HomeMy WebLinkAbout2002-225
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(See Companion Resolution CDC/2002-23)
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RESOLUTION NO: 2002-225
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
AUTHORIZING THE MAYOR, OR HER DESIGNEE TO EXECUTE THE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
FOR THE PROVISION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS IN
NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA#1.
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WHEREAS, on September 7, 1999, the Redevelopment Agency of the City of San Bernardino (th
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"Agency") and the County of San Bernardino of the State of California (the "County") enter into
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Cooperative/Delegate Agency Agreement (the "Cooperative Agreement") for use of the Neighborhoo
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Initiative Program (NIP) Grant funds awarded to the County, by the U. S. Department of Housing an
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Urban Development (HUD), to use within the boundaries of the Agency and County NIP Areas
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including, but not limited to, NIP Area I bounded by 0 Street to the west, Sierra Way to the east, 18
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Street to the North and 13th Street to the South as shown on Exhibit A attached hereto and incorporate
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herein by reference ( the "NIP Area I "); and
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WHEREAS, the mission of the Neighborhood Initiative Program is the preservation an
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revitalization of neighborhoods through maximizing opportunities afforded by the availability and th
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leveraging of the $15 Million federal Neighborhood Initiative Grant Fund; and
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WHEREAS, the goals of the Ncighborhood Initiative Program are to eradicate blight in th
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neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City and th
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County, increase the percentage of owner-occupied residences by concentrating on first time homebuyers
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maximize neighborhood participation, involve and commit Agency and County agencies and thei
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resources, intensify code enforcement activities, public infrastructure and public improvements, and t
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maximize and leverage the use of successful City and or Agency programs and available publi
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resources; and
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WHEREAS, pursuant to said Cooperative Agreement the County has awarded the Agency NI
Grant Funds in the amount of $300,000 ("Special Grant Funds") to carry out certain public improvement
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2002-225
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described herein (the "Project") to be installed at various locations within NIP Area I which are intende
to stimulate private investment and benefit low and moderate income residents within NIP Area 1; and
WHEREAS, in the interest of time and in order to realize economies of scale, the Agency desire
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to engage the services of the City, and the City accepts such responsibility, to help implement the Projec
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as described in Section 2 of the Agreement.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Mayor or hislher designee, is hereby authorized to enter into an Agreement between
the Agency and the City of San Bernardino for the construction of the necessary infrastructure
improvements in NIP #1.
Section 2. The Mayor or hislher designee, is hereby authorized to make minor corrections, additions
and clarifications to the Agreement, provided said changes are not substantive in nature and do not
increase the monetary impact or obligation to the City pursuant to the Agreement.
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2002-225
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
AUTHORIZING THE MAYOR, OR HER DESIGNEE TO EXECUTE THE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
FOR THE PROVISION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS IN
NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA#1.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the
, 2002, by the following vote to wit:
Ayes
Nays
Abstain Absent
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x
x
x
x
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x
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R.ctQ (tel dJ. ~10JLlJ
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The foregoing resolution is hereby approved this 3 (c.1 day of Jul , 2002.
