HomeMy WebLinkAboutRDA AG PKT 2010-10-25 #2 AGENDA STAFF REPORT
DATE: October 25, 2010
TO: Chairman and Agency Members
THRU: David Carmany, Executive Director
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH URBAN FUTURES
INCORPORATED (UFI) FOR PREPARATION OF A
FIVE YEAR IMPLEMENTATION PLAN FOR THE
REDEVELOPMENT PLANS
SUMMARY OF REQUEST:
Adopt Resolution No. 10 -02 approving a Professional Services Agreement (PSA)
between the Redevelopment Agency and Urban Futures Incorporated (UFI) for
completion of a Five Year Implementation Plan for the Redevelopment Plans.
BACKGROUND AND FACTS:
Under California Redevelopment Law, Redevelopment Agencies are required to
review their redevelopment plans (Riverfront Redevelopment Plan and the
Surfside Redevelopment Plan) every 5 years to determine if the goals and
objectives of the original plan are being met and to review projected revenue and
expenditures. As part of the Implementation Plan, Agencies are also required to
review compliance with affordable housing requirements. The most recent
Implementation Plan covered the 5 year period from FY 2004 -2005 through
2008 -2009.
Staff solicited proposals from three firms as follows:
Firm Name Bid Amount
RSG Inc. $20,912.50
Urban Futures, Inc. $15,000.00
Keyser Marston Associates No Bid Submitted
Agenda Item 2
Page 2
Both RSG Inc. and Urban Futures Inc. are well established firms and known
within the redevelopment realm. Each firm has comparable experience preparing
redevelopment Implementation Plans.
Based upon the UFI proposal the outline of Plan preparation process is as
follows:
• Project Kick -off December 2010
• Prepare Redevelopment Fund Program Dec. 2010 — March 2011
• Prepare Low -Mod Income Funding Program Dec. 2010 — April 2011
• Plan Adoption April 2011
FINANCIAL IMPACT:
This project is not part of the current fiscal year budget, but is an eligible
Redevelopment Agency expense. Staff recommends that the Agency Board
approve a $16,000 budget amendment for the project.
RECOMMENDATION:
It is recommended that the Redevelopment Agency Board adopt Resolution No.
10 -02 approving a Professional Services Agreement with Urban Futures Inc., in
an amount not to exceed $16,000 for preparation of the Five Year
Implementation and approve a budget amendment in the amount of $16,000.
SUBMITTED BY: NOTED AND APPROVED:
•
Mark H. Persico, AICP Carmany Q y Manager
Director of Development Services
Attachments:
A. Resolution No. 10 -02
B. Urban Futures Proposal (October 4, 2010)
C. Agreement
ATTACHMENT "A"
RESOLUTION NO. 10 -02
A RESOLUTION OF THE SEAL BEACH REDEVLOPMENT
AGENCY APPROVING AN AGREEMENT WITH URBAN
FUTURES INC. FOR PREPARATION OF A FIVE YEAR
IMPLEMENTATION PLAN
RESOLUTION NUMBER 1 0 -02
A RESOLUTION OF THE SEAL BEACH REDEVLOPMENT
AGENCY APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH URBAN FUTURES INC. FOR THE
PREPARATION OF FIVE YEAR IMPLEMENTATION PLAN
THE SEAL BEACH REDEVLOPMENT AGENCY HEREBY RESOLVES AS
FOLLOWS:
Section 1. The Seal Beach Redevelopment Agency hereby approves the
Professional Services Agreement between the Seal Beach Redevelopment
Agency and Urban Futures, Inc. for preparation of Five Year Implementation
Plan (not to exceed $16,000).
Section 2. The Agency hereby approves the budget amendment in the
amount of $16,000 for this project.
Section 3. The Agency hereby directs the Executive Director to execute the
Professional Services Agreement with Urban Futures, Inc.
PASSED, APPROVED and ADOPTED by the Seal Beach Redevelopment
Agency at a regular meeting held on the 25th day of October , 2010 by
the following vote:
AYES: Agency Members
NOES: Agency Members
ABSENT: Agency Members
ABSTAIN: Agency Members
Chairman
ATTEST:
Secretary/City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 10 -02 on
file in the office of the City Clerk, passed, approved, and adopted by the Seal
Beach Redevelopment Agency at a regular meeting held on the 25th day of
October , 2010.
Secretary/City Clerk
ATTACHMENT "B"
PROPOSAL FROM URBAN FUTURES INC.
(OCTOBER 4, 2010)
t.
