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HomeMy WebLinkAbout1977-11 CRA - . . . . -\ GCH:ej 6/22/77 RESOLUTION 77-11 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AGREEMENT WITH PORT AND FLOR FOR A RELOCATION RESOURCES STUDY, RELOCATION ASSISTANCE AND RELOCATION RESOURCES CONSULTATION. BE IT RESOLVED, by the Community Redevelopment Agency of the City of Santa Ana that said Agency hereby approves that certain agreement for a Relocation Resources Study, Relocation Assistance and Relocation Resources Consultation with Port and Flor a copy of which is attached hereto, and authorizes the Chairman of the Agency to execute said Agreement on behalf of the Agency. ADOPTED this 28th day of Júne , , 1977, by the following vote: AYES: MEMBERS: Ward, Bricken, Brandt, Ortiz, Garthe NOES: MEMBERS: Evans ABSENT: MEMBERS: Yamamoto ATTEST: ~r~ Richard Goblirsch, Executive Director and Recording Secretary APPROVED AS TO LEGAL LØi I c;:;;; Keith L. Gow Agency Legal Counsel FORM: t 3 '. . f. . I . . . . - . . GCH:ej 6/23/77 AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND PORT AND FLOR FOR A RELOCATION STUDY, RELOCATION ASSIS- TANCE AND RELOCATION RESOURCES CONSULTATION THIS AGREEMENT, made and entered into on the 28th day of June, 1977, by and between Community Redevelopment Agency of the City of Santa Ana, California, á public body, corporate and politic (hereinafter referred to as the "Agency") and Port and F1or, Incorporated, a California corporation (hereinafter referred to as the "Contractor"). WIT N E SSE T H ---------- Recitals: 1. The Agency is undertaking certain activities necessary for the execution of the Conununity Redevelopment Project (hère- inafter referred to as "Project"), the boundaries of which are delineated on the attached map incorporated herein as Exhibit "A". 2. The Agency desires to engage the services of the Contractor to render certain technical advice, assistance and services in connection with such activities of the Agency. WHEREFORE, for and in consideration of their mutual covenants and agreements hereinafter set forth, and subject to the terms and conditions, limitations and other provisions of this agree- ment, hereinafter set forth, the parties hereto do hereby agree as follows: SECTION 100 CONTRACTOR'S SCOPE OF SERVICES The Contractor shall perform a Relocation Resources Study and Feasibility Analysis sufficient in scope and depth to: a. Evaluate the housing stock within the City of Santa Ana and adjoining areas as it relates to the needs of households specified by the Agency and assumed to be likely to be displaced. b' Project the likelihood of re-housing on the private market or in available subsi4ized units for those residents to be displaced. c. Provide the Agency with adequate data and recommenda- tions to enable the Agency to program its Project activities and other supportive actions in the event that suitable relocation sources are found lacking. I . . . . , d. e. . . Produce a relocation plan document which details the findings of the Relocation Resources Study and Feasi- bility Analysis and the policy decisions required to alleviate insufficient housing resources, if any, and which can serve to demonstrate to the project area population that relocation problems and their potential solution have been considered and provided for by the Agency. Provide adequate documentation for the official assur- ance of housing resource availability required of the Agency prior to displacement of residents. SECTION 101 When and as directed by the Agency in writing, the Contractor shall perform relocation services and render the following technical services: a. The delivery to and explanation of materials regarding relocation rights and benefits to designated residents and businesses. b. Assist residents and businesses as requested to locate and secure suitable replacement housing and business units. c. Maintain confidential, individual contract with relevant community assistance agencies to provide adequate social services for relocatees. d. Process relocation claims for financial assistance. e. Obtain signed rental agreements from tenants which have been previously prepared by Agency as soon as the Agency obtains title to occupied residences. f. Maintain those records and accounting procedures for the relocation process necessary to support field operations and which will be in conformance with HUD standards for relocation records. g. h. Notify Agency when properties are vacated. Develop and implement a training program for Agency re1o- ation staff in order to train staff to competently implement residential relocation program. i. Provide easy access by telephone to professional Port and F1or staff so that Agency relocation staff may seek assis- tance and advice as needed on complex residential reloca- tion cases. j. All such services which are necessary for successful re1o-' cation of site occupants. SECTION 102 Procedures relating to services to be performed under Section 101 above shall be worked out to the mutual satisfaction and con- venience of the Agency and Contractor at the time the notice to proceed is received by the Contractor. SECTION 103 Contractor agrees to provide the following: . 