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Approved as to form and Legal Content:
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By: ' ~ 9 1('
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CDCj2002-23
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CITY OF SAN BERNARDINO
EXHIBIT IIAII NIP AREA #1
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Access Ramp
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Legend:
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NIP Project Area Sa BeriUllll ~
CITY OF SAN BERNARDINO
NIP REPAIR LOCATIONS
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CDC/2002-23
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NEIGHBORHOOD INITIATIVE PROGRAM (NIP) - REVITALIZATION AND
INFRASTRUCTURE IMPROVEMENT PROJECT IN NIP TARGET AREA #1
THIS REVITALIZATION AND INFRASTRUCTURE IMPROVEMENT
AGREEMENT (the "Agreement") is dated as of July I, 2002, by and between the City of San
Bernardino (the "City") and the Redevelopment Ageney of the City of San Bernardino (the
"Ageney") and is entered into in light of the facts set forth in the following Recitals:
- - RECITALS --
WHEREAS, on September 7, 1999, the Redevelopment Agency of the City of San
Bernardino (the "Agency") and the County of San Bernardino of the State of California (the
"County") enter into a Cooperative/Delegate Agency Agreement (the "Cooperative Agreement")
for use of the Neighborhood Initiative Program (NIP) Grant funds awarded to the County, by the
U. S. Department of Housing and Urban Development (HUD), to use within the boundaries of
the Agency and County NIP Areas, including, but not limited to, NIP Area I bounded by D
Street to the west, Sierra Way to the east, 18 Street to the North and 13th Street to the South as
shown on Exhibit A attached hereto and incorporated herein by reference ( the "NIP Area I");
and
WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and
revitalization of neighborhoods through maximizing opportunities afforded by the availability
and the leveraging of the $15 Million federal Neighborhood Initiative Grant Fund; and
WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in
the neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City
and the County, increase the percentage of owner-()rr,,~;~J residences by concentrating on first
time hornebuyers, maximize involve and cornrnit Agency and
County agencies and their reSOl . (r (. J 1ent activities, public infrastructure
and public improvements, and 0(2 I ('- II 1(( . (f"c '1e use of successful City and or
Agency programs and available Lei rJH- C IX' !;J({JJ -;)3
WHEREAS, pursuant \ ent the County has awarded the
Agency NIP Grant Funds in the i Grant Funds") to carry out certain
public improvements described I stalled at various locations within
NIP Area I which are intended ___._.~ I'"vale mvestment and benefit low and moderate
income residents within NIP Area I; and
WHEREAS, in the interest of time and in order to realize economies of scale, the
Agency desires to engage the services of the City to help implement the Project as described in
Section 2 of this Agreement.
NOW, THEREFORE, THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERARNARDINO DO HEREBY
AGREE AS FOLLOWS:
Section 1. PURPOSE OF AGREEMENT. This Agreement provides for the
design, construction, installation and financing of the public improvements associated with the
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CDC/2002-23
Project for NIP Area I. The general location of NIP Area I is shown on Exhibit "A" attached
hereto and incorporated herein by reference. The Agency shall use and apply the Special Grant
Funds to reimburse the City for the cost of the design, installation and or construction of the
Project within NIP Area I. The City shall be responsible for the design, acquisition and
installation, as well as the management and supervision of all aspects of the design, installation
and construction of the Project improvements in NIP Arca 1. The Project improvements are
described in Section 2 of this Agreement.
Section 2.
DESCRIPTION OF THE PROJECT.
(a) The Project consists of the design, construction and installation in NIP Area 1 of
the following improvements described below under the heading of "Project Improvements":
Proiect Improvements
Estimated Budgct for Proiect
Improvements:
(i) Asphalt and Cross Gutter
(ii) Alleyway improvements
(iii) Sidewalk, driveway approaches
Curb, guttcr, other public street right-of -way
improvements as agreed to by the parties.
$145,000
$ 50,000
$105,000
TOTAL AMOUNT OF CURRENT ESTIMATE
AND SPECIAL GRANT FUNDS AVAILABLE
FOR THE PROJECT:
$300,000
The improvement itcms identified above as (i) through (iii), inclusive are collectively
refcrred to hcrcin as the "Project Improvements".
A map identifying the approximate locations within NIP Area 1 where the Project
Improvements shall be installed is attached as Exhibit "B" to this Agreement.
(b) The City currently cstimates that the cost of the design, installation and
construction of each of the Project Improvements is thc amount indicated in Section 2(a) under
the column heading of "Estimated Budgct for Project Improvements". The City in consultation
with the Agency, may adjust the final amount of the Special Grant Funds allocated under the
Estimated Budget for Project Improvements, and the approval of the Agency of a reallocation of
Special Grant Funds among the Project Irnprovement components of the Project shall not be
unreasonably withheld, conditioned or delayed provided the costs of all the Project
Improvements does not exceed $300,000.