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Redevelopment Agency , ,
A Proposal to Prepare
A Five Year Implementation Plan
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''ate
Prepared by:
U URBAN FUTURES 1 lnco porn ec
A Proposal to Prepare a Five -Year Implementation Plan for the
City of Seal Beach Redevelopment Agency
Prepared By:
UFI URBAN FUTURES 1 incorporated
Corporate Office:
3111 North Tustin, Suite 230
Orange, CA 92865
Phone: (714) 283 -9334
Fax: (714) 283 -5465
Northem California Office:
1470 Maria Lane, Suite 315
Walnut Creek, CA 94596
Phone: (925) 478 -7450
Fax: (925) 658 -2583
www.urbanfuturesinc.com
October 4, 2010
UFI URBAN FUTURES 1 Incorporated
October 4, 2010
Mr. Mark Persico, AICP •
Director of Development Services
City of Seal Beach Redevelopment Agency
211 Eighth Street
Seal Beach, California 90740
Re: Proposal for Preparation of a Redevelopment Implementation Plan
Dear Mr. Persico:
In response to your Request for Proposal letter of September 15, 2010, we are pleased to submit Urban
Future's proposal to prepare the Seal Beach Redevelopment Agency's Five -Year Implementation Plan
for the period 2009 -10 through 2013 -14. In the last 18 months, UFI has completed thirty -one (31)
Implementation Plans for agencies throughout the State with eight (8) more in process. Our full - service
approach to redevelopment planning and financing affords our clients maximum flexibility to craft
community development and housing programs that fulfill the community's expectations.
We are confident that our intimate knowledge of California Community Redevelopment Law and the
extensive experience and capabilities of our professional staff in all aspects of redevelopment
administration will be of significant assistance to Seal Beach. Given our qualifications, we believe we
are uniquely able to provide the needed consulting services in an innovative, comprehensive and
effective manner.
We look forward to assisting Seal Beach with its Implementation Plan. If you have any questions or
need additional information, please contact Bill Kelly, Managing Principal, at (714) 283 -9334 or
williamk @urbanfuturesinc.com.
Sincerely,
URBAN FUTURES, INC.
W
Marshall Linn
CEO
3111 N. Tustin, Suite 230 Orange, CA 92865 -1753 • (714) 283 -9334 Business • (714) 283 -5465 FAX
Table of Contents K,h:
Section 1 - Introduction 1
Section 2 - Experience 2
Section 3 - Methodology 3
Section 4 - Client References 7
Section 5 - Staff Resumes 8
Section 6 - Proposal Fee 10
Section 7 - Timeline 11
Introduction ________
Urban Futures, Inc. ( "UFI ") is pleased to submit this proposal for the preparation of the 2010 -2014
Implementation Plan (the "Implementation Plan ") for the Riverfront and Surfside Redevelopment
Projects of the Seal Beach Redevelopment Agency (the "Agency ") pursuant to all applicable
provisions of the California Community Redevelopment Law ( "CCRL "; Health and Safety Code
Section 33000 et seq.), most specifically, CCRL Section 33490. CCRL Section 33490, among
other requirements, obligates redevelopment agencies to prepare a new implementation plan every
five years, conduct a public hearing for the purpose of reviewing redevelopment programs,
projected expenditures, and corresponding goals and objectives, and to generally evaluate the
progress of ongoing redevelopment projects.
If you have any questions about this proposal please feel free to contact Mr. Bill Kelly. His contact
information is listed below.
William R. "Bill" Kelly
Managing Principal
3111 North Tustin, Suite 230
Orange, CA 92856
(714) 283 -9334
williamk @urbanfuturesinc.com
1 �':
ExperDence
Urban Futures - Company Background
Urban Futures, Inc. (UFI) is a full service municipal consulting firm serving local government
primarily in the State of California. The firm was founded in 1972. It is the largest solely- owned,
financial and redevelopment consulting firm in the State. UFI is a closely held California
corporation with offices in the cities of Orange and San Francisco, California.
Since our founding, UFI has served over 200 governmental entities in various capacities. We have
helped many California cities serve their businesses and residents by working to create sound
fiscal policies and management practices.
Here is what we believe UFI "brings to the table ":
• Extensive knowledge of redevelopment that only comes from assisting in the formation of
agencies and the adoption of project area plans and amendments;
• A team of professionals with a combined 120+ years of redevelopment and municipal finance
experience;
• Analytic sophistication that fosters a multi- disciplinary approach to problem solving regardless
of project size or type; and
• Continuity of service; UFI is small enough so that there is never a break in the
client /professional network, yet large enough to offer a full range of services.
The greatest strength lies in the fact that our firm can combine these necessary services into a
comprehensive whole. This combination enables UFI to develop a much greater depth of
understanding of your community.
Urban Futures - Services Offered
UFI offers public clients a wide range of specialized services 'including finance, planning,
redevelopment, and management. Our specific lines of business include the following:
Housing Program Services Community Development & Grant Programs
Financial Advisory Services RDA Plan Adoptions & Amendments
Economic Development Services RDA Implementation Plans
Project Negotiations Fiscal Consultant Report Preparation
Real Estate Management Single & Multifamily Housing Compliance
Continuing Disclosure Services Management Advisory & Administration
Currently, Urban Futures employs 36 individuals including 23 professionals and 13
paraprofessional and support staff. The firm's CEO, Marshall Linn, continues to bring his 41 -years
worth of experience, leadership and vision to the company he founded.
