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HomeMy WebLinkAboutCDC/1999-40 1 RESOLUTION NO: CDC 1999-40 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DIANA L. SANCHEZ (CONSULT ANT) TO ASSIST WITH THE IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE PROGRAM (NIP). THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 4 5 6 7 8 9 10 SECTION 1. The Executive Director of the Redevelopment Agency ("Agency") 11 is hereby authorized and directed to execute on behalf of said Agency an Agreement for Professional Services between Diana L. Sanchez ("Consultant") and the Redevelopment Agency ("Agreement") to provide assistance to the Agency in the implementation of the Neighborhood Initiative Program (NIP) pursuant to the Cooperation Agreement between the Redevelopment Agency and the County of San Bernardino (the "County') as approved by the Community Development Commission on September 7, 1999 and is on file with the City Clerk. 12 13 14 15 16 17 SECTION 2. The Executive Director of the Agency is hereby authorized to 18 make minor corrections, additions, and clarifications to the Agreement, provided said changes are not substantive in nature, and do not increase the monetary impact to the Agency. 19 20 SECTION 3. The authorization to execute the above referenced Agreement is 21 rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0 22 this resolution. 23 IIII IIII IIII IIII IIII IIII 24 25 26 27 28 CDe 1999-40 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DIANA L. SANCHEZ (CONSULTANT) TO ASSIST WITH THE IMPLEMENTATION OF THE NEIGHBORHOOD INITIATIVE PROGRAM (NIP). 2 3 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on 15th day of November , 1999 by the following vote, to wit: 9 10 COMMISSION MEMBERS: AYES ESTRADA x NAYS ABSTAIN ABSENT 11 12 LIEN MCGINNIS SCHNETZ x x 13 x 14 VACANT - 5th Ward 15 ANDERSON MILLER x 16 x 17 18 f2.~ h. CLwLlL City'elerk 19 20 The foregoing resolution is hereby approved thisl a of November ,1999. 21 22 23 24 25 Approved as to form and Legal Content: 26 27 By: (\ b--11- Agency Special Counsel 28 CDe 1999-40 AGREEMENT FOR PROFESSIONAL SERVICES Agreement Number EDA THIS AGREEMENT made and entered into this 15th day of November ,1999, by the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, ("Agency"), and Diana L. Sanchez, ("Consultant"): RECITAL 1. PURPOSE The purpose of this Agreement is to allow the Agency to procure the service of a Consultant to assist the Agency in the implementation of the Neighborhood Initiative Program (NIP) pursuant to the Cooperation Agreement between the Redevelopment Agency and the County of San Bernardino (the "County") as approved by the Community Development Commission on September 7,1999. TERMS AND CONDITIONS 2. MISSION Agency hereby retains Consultant in the capacity as Consultant for provision of services described in Exhibit "A" (the "Scope of Services"), attached hereto and incorporated herein by reference. Consultant hereby accepts such responsibility as described herein. 3. TERMS (a) This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of twelve (12) months, unless terminated sooner for the convenience of either party as provided in Section 24 herein. (b) Consultant will comply will applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. (c) Consultant will carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570, with the following exceptions, (i) the Consultant does not assume the environmental responsibilities of the City/Agency as described in 24 CFR, Part 570.604; (ii) the Consultant does not assume the City's/Agency's responsibilities for initiating the review process under Executive Order Number 12372. (d) Consultant will comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land, if applicable. I CDC 1999-40 4. CONSULTANT RESPONSIBILITIES Upon the request of the Director or designee, Consultant shall perform each element of the work described in the Scope of Services. Consultarit commits the principal personnel listed below to the Scope of Services for its duration: Consultant: Diana L. Sanchez 5. REPLACEMENT OF NAME PERSONNEL It has been determined that the individual(s) named in this Agreement is (are) necessary for the successful performance of this Agreement. No diversion or replacement of this (these) individual(s) shall be made by Consultant without written consent of the Director or designee. 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 any program hereunder shall be made without prior written approval of the Director or hislher designee. 7. CONFIDENTIALITY OF REPORTS Consultant shall keep confIdential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that City and Agency designates as confIdential. Such information shall not be made available to any person, fIrm, corporation or entity without the prior written consent of the Director or hislher designee. 8. COMPENSATION The maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed Fifty-Five Thousand and 00/100 DOLLARS ($55,000).During the term of this agreement, Agency shall pay Consultant this compensation in twelve (12) equal installments on a monthly basis. Consultant shall provide an itemized invoice to the Agency. Said compensation shall be considered full and complete reimbursement for all Consultant's costs associated with the s~rvices provided hereunder. Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by the Director hislher designee. 9. USE OF FUNDS; BUDGET; TRAVEL LIMITATIONS (a) The funds paid to Consultant shall be used by it solely for the purposes set forth in Paragraph I of this Agreement and in accordance with Exhibit "A". (b) No travel expenses for out-of-state travel shall be included in this Agreement unless specifIcally listed in the budget as submitted and approved, and all travel expenses to be 2 CDC 1999-40 funded from funds provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the Director, or his/her designee, and Consultant as listed in the budget. Any travel expenses incurred by Consultant above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Director, or designee, has been obtained. (c) Consultant shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereurider. This includes, but is not limited to, all laws and regulations relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Consultant. Reimbursement shall not be made to Consultant which is not operating in compliance with all applicable laws. Reimbursements may be subsequently paid, at the direction of the Director or his/her designee for reimbursement costs incurred during the period when compliance is achieved before expiration of this Agreement, provided said amount is included in Section 8 of this Agreement 10. ACCOUNTING: AUDIT (a) Financial and time records shall be maintained by Consultant in accordance with Generally Accepted Accounting Principles, and in a manner which permits Agency to trace the expenditures of funds to source documentation. All books and records of Consultant are to be kept open for inspection at any time during the business day by the Agency, its officers or agents, and by any representative of the County or the United States Department of Housing and Urban Development (HUD) authorized to audit the Neighborhood Initiative Program (NIP). (b) Standards for financial management systems and fmancial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by Consultant. Consultant acknowledges that the funds provided under this Agreement are federal funds. (c) Consultant's fmancial management system shall provide for accurate, current and complete disclosure of each expenditure made by the Agency to the Consultant under this Agreement. It is the responsibility of Consultant to adequately safeguard all assets of the program, and Consultant shall assure that they are used solely for authorized purposes. (d) Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by Consultant for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings involving the records, have been fully resolved. (e) Consultant agrees that in the event the NIP Program established pursuant to the Agreement between County and Agency may subject this Agreement to an audit exception Consultant shall take all reasonable steps to correct such exception and paying Agency in full amount of liability resulting from such audit exceptions. 3 CDC 1999-40 11. NONDISCRIMINATION: MONITORING AND REPORTING PROGRAM PERFORMANCE. Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. Consultant shall comply with AffIrmative Action guidelines in its employment practices. At the request of the Director, Consultant shall submit written reports to the Director his/her designee, in accordance with 24 CFR, Part 85.41 (c)(d) and Part 85.21. Failure to provide such reports may prevent the processing by Agency of Consultant's requests for payment, and may justify temporary withholding as provided for herein. Agency reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the Director or his/her designee that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the Agency. 12. PROCUREMENT PRACTICES: CONFLICT OF INTEREST Consultant shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36 (d)(I), Consultant "Procurement Standards". In addition to the specific requirements of 24 CFR, Part 85, Consultant shall maintain a code or standards of conduct which shall govern the performance of its offIcers, employees or agents in contracting with and expending the federal grant funds made available under this Agreement, if applicable. Consultant's offIcers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractorss or potential subcontractors. To the extent permissible by state law, rules, and regulations, the standards adopted by Consultant shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Consultant's offIcers, employees or agents, or by subcontractors or their agents. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Consultant shall be alert to organizational conflicts of interest or non-competitive practices among subcontractors which may restrict or eliminate competition or otherwise restrain trade. Consultant agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its performance of the Scope of Services under this Agreement. 13. AGENCY SUPPORT Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the Scope of Services which are reasonably available to Agency. The Agency agrees to make space available in the offIces of the Agency so that Consultant may accomplish the Scope of Work during the term of this Agreement. 