2. I . . . . t . . . . a. Original Federal relocation forms. b. Adequate personnel to perform the duties specified in Sections 100 and 101 above, as the property is acquired by the Agency. Staff field office with professional staff if determined necessary by Agency and at a location to be determined by the Agency. c. SECTION 200 OBLIGATIONS OF AGENCY The Agency shall furnish the following data and support: a. Field office, including all utilities, excluding tele- phone, and liability insurance, at a location and in a condition to be' determined by the Agency. b. Written notification by the Agency of the opening of escrow and closing of escrow on each parcel, including all available information relevant to the transaction and the relocation services to be provided, such as names of tenants and/or owners. c. Agency will provide field office with receptionist as long as necessary in view of case load. SECTION 300 TIME OF PERFORMANCE All consulting services required herein shall conunence when and as directed by the Agency in writing and shall be completed within such respective times as are reasonably established by the Agency in each such written direction. The Relocation Resource and Feasibility Analysis shall be completed within six weeks of a notice to proceed. SECTION 400 COMPENSATION AND METHOD OF PAYMENT The Agency shall pay compensation to the Contractor on an hourly basis for above services rendered as follows: Corporate Officer Corporate Officer (Training) Project Manager Relocation Representative Secretary $45.00 $50.00 $27.00 $22.00 $12.50 per hour per hour per hour per hour per hour SECTION 401 EXPENSES There shall be no reimbursement in addition to the applicable compensation specified in Section 400 for travel, subsistance, or other incidental expenses incurred by Contractor or its associates in connection with the performance of service required hereunder. SECTION 402 METHOD OF PAYMENT The Contractor shall submit to the Agency monthly, a veri- fied statement in a form to be approved by the Agency containing a breakdown of work done during the preceding month. The verified statement as to work completed shall be attached to an invoice stating all claims for work done during the prior month. The invoice must be submitted prior to the fifth day of each month and if so done, the Agency shall review such statements and remit pay- ment within thirty (30) working days after the submission of the invoice requested. SECTION 500 GENERAL PROVISIONS 3. , . . . . , . . . . . SECTION 501 STAFF OF THE AGENCY Nothing in this contract shall preclude the Agency from per- forming with its own staff, any of the services herein required of the Contractor. SECTION 502 CONFLICT OF INTEREST Contractor agrees that neither the Contractor nor any indi- vidual associated therewith, will either directly or indirectly represent or assist owners of the properties located in the Project in regard to the acquisition of such property by the Agency nor divulge to any person any information in regard to such acquisi- tion. If this contract is terminated, neither the Contractor nor any person associated therewith shall thereafter directly or indirectly represent or assist any owner of property within the Project in any matter concerning the acquisition of such property by the Agency. SECTION 503 HOLD HARMLESS Contractor shall indemnify and save harmless Agency and the City of Santa Ana, their officers and employees, against any and all damages to property or injuries to or death of any person or persons, including pr9pertyand employees or agents of agency and city, and shall defend, indemnify and save harmless agency ~nd city from any and all claims, demands, suits, actions or pro- ceedings of any kind or nature including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the operations in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of Contractor or its subcontractors. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of Contractor under the terms of this agreement. Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. SECTION 504 WORKER'S COMPENSATION INSURANCE If Contractor now or at anytime during the course of this agreement qualifies as an employer under Labor Code Section 3300, unless the emp1oyee(s) he hires come(s) within those persons excluded under the Labor Code, Contractor shall furnish Agency and the City of Santa Ana with an insurance certificate from his worker's compensation insurance carrier certifying that he carries such insurance, and that the policy shall not be cancelled nor the coverage reduced except upon thirty (30) days prior written notice to Agency and the City of Santa Ana. SECTION 505 INSURANCE . Contractor shall obtain at its sole cost and file with the City Clerk of the City of Santa Ana, prior to exercising any right or obligation pursuant to this agreement, and maintain for the period covered by this agreement, a policy or policies of ~~~-;-~. i/li bi1ity insurance ft.