Even though UFI has expanded into many new areas of local government consulting, our core
practice still focuses on planning, redevelopment, economic development, housing and financial
advisory services.
2
Methodology
The preparation of the Seal Beach Five -Year Implementation Plan will employ the following
methodology which will be conducted in close cooperation with the Agency's staff.
TASK 1 DEVELOPMENT OF BACKGROUND INFORMATION
1.1 UFI will identify and then review all of the pertinent information and data sources
necessary to complete this Scope of Work (also referred to herein as the "Project ").
Agency staff will collect and submit these data to UFI.
1.2 UFI will identify and evaluate specific Agency projects and programs (hereinafter
referred to as "Activities ") which the Agency has completed or initiated during the
previous planning period (2005- 2009). Both general redevelopment Activities and
those funded from the Low and Moderate Income (LMI) Housing Fund will be
considered. UFI will review previous implementation plans and data provided by Seal
Beach staff to identify and catalogue Activities. UFI will establish and document the
required ongoing nexus between Agency Activities and blight reduction in the Project
Area.
1.3 UFI will analyze the time limits and fiscal limits of the Plan to determine compliance with
CCRL Sections 33334.2 and 33334.4, assess the affects (if any) that Plan limits may
have on the Agency's 2010 -2014 goals and objectives, and determine potential
opportunities for Plan limit modifications.
1.4 UFI will determine the status of the Agency's compliance with recent State legislation
that mandates certain Agency actions (SB 53, SB 1809, AB 987, AB 1389) and permits
other discretionary Agency actions (SB 211, SB 1045, SB 1096).
TASK 2 2010 -14 COMMUNITY DEVELOPMENT IMPLEMENTATION PLAN
2.1 Based on Agency provided financial data, UFI will prepare a preliminary five -year cash
flow proforma (fiscal years 2009 -10 to 2013 -14) for the General Redevelopment Fund
including a beginning balance, income (from tax increments, proceeds of bonds,
interest income, and other income), known expenditures (administration, pass through
payments, debt payments, programs /activities, and miscellaneous expenditures), and
provide a projected ending balance
2.2 UFI will work with Agency staff to establish goals and objectives for the 2010 -2014
Implementation Plan as well as potential Agency activities /programs to achieve these
goals. This Task will include: i) an analysis of whether to include any unmet goals and
objectives from the previous implementation term; and ii) as necessary,
recommendations on how the Agency could be more effective in achieving its goals and
objectives.
3
Methodology
2.3 Working with Agency staff, UFI will determine approximate annual costs for Agency
activities to implement the goals and objectives identified in Task 2.2. The
Implementation Plan will group these activities generally into three categories: i)
economic development; ii) community facilities and infrastructure; and iii) affordable
housing. The economic development and community facilities /infrastructure Activities
are a component of the General Redevelopment Fund budget; housing Activities are
included in the LMI Housing Fund budget.
2.4 Once the cost of these activities has been determined, UFI will revise the final five -year
cash flow proforma for the General Redevelopment Fund to determine the overall
feasibility of the proposed Community Development Implementation Plan. UFI will work
with Agency staff to modify the scope of activities to insure financial stability for the five -
year period covered by the Plan.
TASK 3 TEN -YEAR HOUSING COMPLIANCE PLAN
3.1 In accordance with all aspects of CCRL Section 33413, UFI will examine historic
housing production data from the inception of the Project through the period covered by
the previous Implementation Plan to determine the status of Agency compliance with
inclusionary and replacement housing regulations. The completion of this particular
analysis assumes that if required detailed information is missing in the previous
Implementation Plans, Agency staff will provide specific counts for all housing which
has been enforceably restricted pursuant to CCRL Section 33413 both within and
outside the Project Area, and all expenditures from the LMI Fund for affordable housing.
3.2 Based upon information compiled in Task 3.1 UFI will determine whether the Agency is
in a deficit or surplus unit position in either of the inclusionary or replacement housing
categories, and how either of those positions will affect the Agency during the term of
the 2010 -14 Implementation Plan, subsequent five year planning cycle, and life of the
plan, as appropriate.
3.3 Based on Agency - provided financial data and the analysis completed in Task 2.1, UFI
will prepare a preliminary five -year cash flow proforma (fiscal years 2009 -10 to 2013-
14) for the LMI Housing Fund including a beginning balance, income (from tax
increments, proceeds of bonds, interest income, and other income), known
expenditures (administration, pass through payments, debt payments,
programs /activities, and miscellaneous expenditures), and provide a projected ending
balance
3.4 In accordance with CCRL Section 33334.4, UFI will evaluate Agency 10 -year
expenditure requirements; and determine the appropriate ratio between LMI Housing
Fund expenditures for assistance to housing units which are unrestricted by age of
4 •
• _ • Methodology
resident and the housing units which could be restricted to persons over the age of 65
years, utilizing the latest (2000) US Census Bureau data or American Community
Survey annual updates, as available, and the latest Regional Housing Needs
Assessment.