14. INDEPENDENT CONTRACTOR Consultant shall perform each element of the work set forth in the Scope of Services as an independent contractor and shall not be considered an employee of City or the Agency. This Agreement is by and between Consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Consultant. 4 CDC 1999-40 15. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of Agency. 16. INDEMNIFICATION Consultant agrees to indemnify, defend and save harmless Agency and the City, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal 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 Consultant's operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant 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 or City shall be considered as "legal fees" for the purpose of this Section. 17. INSURANCE Without limiting Consultant's indemnification of Agency or City, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Comprehensive General and Automobile Liability Insurance. Consultant shall obtain general liability insurance on a per occurrence basis with a combined single limit of one million dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limits of one million dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policy coverage. Other requirements and acceptable proof of insurance: 1. All insurance coverage must be maintained throughout the duration of this Agre<::ment. 2. Insurance companies must have an A.M. Best Rating ofB+VII or better. 3. Acceptable Proof of Insurance: A. ACCORD Certificate ofInsurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or B. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. 5 CDC 1999-40 Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and Agency. NOTE: Insurance binders are only valid for 30 days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day period~. Consultant shall furnish certified copies of all policies and endorsements to the City and Agency, evidencing the insurance coverage above required, five business days prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) day prior written notice to the City and Agency, and shall maintain such insurance from the time Consultant commences performance of Services hereunder, until the completion of such services. All policies, with respect to the insurance coverage required above, shall contain additional insured endorsements naming the City and Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of Services hereunder. 18. 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. 19. SEVERABILITY 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 invalidate 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 extent 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 AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 6 CDC 1999-40 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 the Director or his/her designee. 24. TERMINATION This Agreement may be terminated for the convenience of either party by giving written notice at least thirty (30) days prior to the effective termination date pursuant to Section 3, terms (a) herein. 25. NOTICE Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Diana L. Sanchez 15237 Grumman Avenue Fontana, CA 92336 To Agency: Director, Redevelopment Agency of the City of San Bernardino 201 North "E" 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 AGREEMENT This Agreement with Exhibit "A" constitutes the entire understanding and agreement of the parties. IIII IIII IIII 7 CDC 1999-40 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 content: By: ~.hJJ-- \\l-Ll-~c;S Agency Special Counsel CONSULTANT By: , ? .' C_Ur<- ,X~~ Diana L. Sanchez \\EDA_SAN BERDOIPUBLlC\CDBG Dept\Maggie\Misc\Professional Svcs Agmt-Sanchez.doc CDC 1999-40 EXHIBIT "A" Program: Annual Contract Amount: Term of Contract: Neighborhood Initiative Program (NIP) $55,000 12 Months SCOPE OF SERVICES (1) In Consultation with the Executive Director and/or the Director of Housing and Community Development, and as requested, consultant shall provide services in the planning, developing, organizing and managing of housing, neighborhood revitalization activities, and/or other federal/state grant programs, projects and programs within NIP neighborhood target areas; prepares budgets as necessary; provides liaison with the community; coordinates NIP activities with City staff, non-profit groups, developers, business operators, owners and tenants; prepares contracts, grant applications and compliance reports; conducts marketing activities; and performs related work as required to implement NIP requirements pursuant to the Cooperation Agreement between County of San Bernardino and City of San Bernardino Redevelopment Agency. (2) Provide related consultation service for the development of objectives, pnontIes, schedules and budgets for all NIP activities, projects and programs, such as the first time homebuyers assistance program, Acquisition, Rehabilitation and Resale Program, and home improvement loan program and other assignments, as necessary P:\Forms\PersonneIVob Descriptions\Neighborhood Coordinator. doc (10/99)