æftiß" A-sengy &nd t}¡E' C'i~y-u[ ßd1'i~ ~..I '¡ ~ffi8_J.'" è",J ~10YOOB, ---iR5urcd or aààiLioua1 lu"uJ."'J., which r /(" 4. , . . . . t . . provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the operations, acts, or omissions of Contractor, its officers, agents or employees. Said policy of insurance shall provide coverage for both bodily injury and property damage in the following minimum amounts: Bodily injury, three hundred thousand dollars ($300,000) each occurrence, property damage, one hundred thousand dollars ($100,000) each occurrence. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to Agency. Contractor shall give to Agency prompt and timely notice of any claim made or suit instituted. SECTION 506 EMPLOYMENT OF RESIDENTS The Contractor is encouraged by the Agency to employ qualified people, when available, from the general project area to assist in providing the services contracted for in this agreement. SECTION 507 EQUAL OPPORTUNITY a. The Contractor certifies that it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status or national origin or ancestry. The Contractor agrees to take affirmative action to insure ~hat applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status or national origin or ancestry. Such action shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in con- spicuous places, available to employees and applicants for employ- ment, notices to be provided by the Agency setting forth the provisions of this non-discrimination clause. b. The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, mari tal status or national origin or ancestry. c. The Contractor agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agree- ment, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. SECTION 508 SUBCONTRACTORS None of the services covered by this agreement shall be sub- contracted without the prior written approval of the Agency. Con- tractor shall be fully responsible to the Agency for performance of subcontractors. SECTION 509 ASSIGNABILITY Contractor shall not assign any interest in this agreement and shall not transfer any interest in this agreement without the prior written approval of the Agency. SECTION 510 AGENT The Contractor is acting as an agent for the Agency in carrying out its relocation and property management in conformance with the 5. . . , . . . I Rules and Regulations adopted by the Agency. The Contractor shall be held harmless by the Agency in any legal action that may be brought by any displaced person against the Agency or Contractor challenging the denial or approval of a relocation payment or challenging the adequacy of the relocation assistance furnished to such displaced person. SECTION 511 NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent to the Agency at 20 Civic Center Plaza, Santa Ana, California 92701, and to the Contractor at 101 Continental Boulevard, Suite 890, El Segundo, California 90245. ~~' ~ f/e -, ....... SECTION 512 TERMINATION . /1'.: }{.~/ Either party, upon thirty (30) day notice in writing to the other, may terminate this agreement and Contractor shall only be entitled to compensation for services performed to the expiration of said thirty (30) day notice. . SECTION 513 OWNERSHIP OF MATERIALS AND DOCUMENTS . Any and all sketches, drawings, tracings, filed survey notes, computations, detail and other materials and documents prepared by the Contractor shall be the property of the Agency from the moment of their preparation and the Contractor shall deliver such materials and documents to the Agency whenever requested to do so by the Agency. SECTION 514 NON-DISCLOSURE The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity except as authorized in writing by the Agency. The Contractor shall not disclose to any other public or private person or entity any information regarding the activities of the Agency, except as authorized in writing by the Agency. SECTION 515 VALIDITY The invalidity in whole or in part of any provisions of this agreement shall not void or effect the validity of any other pro- visions of this agreement. . SECTION 516 LAWS GOVERNING THIS AGREEMENT This agreement shall be governed by and construed in accordance with the laws of the State of California. SECTION 517 EXCLUSIVITY OF AGREEMENT . This agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to employ- ment of the Contractor by the Agency and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements orally or otherwise, have been made by any party, or an~!one acting on behalf of any party, which are not embodied herein, and that no other agree- ment shall be effective unless executed in writing and signed by both the Agency and the Contractor. . , 6. - . . . . t . 'f' . . IN WITNESS WHEREOF, the Agency and the Contractor have executed this agreement as of the date first hereinabove set forth. ATTEST: COMMUNITY RED~lELOPMENT AGENCY OF THE CITY OF SANTA ANA ~~/. RICHARD E. GOBL!RSCH Executive Director BY¥^, )~. ¿j1. ~ JO GARTHE, a1rman PORT AND FLOR, INC. ¡;;;;¡ 2 KEITH GOW, Agency Counsel By /{~ 7J t£;t- 7. " - , . . ,......,-~, u -¡ ~. . . . . , ..- e::-:¡-] 0 0 oo.wõ BOUNDARY FOR THE CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA 3