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Section 3. AGENCY FUNDING FOR THE PROJECT. The Agency hereby
agrees to reimburse the City for the cost of design, acquisition and installment of the Project
Improvements in the maximum amount of $300,000. The sole source of funds available to the
Agency to reimburse the City is from the Special Grant Fund dispersed to the Agency by the
County under the Cooperative Agreement, and from no other funds of the Agency. Should the
cost payable by the City for the Project Improvements exceed the Special Grant Fund amount,
the City shall then bear all costs in excess of the Special Grant Fund. The City shall submit
reimbursement invoices to the Agency for actual Project costs incurred on a monthly basis, or at
the election of the City upon completion of the Project Improvements. Said invoices shall be
accompanied with all appropriate documentation and submitted to the Agency evidencing that
the Project Improvement costs have been incurred and the Project Improvements have been
completed in a satisfactory and acceptable condition.
Section 4. SCHEDULE OF PERFORMANCE FOR THE PROJECT. The City shall
complete the preparation of all plans and specifications for the Project Improvcments (including
any refinements of modifications to the estimated budget) within sixty (60) days following the
date of approval of this Agreement and submit such plans and specifications to the Agency for
approval, and such approval shall not be unreasonably withheld, conditioned or delayed.
Following the approval by the Agency of such plans and specifications, the City shall cause the
commencement of construction of the Project Improvements to occur as promptly and feasible
thereafter. The City shall cause the Project Improvements to be completed no later than one
hundred eighty (180) days from the date of said commencement of the Project Improvements.
Except as otherwise provided in this Agreement, approvals required of the Agency or the City, or
any officers, agents or employees of either the Agency or thc City, shall not be unreasonably
withheld and approval or disapproval shall be given within ten (10) days from receipt of such
notice, or ifno time is given, within a reasonable tirne. The Executive Director of the Agency or
the Mayor or his/her designee for the City are authorized to sign on his or her own authority
amendments to this Agreement which are of routine or technical nature, including minor
adjustments to the Schedule of Performance and the Estimated Budget for Projcct Improvements
line item in Section 2 of this Agreement.
Section 5.
CITY SHALL PROVIDE CONSTRUCTION PROJECT
MANAGEMENT SERVICES FOR THE PROJECT
(a) The Agency hereby engages the City to provide construction project managemcnt
services to complete the preparation of all Project Improvements, together with a Project
Improvement plans and specifications, and if applicable, to conduct public works bidding as
required by law with respect to the various components of the Project Irnprovements, either in
whole or in part, and to award and managc and administer cach construction contract for the
Project Improvements as applicable. It is contcmplated that ccrtain Project Improvements
described in Section 2 may be constructed and installed by the City's Public Scrvice Department.
The City hereby accepts such engagement from the Agency and the City agrees to providc, or
cause to be provided, all necessary construction project management supervision and serviccs for
the Projcct, including, without limitation, the following services:
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1. Consulting civil engineering service, as appropriate for all of the plans and
specifications necessary to undertake the Project; and
2. During the construction phase of the Project provide for compliance,
administration, enforcement and inspection of the work and fiscal
accounting as follows:
(A) designate and appoint a qualified individual to act as the
construction project manager of the City under this Agreement for
the Project; and retain all other personnel or services qualified as
necessary for the construction management services provided for
herein;
(B) oversee and review thc Project construction schedules and
management plans and recommend any corrections needed;
(C) inspection services for the Project Improvements;
(D) as necessary, facilitate value engineering or other design changes
to the scope and quality of each of the Project Improvements so as
to ensure that the Projcct is completed using solely the Special
Grant Funds and other funds, if any, contributed by the City;
(E) maintain all appropriate documentation concerning the progress,
supervision and administration and management of the Project
Improvements, including without limitation, time sheets for each
City employee performing work related to the Project. The City
shall comply with all applicable labor laws in connection with the
design, installation and construction of the Project, if applicable. If
the City elects to publicly bid the work of installation of any
component of the Project, the City shall comply with all applicable
provisions of the Public Contractors Code and prevailing wage
laws rclating to such work.
(b) All contracts, work under the contracts, selection and award of the contracts and
other matters related to administration of the contracts, if any, shall be administered in
accordance with laws, ordinances, regulations or other legal requirements pertaining to the City.
