRedlands 100 West Broadway, Suite 300 P.O. Box 3(}05 Long Beach, CA 90802-4432 Redlands, CA 92373 XX. AMENDMENTS. Nochange, amendment ormodification tothis Agreement shall be effective unless it is /n writing, signed by both parties. XXU. GOVERNING,LAW. This Agreement shall be governed by, and construed under the |am/o of the State of California. RECREATION COMMISSION AGENDA THE FOLLOWING INFORMATION COMPRISES THE AGENDA FOR THE RECREATION COMMISSION TO BE HELD WEDNESDAY, MAY 14, 199'7, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 35 CAJON STREET, SUITE 2, REDLANDS. 1. CALL TO ORDER 2. APPROVAL OF MINUTES -- MARCH 19, 1996 3. COUNCIL LIAISON REPORT 4. OLD BUSINESS A. Sports Complex Update B. Budget Update 5. NEW BUSINESS A. Funding Alternatives i) Tours ii) Contract for Service 6. COMMUNICATIONS A. ' Student Report B. Recreation Report 7. ATTENDANCE 8. ADJOURNMENT The next Recreation Commission will be held Wednesday, June 11, 1997. Please inform staff in advance if you would like to place an item on the agenda or are unable to attend. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Chief Building Official, (909) 798-7536. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting, (28 CFR 35.102.35.104 ADA Title H) XXIL SEVERABILITY. In the event any provision of this Agreement shall be determined or declared invalid, illegal or otherwise unenforceable,such occurrence shall in no manner affect all other provisions of this Agreement, which shall remain in full force and effect as if that provisions was not originally contained in this Agreement. XXIII. ENTIRE AGREEMENT. This Agreement and any attachments or documents incorporated herein, constitutes the complete and entire agreement between the City and Consultant and supersedes any and all prior agreements, commitments, and proposals, oral or written, with respect to this subject matter. IN WITNESS THEREOF, the City and Consultant are executing this Agreement to be effective as of the date first hereinabove set forth: STADLER, SHOBER & CLINE, INC. dba PACIFIC RELOCATION CONSULTANTS THE CITY OF REDLANDS FIN: 95-3559948 -12A BY: Barry R. McDaniel BY: Pat Gilbreath TITLE: Partner TITLE: Mayor Pro Tem DATE: DATE: May 6, 1997 ATTEST: BY orrie Bch City Clerk