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
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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
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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
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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.
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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)
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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
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