Following the approval by the Agency of the final plans and specifications for the Project as set
forth in Section 4, the Agency shall return to the City all required approvals or disapprovals
relating the performance in thc field of any work of the Project Irnprovements within forty-eight
(48) hours after receipt of any request by the City for such approval by the Agency, except ifthc
determincd time for the return of the approval by thc Agency is not on a business day, then the
Agency shall have successive twenty-four (24) extensions of time until the final time for
submitting such approval or disapproval is on the next succeeding busincss day. Failure by the
Agency to so approvc or disapprove any such request within thc required period of timc, taking
into account permitted extensions of time, shall bc deemed to be a waiver of such requcstcd
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approval but shall not be a waiver of any other right or obligation of the Agency to grant
approvals generally as may be required by this Agreernent.
(c) The City shall act as an independent contractor for purposes of this Agreement
and the Agency shall have no control over the selection of personnel or contracts for the carrying
out of the services contemplated for by this Agreement.
Section 6. PERIODIC REVIEW. This Agreement shall be jointly reviewed by
the Agency and the City every sixty (60) days with respect to the management and status of
completion of the Project, and the parties shall consider such changes or amendments to this
Agreement as shall be mutually agreed upon by the parties after due consideration of the
operating experiences or events subsequent to the execution hereof or subsequent to the last
review in accordance with the provisions of Section 14 hereof.
Section 7. DEFAULTS AND REMEDIES. Except as otherwise provided herein,
failure or delay by either party to perform any term or provision of this Agreement constitutes a
default under this Agreement. The non-defaulting party (the "Non-Defaulting Party") shall give
notice of default to the party in default (the "Defaulting Party"), specifying the default
complained of by the Non-Defaulting Party. Failure or delay in giving such notice shall not
constitute a waiver of any default. Except as otherwise expressly provided in this Agreement,
any failures or delays by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies. Delays by either
party in asserting any of its rights and remedies shall not deprive either party of its right to
institute and maintain any actions or proceedings which it may deem necessary to protect, assert
or enforce any such rights or remedies. If the default is not cured within ten days after receipt of
the notice of default if an obligation to pay money, or within 30 days after the notice of default
otherwise, or if such default (other than the payment of money) is ofa type which is not capable
of being cured within 30 days, then if the default is not commenced to be cured within 30 days
after the notice of default and is not cured promptly in a continuous and diligent manner within a
reasonable period of time after commencement, the Non-Defaulting Party may thereafter (but not
before) commence any proceeding to seek any legal or equitable remedy; provided, however, the
Non-Defaulting may seek injunctive relief prior to the above stated cure period having expired if
the Non-Defaulting Party deems such action appropriate.
In addition to specific provisions of this Agreement, performance by either party
hereunder for any obligation other than for the payment of money shall not be deemed to be in
default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, sabotage,
floods, droughts, earthquakes, stonns, fires, lightening, casualties, acts of God, acts of the public
e:lemy, epidemics, quarantine restrictions, the existence of hazardous waste freight embargoes,
lack of transportation, governmental restrictions of priority, governmental delays (to the extent
not resulting from submittals by the City that are not substantially complete), litigation,
unforeseen subsurface conditions, unusually severe weather, inability to secure necessary labor,
materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, the
absence, termination, interruption, denial or failure of renewal of any entitlements, validly
adopted citizens' initiative or referendum, administrative court orders (including pendency
thereof), changes in law or acts or failure to act (to the extent not resulting from submittals from
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the City that are not substantially complete) or any other causes beyond the control or without
the fault of the party claiming an extension of time to perform. An extension of time for any
such cause shall be for the period of the enforced delay and shall commence to run from the time
of the commencement of the cause, if notice by the party claiming such extension is sent to the
other party within 30 days of knowledge of the commencement of the cause. Times of
performance under this Agreement may also be extended by written agreement of the City and
the Agency.
Section 8. LA W GOVERNING.
govern this Agreement.
The laws of the State of California shall
Section 9. SUCCESSOR AND ASSIGNS. This Agreement and the covenants
and conditions contained herein shall be binding upon and inure to the benefit of the successors
and assigns of the Agency and the City, and all references in this Agreement to "Agency" or
"City" shall be deemed to refer to and include al permitted successors and assigns of such party.