3.5 In conjunction with Tasks 3.1 and 3.2, if the Agency has, or is projected to have an
inclusionary or replacement housing deficit, UFI will identify the number and type of
housing units needed to erase the deficit during the five -year term of the
Implementation Plan and the subsequent five -year planning cycle or longer, as
appropriate. UFI will also work with Staff to develop housing activities /programs to
eliminate the deficit.
3.6 Once the need for and cost of these housing activities /programs has been determined,
UFI will revise the five -year cash flow proforma for the LMI Housing Fund to determine
the overall feasibility of the proposed Housing Compliance Plan. UFI will work with
Agency staff to modify the scope of housing activities /programs to insure financial
stability for the five -year period covered by the Implementation Plan
3.7 UFI will determine whether the Agency has an "excess surplus" (as defined under
CCRL Section 33334.12(g)(1)) in its LMI housing fund, and how that position will affect
the Agency's long -term, overall fiscal position pursuant to CCRL Sections 33334.10
and 33334.12
TASK 4 DOCUMENT PREPARATION AND PRESENTATION
4.1 UFI will prepare a draft Implementation Plan for staff review and comment. UFI will
provide three administrative draft copies.
4.2 UFI will prepare a public hearing notice. Implementation Plan adoption procedures
include a noticed public hearing, which notice must be posted in a minimum of four (4)
locations in the project area. These postings must be for a minimum of three (3) weeks
ending at least ten (10) days prior to the Agency's hearing. Also, the notice for the
hearing needs to be published once a week for three (3) weeks in a newspaper of
general circulation. The initial notice must be published no fewer than thirty-one (31)
days prior to the hearing. UFI will provide ten public review draft copies.
4.3 UFI will prepare the Final Draft Implementation Plan that includes staff comments.
4.4 UFI will prepare the necessary adopting resolution(s) and Agency staff report.
4.5 UFI will prepare for, attend and present the Final Draft Implementation Plan at the
required public hearing.
5 C'•_•
ME- . • ........ Methodology
4.6 Upon adoption of the Implementation Plan by the Agency, UFI will provide twenty final
copies to Agency staff which will also incorporate the adopting resolution and Agency
staff report.
Y? ar
' ,._
Client References
4
We encourage you to contact the following individuals about our work on behalf of their
redevelopment agencies:
Scott Mitnick, City Manager F.M. Delach, City Manager
City of Thousand Oaks City of Azusa
2100 Thousand Oaks Boulevard 213 East Foothill Boulevard
Thousand Oaks, CA 91362 P.O. Box 1395
(805) 449 -2100 Azusa, CA 91702 -1395
SMitnick fdelach @ci.azusa.ca.us
Services Provided AB 1290 Five -Year Services Provided General redevelopment
Implementation Plan, redevelopment plan staffing provided on a retainer basis, AB 1290
amendment, financial advisor (debt issuance) Five -Year Implementation Plan, financial
advisor (debt issuance), continuing bond
disclosure
Mark V. Bozigian, City Manager Adela Gonzales, City Manager
City of Lancaster City of Soledad
44933 Fern Avenue 248 Main Street
Lancaster, CA 93534 Soledad, CA 93960
(661) 723 -6133 (831- 223 -5063 746 -5002
mbozigian @citvoflancasterca.orq adelag(a�cityofsoledad.com
Services Provided` AB 1290 Five - Year Services Provided AB 1290 Five - Year
Implementation Plan, redevelopment plan Implementation Plan, financial advisor (debt
amendment, redevelopment plan mergers, issuance), continuing bond disclosure
financial advisor (debt issuance), continuing
bond disclosure
Rick Daniels, City Manager Robb Quincey, City Manager
City of Desert Hot Springs City of Upland
65 -950 Pierson Blvd. 460 N. Euclid Avenue
Desert Hot Springs, CA 92240 Upland, CA 91786
Tel: (760) 329 -6411 (909) 931 -4100
rdaniels @cityofdhs.orq rquincey a(�ci.upland.ca.us
Services Provided. AB 1290 Five - Year Services Provided AB 1290 Five - Year
Implementation Plan, Neighborhood Stabilization Implementation Plan, redevelopment plan
Plan, financial advisor (debt issuance), amendments, financial advisor (debt
continuinc bond disclosure issuance), continuing bond disclosure
Staff Resumes �W
�.r
William R. "Bill" Kelly
-
Managing Principal
BILL KELLY, Managing Principal, heads UFI's Man'agement Advisory Department and specializes
in economic development, redevelopment, planning and organizational management. Mr. Kelly
has worked on numerous complicated municipal projects, including public facility bond issues and
construction. Additionally, Mr. Kelly has negotiated complicated economic development
agreements, managed numerous community outreach and focus sessions and has worked with
several cities and organizations developing and implementing strategic plans.
