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HomeMy WebLinkAboutCDC/1999-14 1 2 3 4 5 6 7 8 RESOLUTION NO: CDC 1999-14 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CONTRACT BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., FOR PURPOSES OF CARRYING OUT THE NEIGHBORS HELPING NEIGHBORS GRANT PROGRAM 9 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: is hereby authorized and directed to execute on behalf of said Agency an Agreement with the Neighborhood Cluster Associations, Inc., to provide neighborhood improvements and beautification of housing units, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. 10 11 12 13 14 15 16 17 SECTION 1. The Execution Director of the Redevelopment Agency ("Agency") SECTION 2. The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0 18 this resolution. 19 20 IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 21 22 23 24 25 26 27 28 Page 1 of 2 CDC 1999-14 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE" AGENCY") TO EXECUTE A CONTRACT BY AND BETWEEN THE 3 AGENCY AND NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., FOR PURPOSES OF CARRYING OUT THE NEIGHBORS HELPING 4 NEIGHBORS GRANT PROGRAM 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 6 Development Commission of the City of San Bernardino at a joint regular meeting 7 thereof, held on 17th 8 to wit: 9 COMMISSION MEMBERS: 10 ESTRADA LIEN 11 MCGINNIS SCHNETZ 12 DEVLIN ANDERSON 13 MILLER 14 15 day of May , 1999 by the following vote, AYES NAYS ABSTAIN ABSENT x X- ---X-- ---X-- ---X-- ---X-- ---X-- 16 The foregoing resolution is hereby approved this May ,1999. day of 17 18 19 20 es, Chairperson Co unity Development Commission Of t e City of San Bernardino 21 Approved as to form and Legal Content: Agency Cou sel By: 22 23 24 25 26 27 28 Page 2 of2 , ' CDC 1999-14 GRANT AGREEMENT FOR HOUSING SERVICES (NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC.) THIS AGREEMENTmade and entered into as of the 17th day of May, 1999, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic (hereinafter referred to as the "Agency"), and NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., ("Associations") . RECITALS 1. Purpose The purpose of this Agreement is to implement a program to initiate neighborhood improvements and beautification of housing units entitled "Neighbors Helping Neighbors Program" (the "Program") within the City of San Bernardino (the "City") as follows: Neiahbors Helpina Neiahbors Proaram The Program is being established to assist the Associations in their efforts to clean up, beautify and enhance low and moderate income residential neighborhoods within the City of San Bernardino. Specifically, the Associations will carry out project activities depicted in Attachment No. 1 and incorporated herein by this reference said project activities will be undertaken in the areas as shown in Attachment NO.2 incorporated herein by this reference. TERMS AND CONDITIONS 2. Mission Agency hereby retains Associations in the capacity as an independent contractor for the provision of services described in Attachment NO.1. Associations hereby accepts such responsibility as described herein and agrees to perform such services in a commercially reasonable workmanlike manner. 3. Term This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect until February 17, 2000 unless sooner terminated as provided herein. The Executive Director of the Agency ("Director") or his or her designee, is authorized to extend this Agreement for up to ninety (90) days and to make any minor nonsubstantive changes to the Agreement as long as any such extensions or revisions are upon the same terms and conditions as specified herein. , ' CDC 1999-14 4. Associations The Associations shall complete the Program described in Attachment No. 1. Associations agree that the Executive Director of the Associations shall coordinate and implement the Program herein for the duration of this Agreement. 5. Replacement of Named Personnel No significant diversion or replacement of the individual assigned to administer the Program on behalf of the Associations shall be made without Agency approval, provided that Agency may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If Agency fails to respond to Associations within 10 days of notification by Associations, said personnel diversion or replacement shall be deemed approved. 6. Release of News Information No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of the Program hereunder shall be made without prior written approval of Agency's Director or designee. 7. Confidentialitv of Reports Associations shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that Agency designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of Agency. 8. Compensation During the term of this Agreement, Agency shall provide a grant to the Associations in the amount of not to exceed $20,000 (the "Grant"). Said Grant shall be considered full and complete reimbursement for all of Associations costs associated with the Program services provided hereunder. Associations shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by Agency's Director or designee prior to payment. 2 eDC 1999-14 9. Right to Audit Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Association and/or its subcontractors which are pertinent to the Program hereunder. All books records and supporting detail shall be retained by Associations for a period of three (3) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law. 10. Audit Exceptions Associations agrees that in the event the Program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and shall pay the Agency the full amount of liability resulting from such audit exceptions. 11. Agencv Support Agency shall, at the request of Associations, provide assistance to the Associations with respect to Program implementation and to provide information pertinent to the services to be provided hereunder which are reasonably available to Agency. 12. Independent Contractor Associations shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the Agency. This Agreement is by and between Associations and Agency, and is not intended, and shall not be construed, to create the relationship of agency, servant employee, partnership, join venture, or association, between Agency and Association. 13. Conflict of Interest Associations agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino. 14. Successor and Assignment The services as contained herein are to be rendered by Associations whose name is as appears first above written and Associations shall not assign nor transfer any interest in this Agreement without the prior written consent of Agency. 