Section 10. NOTICES. All notices shall be in writing and presented in person or by
certified or registered United States mail, return receipt requested, postage prepaid, or by
personal delivery, fax transmission that is telephonically verified or by overnight or special
courier delivery made by a nationally recognized delivery service to the addresses set forth
below. Notice presented by United States mail shall be deemed effective the second (2nd)
business day after deposit with the United States Postal Service. This Section shall not in any
manner prevent giving notice by personal service or telephonically verified fax transmission both
forms of notice of which shall be deemed effective upon actual receipt of such personal service
or telephonic verification. Each party may change or modify their address for receipt of written
notice by so notifying the other party in accordance with the notice provisions and in the manner
provided by this Section.
TO CITY:
Attention: Fred Wilson
City Administrator
300 N. "D" Street, City Hall
San Bernardino, California 9240 I
TO AGENCY:
Attention: Gary Van Osdel
Executive Director
201 N. E Street, Suite 301
San Bernardino, California 92401
Section 11. WAIVER. Waiver by any party hereto of any breach by any other
party of any agreement, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other agreement, covenant or condition hereof. Failure of
any party hereto to enforce a provision of this Agreement shall not constitute a waiver of the
right to compel enforcemen~ of the remaining provisions of this Agreement.
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Section 12. SECTION HEADINGS. All section headings contained herein are for
convenience of reference only and are not intended to define or limit the scope of any provision
of this Agreement.
Section 13. ASSIGNMENT. This Agreement may not be assigned in whole or in
part without the prior written consent of the other parties hereto in their sole and absolute
discretion.
Section 14. AMENDMENT. A written instrument duly authorized and executed
by the Agency and the City and approved in a manner required by applicable law may only
amend this Agreement. No amendment to this Agreement shall be binding upon the Agency or
the City unless both parties shall have executed such amendment. The Executive Director of the
Agency and the City Administrator are authorized to make minor changes, additions and
clarifications to this Agreement provided such changes are not substantive in nature.
Section 15. NONDISCRIMINATION. The Agency and the City agree that there
shall be no discrimination against any person or group of persons based on race, color, creed,
religion, sex, marital status, handicap, national origin or ancestry in the performance of this
Agreement.
Section 16. SEVERABILITY. In the event that anyone or more of the sentences,
clauses, paragraphs or sections contained herein is declared invalid, void or illegal, the same
shall be deemed severable from the remainder of this Agreement and shall not affect, impair or
invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained
herein.
Section 17. ENTIRE AGREEMENT. This Agreement contains the entire
understanding and agreement of the parties and cannot be amended without the written consent
of all parties hereto in the manner as provided in Section 14 hereof.
Section 18. TIME. Time is of the essence in the performance of the
obligations, which arise under this Agreement. Subject to the force majeure events or delays set
forth in the second paragraph of Section 7, the City shall complete the Project improvements
promptly in accordance with the schedule set forth in Section 4. The Agency shall honor all
payment disbursement requests of the City promptly upon receipt.
Section 19. EXECUTION. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall constitute but
one and the same Agreement.
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THIS AGREEMENT has been executed by the City and the Agency as of the date
indicated next to the signatures of the authorized officers of each of them as appear below.
CITY
Date:
-, -;r- 0 :;L
City of San Bernardino
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.(/ / (' ( ,---
dit,h Valles, Mayor
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APPROVED AS TO FORM:
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~e1ty Attorney
Date:
'7 I-I';; Z-
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AGENCY
Redevelopment A.g{ncy o!7the
{itY,:2anBerrla.rdl~ ,. /
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Gary yan Osdel, .