Mr. Kelly joined Urban Futures in 2007 and previously served as the City Manager of the City of
Arcadia and Executive Director of the Redevelopment Agency for 14 years. He has also held
positions of Deputy City Manager, Director of Community Development, Director of Development
Services, and Director of Planning and Building for several California municipalities. He also has
been Chair of the LA County Emergency Medical Services Commission and Vice Chair of the
California State Attorney General's Advisory Committee on the California Law Enforcement
Telecommunication System.
Mr. Kelly has a B.S., City Planning, from California State Polytechnic University, Pomona, an
M.P.A, from the University of Southern California, and an M.B.A, in Management from Claremont
Graduate University. He also did Doctoral work in Executive Management at Claremont Graduate
University.
Mr. Kelly is an Adjunct Professor in the M.P.A. program at the University of Southern California and
serves on the Academic Advisory Board for the Graduate School of Policy, Planning and
Development. He has thirty -eight years of experience and is a member of the International
City /County Management Association (ICMA).
David A. Gruchow
Pr i ncipal
DAVID GRUCHOW, Principal, joined Urban Futures, Inc. in 2009 after a 33 -year career in city
government. For the first 16 years, Mr. Gruchow held staff and management positions in several
departments in the City of Long Beach. For the last 17 years, he served as Assistant City Manager
and Assistant Redevelopment Agency Executive Director for the City of Yorba Linda. During this
career, he gained invaluable first -hand experience in nearly every local government discipline.
8 r.
• Staff Resumes
In addition to his extensive knowledge of government financial and management practices, Mr.
Gruchow's major strength lies in his ability to pull together and manage teams of people to address
complex problems. His active involvement in several high - profile redevelopment projects in Yorba
Linda, as well as his subsequent consulting work for UFI clients, will make him a key member of the
team serving the Seal Beach Redevelopment Agency.
Mr. Gruchow has a B.A., Political Science /Public Administration (Communications Minor), from
California State University, Long Beach, and an M.P.A. from California State University, Long
Beach.
With thirty -three years of experience, Mr. Gruchow is a member of the International City /County
Management Association (ICMA).
•
Nancy Gutierrez
Principal Planner
NANCY GUTIERREZ, has nearly 20 years experience in the fields of community development,
economic development, redevelopment, community revitalization and organizational management.
During her career, she has held responsible positions with the Los Angeles County Community
Development Commission, the Cities of Santa Monica, Corona and Bell Gardens and Urban
Futures, Inc.
With respect to community development matters, her major responsibilities have included
reviewing and processing large -scale specific plans, historic preservation initiatives, multi- species
habitat compliance programs and general land -use entitlement processing. Her major economic
development experience pertains to downtown revitalization, program implementation and the
coordination of public improvements.
In the area of redevelopment and community revitalization, she has planned, developed and
implemented a variety of economic development programs, assisted with the preparation of
numerous redevelopment plan adoptions and administered Community Development Block Grant -
funded programs. She is particularly adept at the coordination of multi- disciplinary functions,
project management and organizational management; a skill that she provided to each of her
employers.
Ms. Gutierrez earned a Bachelor of Science degree from California State University, Long Beach
and a Master of Arts in Urban Planning from the University of California Los Angeles.
•
9
,
Proposal Fee
{4_
UFI will complete the Implementation Plan, subject to the conditions described in this proposal, for
a fixed Professional Services Fee of $15,000. This fee is further defined as follows:
Task 1 Development of Background Information $3,000
Task 2 2010 -14 Community Development Implementation Plan $5,000
Task 3 Ten -Year Housing Compliance Plan $5,000
Task 4 Document Preparation and Presentation $2,000
The Professional Services Fee includes telephone, e-mail and facsimile expenses, postage and
incidental photocopying. The Professional Services Fee does not include out -of- pocket expenses
that may be incurred during process of completing the Implementation plan. Out of pocket
expenses include, but are not limited to all other necessary materials, supplies, services, printing,
electronic data files, travel, etc. All out -of- pocket expenses shall be charged on an actual cost
basis, plus 10 %.
For budgetary purposes, UFI recommends that the Agency set -aside an additional $1,000 to cover
such expenses. Therefore, the total recommended budget for the Scope of Work described above,
with an estimated allocation for out -of- pocket expenses, is $16,000.
Further, in the event that the Agency requires any services that are in addition to the Scope of
Work, which includes, but is not limited to, additional meetings in Seal Beach, such additional
services will be charged on an actual cost basis at the following rates:
CEO /President/Managing Principal $ 225.00
Principal $ 195.00
Associate Staff $ 75.00
Clerical $ 45.00
10 • •
Timeline
Based on the above Methodology and assuming no unexpected problems, UFI will complete the
Implementation Plan for public hearing to be scheduled 16 weeks after the date of Project Initiation.
The accomplishment of this schedule is dependent on the full cooperation of the Agency /City
appropriate /designated staff.
The following is a preliminary schedule. A refined production schedule will be prepared as part of
Task 1.