3 CDC 1999-14 15. Indemnification Associations agree to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees from and against any and all liability, expense including defense cost and attorney's fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Associations' operations, or its services hereunder, including any works' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Associations by any person pursuant to this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the Agency shall be considered as "attorney's fees" for the purposes of this paragraph. 16. Insurance Without limiting Associations' indemnification of Agency, Associations shall provide and maintain during the term of this Agreement the following programs(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Director of Agency or designee within ten (10) days of effective date of this Agreement. General Liabilitv: A program including, but not limited to, comprehensive general liability and a combined single limit of not less than $1.000.000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. Such insurance shall require that Agency be notified at least ten (10) days in advance of any change or cancellation of said insurance. Motor Vehicle Insurance: Insurance including, but not limited to, comprehensive general liability with a combined single limit of not less than $300,000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency. 17. Compliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 4 CDC 1999-14 18. Non-Discrimination In the fulfillment of the Program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the Program or the receiving of any benefits under the Program, Associations agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 19. Severabilitv In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or validate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extend of the scope or breadth permitted by law. 20. Interpretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 21. Entire Aqreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Associations by Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. Waiver No breach of any provIsion hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 23. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of Agency's Director or designee. 5 CDC 1999-14 24. Termination This Agreement may be terminated by either party by giving the other party written notice at least thirty (30) days prior to the proposed termination date. 25. Notice Notices, herein shall be presented in person or by certified or registered U. S. Mail, as follows: To Associations: Freddie Spellacy, Executive Director Neighborhood Cluster Associations, Inc. 2724 North Waterman Avenue San Bernardino, California 92404 To Agency: Redevelopment Agency of the City of San Bernardino Gary Van Osdel, Executive Director 201 North "En Street, Suite 301 San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 26. Entire Aqreement This Agreement with Attachments NO.1 and NO.2 constitutes the entire understanding and agreement of the parties. 6 CDC 1999-14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. APPROVED AS TO FORM AND LEGAL CO T NT: By: By: NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC. 7 CDC 1999-14 ATTACHMENT NO.1 ELIGIBLE AREAS & SCOPE OF WORK Eliaible Areas: The Associations will focus their efforts principally in neighborhoods that are considered low and moderate income areas. The areas are depicted in Attachment No. 2 attached hereto this Agreement. Should the Associations identify projects outside low and moderate income areas, the Associations, will be required to conduct a neighborhood income survey in order to determine that not less than 51 % of the area residents are low and moderate income households. In such case, Agency shall assist and guide the Associations with this effort. In cases where the Associations carries out projects that are individually owned by a homeowner, the Associations shall insure that the homeowner meets the low and moderate income guidelines. Under no circumstances shall the Associations implement projects on rental, non-owner occupied units. SeoDe of Work The Associations will be permitted to utilize the Grant to carryout the Neighbors Helping Neighbors Program which will focus on helping eligible homeowners who lack the resources to paint the exterior of their home, clean up their yards, or conduct minor improvements to the exterior of their home. The Associations will also undertake beautification projects that will improve the overall aesthetics of the community. This could include, but not be limited to the following, developing community gardens, purchasing paint and supplies for graffiti eradication, or to purchase planting material, such as trees and flowers to plant along visible and undesirable parkways, etc. The Associations will work with Agency Staff to develop an appropriate application and marketing literature so that Associations participating in the Neighbors Helping Neighbors Program may complete prior to commencing any improvements in any proposed area. All participants under the Program shall be required to complete such application. The Executive Director of the Associations shall monitor and approve all applications and expenditures working in concert with the Mayor's Neighborhood Associations Liaison to insure Program compliance pursuant to this Agreement. The Executive Director shall provide monthly reports to the Agency Director on Program progress. ASSOCIATIONS AGR 5/7/99 8 CDC 1999-14 "', ._~--./ ..., n {'v ( : 108 r- : .J V":> i L"L:-' 45.01: \.,----., , ~ Ii r '-.l,tI ~ , , \ / ' -L-, , r ' t ' . , J~,~i--f"o::." " " l~. i '~''''' 1 08 \~ '" fl.!,' '(-..! r. ~ "'.... V'~,' I"" , -- ~- "( /; "":-/... I ,...JS, .. ~ ~.:f/ -'/ ....;,,~ . , ',,, ~(I":l JOY' ..J \ "'~' '1,' <-',-/ '~",f" '., i. I ----~.J # I~, i.;7 , f ;,i../ , . ~ )I I : , ! / \ \ V_// Caliorf'laSt<llaUm....sil~ ....,..... 27 SanBOlrn.:lnli.-;l ....,..... " ~ V CITY OF SAN BERNARDINO 1990 CENSUS TRACTS _ Low- and Mod-Income Census Tracts Hig1la.,.jAYf! , , , , \ \ \ \ \ \ \ \ \ \ \ \ ' \ 110 79 Baselin&St l~) I!V City of San Bernardino . ECONOMIC DEVELOPMENT AGENCY ....... NORTH Not to Scale CDC 1999-14 - ~Qssion Statement - ~i.Bhborhood C[uster A.ssoci.ations \. C)O preser"e. protect ,:md restore our indhiduClf ne1Bhf,orhoods. 2. C)O be a "neighbor" in the truest sense of tne word. 3. C)O rid our communities of a([ undesirabfe persons responsib(e for crime. disturbances and run down properties. 4. C)O nave wd( Kept neignbornoods a([owing tne residents of c. C)O be one conesive "oice for tne be tt.e'rment of tne community. ~ - our community to stand ta([ ana proua. S. C)O snow ana snare "witn otners wnat can be done by neignbors wno deciae to worK togetner for a common cause. 6. C)O embrace and promote a community-wide concept of tnese idea(s. 8. C)O buUd a cooperative rdations~ip with flovernment. agencies tnat ndp accompfisft our mission. ..