ExecUtive Director
APPROVED AS TO FORM
AND LEGAL CONTENT:
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Agency Specia!Counsel
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CDC/2002-23
NEIGHBORHOOD INITIATIVE PROGRAM (NIP) - REVITALIZATION AND
INFRASTRUCTURE IMPROVEMENT PROJECT IN NIP TARGET AREA #1
AMENDMENT NO.1
TO THE AGREEMENT DATED JUNE 3, 2002
BY AND BETWEEN THE
CITY OF SAN BERNARDINO
AND THE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
RECITALS
WHEREAS, on June 3, 2002, the Community Development Commission approved the
Neighborhood Initiative Grant Program (NIP) Target Area #1 Agreement ("Agreement")
between the Redevelopment Agency of the City of San Bernardino ("Agency") and the City of
San Bernardino ("City") for the provision of infrastructure improvements in NIP Target Area # I;
and
WHEREAS, Section 14 of the Agreement authorizes the Executive Director of the
Agency and the City Administrator of the City to make minor changes, additions and
clarifications to the Agreement; and
WHEREAS, in order to satisfy the Department of Housing and Urban Development
(HUD) federal requirements of the Cooperative Delegate Agency Agreement ("Cooperative
Agreement") between the County of San Bernardino ("County") and the Agency, dated
September 7, 1999, the County has requested that the following Sections be included in the
Agreement between the City and Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES OF THE PARTIES AND OTHER GOOD AND VALUABLE
CONSIDERATION, THE AGENCY AND THE CITY AGREE AS FOLLOWS:
Section 1. Section 17 (HUD Requirements) of the Cooperative Agreement between the
County and the Agency dated Septernber 7, 1999 attached hereto as Exhibit "A" are incorporated
into the Agreement and the City shall comply and adhere to all applicable provisions of Exhibit
"A".
Section 2. Except as noted in Section I of this Amendment No. I, all other provisions of the
Agreement shall remain in full force and effect.
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P,ICleric.1 s.,,,,ice. Del'l\Mugard Parker\Diana'. Work\Agr..men15\AMEr<;OMENT )- NIP_DOC
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CDC/2002-23
IN WITNESS WHEREOF, this Amendment No. I has been executed by the City and
the Agency as of the date indicated next to the signatures of the authorized officers of each of
them as appear below.
CITY
Date:
't!21 f~;J.
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APPROVED AS TO FORM:
~~
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Ci, torney
AGENCY
Date:
,') j; 7 jO.?.
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Redevelopment Agency ofthe
C"YOfS'"1-~
(~sel'
~) Executive Director
APPROVED AS TO FORM
AND LEGAL CONTENT:
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Agency Special ounsel
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P:\Cle,ic.1 Service< DcplIMarp"" Parler\Diana', Work\Agr..men15\AMENDMENT 1- NIP.DOC
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CDCj2002-23
EXHIBIT "A"
Section 17: HUD Requirements
A. COUNTY and AGENCY shall each comply with the following equal opportunitylNational
Environmental Policy Act requirements;
I For projects involving housing, the requirements of the Fair Housing Act (42 U.S.c.
3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11 063
(Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107.
2. The requirements of title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR Part I.
3. The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.c. 6101-07) and implementing regulations at 24 CFR Part 146, and
the prohibitions against discrimination against handicapped individuals under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8.
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR Chapter 60.
5. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, the Agency must make efforts to encourage
the use of minority and women's business enterprises in connection with grant funded
activities. 24 CFR Part 85.36(e) describes actions to be taken by the Agency (see
Attachment D) herein to assure that minority business enterprises and women business
enterprise are used when possible in the procurement of property and services.
6. Agency where applicable shall maintain records of its efforts to comply with requirements
cited in Paragraphs 5 and 6 in this Section 17.
B. Any requirements that may be imposed by HUD subject to the National Environmental Policy Act or
other legislation implemented by 24 CFR Part 50. HUD regulatory requirements on toxic chemical,
noise, and airport clear zones also apply.
C. Administrative requirements ofOMB Circular A-133 "Audits of States, Local governments and Non-
Profit Organizations".
D. For State and Local Governments, the Administrative requirements of24 CFR Part 85, including the
procurement requirements of24 CFR Part 85.36, and the requirements ofOMB Circular A-87
regarding Cost Principles for State and Local Governments.
E. The regulations at 24 CFR Part 87.-related to lobbying, including the requirement that the Agency
obtain certifications and disclosures from all covered persons.
F. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in E
Executive Order 12549 and at CFR 24 Part 5.105(c).
G. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24.
P:IClerical Se....ice. Depl\Margafet Par1<e,IDiana'. Wo,klAgrccmen..,\AMENDMENT 1- NIP.DOC
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