Preliminary Schedule K :
{
Week - Tasks
1 and 2 Project Initiation and Organization
2 through 10 Prepare General Redevelopment Fund Program
2 through 12 Prepare Low and Moderate Income Housing Fund Program
12 through 16 Plan Preparation and Adoption
--
1 1^ •
ATTACHMENT "C"
AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
FOR PREPARTAION OF A FIVE YEAR
REDEVELOPMENT IMPLEMENTATION PLAN
between
cAa °R
lito a;
7444,. R 2 h -
''`l�,�/NTY, �a�=
Redevelopment Agency of the Agency of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
UFI, Urban Futures Inc.
3111 North Tustin, Suite 230, Orange, CA 92865
(714) 283 -9334
•
This Professional Service Agreement ( "the Agreement ") is made as of October 25, 2010
(the "Effective Date "), by and between UFI, Urban Futures Inc. ( "Consultant "), a
, and the Redevelopment Agency of the Agency of Seal Beach
( "Agency "), (collectively, "the Parties ").
1 of 11
RECITALS
A. Agency desires certain professional services.
B. Consultant represents that it is qualified and able to provide Agency with
such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in accordance
with the standard of care generally exercised by like professionals under similar
circumstances and in a manner reasonably satisfactory to the Agency.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the Agency authorizes such work in advance and in
writing. The Agency Executive Director may authorize payment for such work up to a
cumulative maximum of $10,000. Payment for additional work in excess of $10,000
requires prior Agency authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of two- hundred seventy (270) days unless previously terminated as
provided by this Agreement.
3.0 Consultant's Compensation
Agency will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit B for Services but in no event will the Agency pay more
than $ 16,000 . Any additional work authorized by the Agency pursuant to Section
1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B.
2 of 11
4.0 Method of Payment
4.1. Consultant shall submit to Agency monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days
of the end of the month during which the services were rendered and shall describe in
detail the services rendered during the period, the days worked, number of hours
worked, the hourly rates charged, and the services performed for each day in the
period. Agency will pay Consultant within 30 days of receiving Consultant's invoice.
Agency will not withhold any applicable federal or state payroll and other required taxes,
Or other authorized deductions from payments made to Consultant.
4.2. Upon 24 -hour notice from Agency, Consultant shall allow Agency or
Agency's agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other records
maintained by Consultant in connection with this Agreement. Agency's rights under this
Section 4.2 shall survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by Agency, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by Agency upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The Agency Executive Director Manager is the Agency's representative
for purposes of this Agreement.
6.2. William Kelly, Managing Principal, is the Consultant's primary
representative for purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To Agency: Seal Beach Redevelopment Agency
211 -8th Street
Seal Beach, California 90740
Attn: Executive Director
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To Consultant: UFI, Urban Futures Inc.
3111 N. Tustin, Suite 230
Orange, CA 92865 -1753
Attn: William Kelly
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the
Agency. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means, methods, and
details of performing the services. Any additional personnel performing services under
this Agreement on behalf of Consultant shall also not be employees of Agency and shall
at all times be under Consultant's exclusive direction and control. Consultant shall pay
•
all wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless Agency and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of Agency officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from
Consultant's personnel practices. Agency shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to Agency
from Consultant as a result of Consultant's failure to promptly pay to Agency any
reimbursement or indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the Agency. Consultant is fully responsible to Agency for the performance
of any and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of Agency. Any purported
assignment without such consent shall be void and without effect.
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11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the Agency that Consultant has secured all insurance
required under this Section. Consultant shall furnish Agency with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the Agency. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by the Agency if requested. All certificates and
endorsements shall be received and approved by the Agency before work commences.
The Agency reserves the right to require complete, certified copies of all required
insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of this Agreement. Insurance
is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,
licensed to do business in California, and satisfactory to the Agency. Coverage shall be
at least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); and, if required by the Agency, (3) Professional
Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000
per occurrence for bodily injury, personal injury and property damage and if Commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and
(3) Professional Liability: $1,000,000 per claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the Agency to state:
(1) coverage shall not be suspended, voided, reduced or canceled except after 30 days
prior written notice by certified mail, return receipt requested, has been given to the
Agency; (2) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the Agency, its
directors, officials, officers, (3) coverage shall be primary insurance as respects the
Agency, its directors, officials, officers, employees, agents and volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self- insurance maintained by the
Agency, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant's insurance and shall not be called upon to contribute with it;
(4) for general liability insurance, that the Agency, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect
to the services or operations performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work; and (5) for
automobile liability, that the Agency, its directors, officials, officers, employees, agents
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and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard separation of
insureds provisions and shall not contain any special limitations on the scope of
protection afforded to the Agency, its directors, officials, officers, employees, agents,
and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the Agency. Consultant guarantees that, at the option of the Agency,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the Agency, its directors, officials, officers, employees, agents,
and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of
losses and related investigation costs, claims and administrative and defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the Agency, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of
Agency officials (collectively "Indemnities ") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any acts or omissions of Consultant, its employees, or its agents in
connection with the performance of this Agreement, including without limitation the
payment of all consequential damages and attorneys' fees and other related costs and
expenses, except for such loss or damage arising from the sole negligence or willful
misconduct of the Agency. With respect to any and all such aforesaid suits, actions, or
other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense,
and risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall reimburse Agency and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Consultant, the Agency, its directors, officials, officers,
employees, agents or volunteers. All duties of Consultant under this Section shall
survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non - discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self- insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code § §1090 and 87100) in any decision made by Agency on
any matter in connection with which Consultant has been retained.
