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HomeMy WebLinkAbout2009-08-25 RDA Item No. 5CITY OF i/g,5 LADELSIIYOI~E DREAM EXTREME. REPORT TO REDEVELOPMENT AGENCY TO: FROM: DATE: SUBJECT: Background HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY ROBERT A. BRADY EXECUTIVE DIRECTOR AUGUST 25, 2009 AGREEMENT FOR CONTRACT REDEVELOPMENT PROJECT MANAGER Steve McCarty currently serves as Redevelopment Project Manager. As you may already know, Steve was awarded a Rhodes Scholarship and will be studying overseas. His last day at the Agency is September 11, 2009. Agency staff has identified a need for an experienced redevelopment professional to provide temporary part-time assistance to the Agency through the end of this fiscal year (i.e June 30, 2010) to assist existing staff with the various redevelopment tasks now facing the Agency. Discussion The Agency currently has several matters that necessitate preparation and/or oversight by a skilled redevelopment project manager. Those items include: • Implementation Plan - an updated 2009-1014 Implementation Plan is due by December 2009. • Business Incubator Project - managing existing Agency owned properties and working with Agency Counsel to acquire the remaining property, monitoring and potential relocation of Main Street tenants, and oversight/compliance with the EDA Grant. • Pottery Court - ongoing relocation efforts, implementation of DDA including land transfers to Agency and to Pottery Court, tax defaulted property acquisition and finalization and implementation of HOPE VI Loan Agreement and oversight/compliance with HUD HOPE VI Main Street Grant terms • RHDC - implementation of NSP Program acquisition/rehabilitation with RHDC RDA August 25, 2009 Item No. 5 Page 1 of 4 Agreement for Contract Redevelopment Project Manager August 25, 2009 Page 2 • Affordable Housing - Monitoring compliance of existing units, evaluating proposed new affordable housing projects, completing annual reports to HCD • Downtown Master Plan - assist in preparation and implementation • Economic Development - assist in business attraction and retention efforts • Finance - assist finance team in preparation of annual reporting forms, evaluation of budget issues After expressing interest in redevelopment, Associate Planner Justin Carlson has been working closely with Steve McCarty to insure a permanent City/Agency employee is available to address redevelopment issues in the future. However, with only a few months redevelopment experience, Justin will require assistance to address the complexities of the pending redevelopment issues. In order to bridge this experience gap, staff proposes to hire Steve Soto on a contract basis for approximately 50 hours per month. Steve has over 30 years of redevelopment and economic experience and most recently served in a similar independent contract basis for the Placentia Redevelopment Agency. Staff proposes to utilize a standard form personal services agreement identical to that used with other City contractors providing in-house services. Staff further proposes that Steve Soto commence work on September 1, 2009 in order to allow sufficient transition time with Steve McCarty. Fiscal Impact The total authorization requested is $50,000 from the Agency's administration budget. This cost will be largely offset by salary savings resulting from the departure of Steve McCarty. Recommendation It is recommended that the Agency Board authorize the Executive Director to execute a personal services agreement in the form attached hereto with Steve Soto in an amount not to exceed $50,000. Prepared by: Barbara Leibold Agency Counsel Approved by: Robert A. Brady Executive Director RDA August 25, 2009 Item No. 5 Page 2 of 4 PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into on 20_. by the Redevelopment Agency of the City of Lake Elsinore, a public body corporate and politic, party of the first part, hereinafter referred to as AGENCY, and CONTRACTOR STEVE SOTO FOR USE BY CITY MANAGER'S OFFICE ONLY S.S/E.I.N. NO. Vendor # Amount $ Acct. MAILING ADDRESS Purchase Order # Obj. Code CITY, STATE, ZIP City Division ACCT. To Be Chgc PHONE NUMBER ( ) Document Preparer Ext. or Telephone # party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From SEPTEMBER 1. 2009 To JUNE 30. 2010 WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the AGENCY agrees to pay CONTRACTOR the following amount: One Hundred Dollars ($100.00) per hour on to 50 hours per week not to exceed Fifty thousand Dollars ($50,000) for the Contract Period. Task Statement: The responsibilities of the CONTRACTOR are to serve at the request of the Executive Director to assist in AGENCY matters, including, without limitation: -Implementation Plan - updated 2009-1014 Implementation Plan. -Business Incubator Proiect - managing existing Agency owned properties and working with Agency Counsel to acquire the remaining property, monitoring and potential relocation of Main Street tenants, and oversight/compliance with the EDA Grant. -Pottery Court - ongoing relocation efforts, implementation of DDA including land transfers to Agency and to Pottery Court, tax defaulted property acquisition and finalization and implementation of HOPE VI Loan Agreement and oversight/compliance with HUD HOPE VI Main Street Grant terms -RHDC - implementation of NSP Program acquisition/rehabilitation with RHDC -Affordable Housing - Monitoring compliance of existing units, evaluating proposed new affordable housing projects, completing annual reports to HCD -Downtown Master Plan - assist in preparation and implementation -Economic Development - assist in business attraction and retention efforts -Finance - assist finance team in preparation of annual reporting forms, evaluation of budget issues TERMS AND CONDITIONS i. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of AGENCY or the City of Lake Elsinore (CITY). CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to AGENCY's or CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the AGENCY and the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this Agreement without written consent of AGENCY. RDA August 25, 2009 Item No. 5 Page 3 of 4 4. CERTIFICATION OF EMPLOYMENT STATUS -By signing this Agreement, CONTRACTOR certifies that he/she is not an employee of the AGENCY or the CITY. 5. APPLICABLE LAW - This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this Agreement with the AGENCY, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the CONTRACTOR relevant to this Agreement are subject to examination by the AGENCY. 7. TERMINATION - This Agreement may be terminated by AGENCY immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this Agreement, except working notepad internal documents, shall become the property of AGENCY upon payment to CONTRACTOR for such work, and AGENCY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. .~r.r******~»ea***+***~~.*r~s*r**sw*+****r*►*.*x.~~r.xrr****r****~*+*~xx.~x***w**~****~.~r+*x**wr~a**+~x.~x RETURN TO: REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: EXECUTIVE DIRECTOR IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of 120 REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONTRACTOR Executive Director (Contractor Must Sign Here) x**«~**+***a*~+.*~*.►~*r**r*rr*s**sw*+****a******.~m~.>K►*******rr**w**«*****~.*~~a:~~**r**~*****»<x~~***rwrr* NON-DISCRIMINATION CLAUSE The Redevelopment Agency of the City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. RDA August 25, 2009 Item No. 5 Page 4 of 4