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20.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
Agency shall have the right, at its sole and absolute discretion, to terminate this
Agreement without further liability, or to deduct from any sums payable to Consultant
hereunder the full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of Agency has any interest, whether contractual, non - contractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to Agency, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing
party all of its attorneys' fees and other costs incurred in connection therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that by his
or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
SEAL BEACH REDEVELOPMENT CONSULTANT
AGENCY
B anti* s9.030
By:
Name: toLt4r� . 4 Iti
David Carmany
Executive Director Its: ; v'
Attest:
By: B y:
Linda Devine Name:
Agency Secretary
Its:
Approved as to Form:
•
By:
Quinn Barrow
Agency Counsel
•
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Exhibit A
Scope of Work
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amp __
..6:,--,1 _
No. i
Methodology
AR A 3
The preparation of the Seal Beach Five -Year Implementation Plan will employ the following
methodology which will be conducted in close cooperation with the Agency's staff.
TASK 1 DEVELOPMENT OF BACKGROUND INFORMATION
1.1 UFI will identify and then review all of the pertinent information and data sources
necessary to complete this Scope of Work (also referred to herein as the "Project ").
Agency staff will collect and submit these data to UFI.
1.2 UFI will identify and evaluate specific Agency projects and programs (hereinafter
referred to as "Activities ") which the Agency has completed or initiated during the
previous planning period (2005- 2009). Both general redevelopment Activities and
those funded from the Low and Moderate Income (LMI) Housing Fund will be
considered. UFI will review previous implementation plans and data provided by Seal
Beach staff to identify and catalogue Activities. UFI will establish and document the
required ongoing nexus between Agency Activities and blight reduction in the Project
Area.
1.3 UFI will analyze the time limits and fiscal limits of the Plan to determine compliance with
CCRL Sections 33334.2 and 33334.4, assess the affects (if any) that Plan limits may
have on the Agency's 2010 -2014 goals and objective and determine potential
opportunities for Plan limit modifications.
1.4 UFI will determine the status of the Agency's compliance with recent State legislation
that mandates certain Agency actions (SB 53, SB 1809, AB 987, AB 1389) and permits
other discretionary Agency actions (SB 211, SB 1045, SB 1096).
TASK 2 2010 -14 COMMUNITY DEVELOPMENT IMPLEMENTATION PLAN
2.1 Based on Agency provided financial data, UFI will prepare a preliminary five -year cash
flow proforma (fiscal years 2009 -10 to 2013 -14) for the General Redevelopment Fund
including a beginning balance, income (from tax increments, proceeds of bonds,
interest income, and other income), known expenditures (administration, pass through
payments, debt payments, programs /activities, and miscellaneous expenditures), and
provide a projected ending balance
2.2 UFI will work with Agency staff to establish goals and objectives for the 2010 -2014
Implementation Plan as well as potential Agency activities /programs to achieve these
goals. This Task will include: i) an analysis of whether to include any unmet goals and
objectives from the previous implementation term; and il) as necessary,
recommendations on how the Agency could be more effective in achieving its goals and
objectives.
IN
t Methodology
2.3 Working with Agency staff, UFI will determine approximate annual costs for Agency
activities to implement the goals and objectives identified in Task 2.2. The
Implementation Plan will group these activities generally into three categories: i)
economic development; ii) community facilities and infrastructure; and iii) affordable
housing. The economic development and community facilities /infrastructure Activities
are a component of the General Redevelopment Fund budget; housing Activities are
included in the LMI Housing Fund budget.
2.4 Once the cost of these activities has been determined, UFt will revise the final five -year
cash flow proforma for the General Redevelopment Fund to determine the overall
feasibility of the proposed Community Development Implementation Plan. UFI will work
with Agency staff to modify the scope of activities to insure financial stability for the five -
year period covered by the Plan.
TASK 3 TEN -YEAR HOUSING COMPLIANCE PLAN
3.1 In accordance with all aspects of CCRL Section 33413, UFI will examine historic
housing production data from the inception of the Project through the period covered by
the previous Implementation Plan to determine the status of Agency compliance with
inclusionary and replacement housing regulations. The completion of this particular
analysis assumes that if required detailed information is missing in the previous
Implementation Plans, Agency staff will provide specific counts for all housing which
has been enforceably restricted pursuant to CCRL Section 33413 both within and
outside the Project Area, and all expenditures from the LMI Fund for affordable housing.
3.2 Based upon information compiled in Task 3.1 UFI will determine whether the Agency is
in a deficit or surplus unit position in either of the inclusionary or replacement housing •
categories, and how either of those positions will affect the Agency during the term of
the 2010 -14 Implementation Plan, subsequent five year planning cycle, and life of the
plan, as appropriate.
3.3 Based on Agency - provided financial data and the analysis completed in Task 2.1, UFI
will prepare a preliminary five -year cash flow proforma (fiscal years 2009 -10 to 2013-
14) for the LMI Housing Fund including a beginning balance, income (from tax
increments, proceeds of bonds, interest income, and other income), known
expenditures (administration, pass through payments, debt payments,
programs /activities, and miscellaneous expenditures), and provide a projected ending
balance
3.4 In accordance with CCRL Section 33334.4, UFI will evaluate Agency 10 -year
expenditure requirements; and determine the appropriate ratio between LMI Housing
Fund expenditures for assistance to housing units which are unrestricted by age of
ME
t4�°:
ro Methodolo
resident and the housing units which could be restricted to persons over the age of 65
years, utilizing the latest (2000) US Census Bureau data or American Community
Survey annual updates, as available, and the latest Regional Housing Needs
Assessment.
3.5 In conjunction with Tasks 3.1 and 3.2, if the Agency has, or is projected to have an
inclusionary or replacement housing deficit, UFI will identify the number and type of
housing units needed to erase the deficit during the five -year term of the
Implementation Plan and the subsequent five -year planning cycle or longer, as
appropriate. UFI will also work with Staff to develop housing activities /programs to
eliminate the deficit.
3.6 Once the need for and cost of these housing activities /programs has been determined,
UFI will revise the five -year cash flow proforma for the LMI Housing Fund to determine
the overall feasibility of the proposed Housing Compliance Plan. UFI will work with
Agency staff to modify the scope of housing activities /programs to insure financial
stability for the five -year period covered by the Implementation Plan
3.7 UFI will determine whether the Agency has an "excess surplus" (as defined under
CCRL Section 33334.12(g)(1)) in its LMI housing fund, and how that position will affect
the Agency's long -term, overall fiscal position pursuant to CCRL Sections 33334.10
and 33334.12
TASK 4 DOCUMENT PREPARATION AND PRESENTATION
4.1 UFI will prepare a draft Implementation Plan for staff review and comment. UFI will
provide three administrative draft copies.
4.2 UFI will prepare a public hearing notice. Implementation Plan adoption procedures
include a noticed public hearing, which notice must be posted in a minimum of four (4)
locations in the project area. These postings must be for a minimum of three (3) weeks
ending at least ten (10) days prior to the Agency's hearing. Also, the notice for the
hearing needs to be published once a week for three (3) weeks in a newspaper of
general circulation. The initial notice must be published no fewer than thirty -one (31)
days prior to the hearing. UFI will provide ten public review draft copies.
4.3 UFI will prepare the Final Draft Implementation Plan that includes staff comments.
4.4 UFI will prepare the necessary adopting resolution(s) and Agency staff report.
4.5 UFI will prepare for, attend and present the Final Draft implementation Plan at the
required public hearing.
5 r�
Methodology
4.6 Upon adoption of the Implementation Plan by the Agency, UFI will provide twenty final
copies to Agency staff which will also incorporate the adopting resolution and Agency
staff report.
6
Exhibit B
Cost Proposal
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P roposa Fey ; i
R
UFI will complete the Implementation Plan, subject to the conditions described in this proposal, for
a fixed Professional Services Fee of $15,000. This fee is further defined as follows:
Task 1 Development of Background Information $3,000
Task 2 2010 -14 Community Development Implementation Plan $5,000
Task 3 Ten -Year Housing Compliance Plan $5,000
Task 4 Document Preparation and Presentation $2,000
The Professional Services Fee includes telephone, e-mail and facsimile expenses, postage and
incidental photocopying. The Professional Services Fee does not include out -of- pocket expenses
that may be incurred during process of completing the Implementation plan. Out of pocket
expenses include, but are not limited to all other necessary materials, supplies, services, printing,
electronic data files, travel, etc. All out -of- pocket expenses shall be charged on an actual cost
basis, plus 10 %.
For budgetary purposes, UFI recommends that the Agency set -aside an additional $1,000 to cover
such expenses. Therefore, the total recommended budget for the Scope of Work described above,
with an estimated allocation for out -of- pocket expenses, is $16,000.
Further, in the event that the Agency requires any services that are in addition to the Scope of
Work, which includes, but is not limited to, additional meetings in Seal Beach, such additional
services will be charged on an actual cost basis at the following rates:
CEO /President/Managing Principal $ 225.00
Principal $ 195.00
Associate Staff $. 75.00
Clerical $ 45.00
.mss
10 • .