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HomeMy WebLinkAboutCDC/2004-44 (See Companion Resolutions 2004-371, CDC/2004-45) 1 RESOLUTION NO. CDC/2004-44 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE COOPERATION AGREEMENT FOR COSTS INVOICING RELATIVE TO THE NATIONAL ORANGE SHOW EVENTS CENTER/ARROWHEAD AVENUE IMPROVEMENTS PROJECT 4 5 6 7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the constitution of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (the "CRL"); the CRL is found at Health and Safety Code Section 33000, et seq.; and 8 9 10 11 12 13 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 15 16 WHEREAS, the Agency, together with the City, desires that necessary street, landscaping and infrastructure improvements be made to Arrowhead A venue near the location of the National Orange Show Events Center (the "Orange Show") in order to address conditions of visual blight due to the absence of curb, gutter and sidewalk and the lack of any landscaping (the "Project"); and WHEREAS the County of San Bernardino (the "County") has entered into an agreement with the City dated as of November _, 2004 (the "County Agreement"), whereby the County agrees to contribute an amount not to exceed $64,000 to the City upon invoice for certain materials costs to be incurred by the Orange Show in furtherance of the completion of the Project; and WHEREAS, the Agency concurrently desires to provide for the advance of not to exceed an additional $64,000 of Agency funds to the Orange Show for materials to be purchased or procured in furtherance of the Project, which Agency grant, together with the County contribution will provide for a total of $128,000 in total funding for materials to be purchased for the undertaking of the Project; and 17 18 19 20 21 22 23 24 25 26 27 28 4848-9630-3104.1 1 P\Agendas\Resolutions\Resolutions\2004\04-11-01 Arrowhead Ave. Coop_ Agrmt. CDC Reso,doc CDC/2004-44 1 WHEREAS, the Agency and the City are amenable to establishing a cooperative mechanism whereby materials costs related to the Project are invoiced by the Agency to the City when such moneys are due and whereby the City in turn shall invoice the County for payment in accordance with the terms of the County Agreement; and WHEREAS, it is appropriate for the Commission to take action with respect to entering into such a cooperation agreement with the City. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 2 3 4 5 6 7 8 9 Section 1. The above recitals are true and correct and incorporated herein by 10 reference. 11 Section 2. The Commission hereby approves the Agency entering into a cooperation agreement with the City for the purpose of establishing a cooperative mechanism whereby materials costs related to the Project are invoiced by the Agency to the City when such moneys are due and whereby the City in turn shall invoice the County for payment in accordance with the terms of the County Agreement, which cooperation agreement is entitled "Cooperation Agreement For Costs Invoicing [National Orange Show I Arrowhead Street Improvements]" (the "Agreement"). Section 3. The Commission hereby approves the Agreement and authorizes and directs the Agency Chairperson to execute the Agreement and any other documents required thereby. Section 4. This Resolution shall take effect upon adoption. The Agency Assistant Secretary shall certify the adoption of this Resolution. III III III III III III III III 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4848-9630-3104.1 2 P.\Agendas\Resolutions\Resolutions\2004\04-11-01 Arrowhead Ave Coop. Agrmt. CDC ResQ,doc CDe/2004-44 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE COOPERATION AGREEMENT FOR COSTS INVOICING RELATIVE TO THE NATIONAL ORANGE SHOW EVENTS CENTER/ARROWHEAD AVENUE IMPROVEMENTS PROJECT 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Community Development Commission of the City of San Bernardino at a it. reg. meeting thereof, held on the 15th day of November , 2004, by the following vote, to wit: 7 8 9 Commission Members Ayes Nays Abstain Absent 10 ESTRADA X 11 LONGVILLE X 12 MCGINNIS X - 13 DERRY X - 14 KELLEY ~ 15 JOHNSON X 16 MC CAMMACK ~ 17 18 19 20 The foregoing resolution is hereby approved this ~'M_day of November ,2004. 21 J (1' a les, Chairperson munity Development Commission e City of San Bernardino 22 23 24 25 26 Approved as to Form and Legal Content: 27 28 By: \~ S f"""r.l '", C.. 're I 4848-9630-3104.1 3 P:\Agendas\Resolutions\Resolutions\2004\04-11-01 Arrowhead Ave. Coop Agmrt_ CDC Resodoc CDC/2004-44 CITY OF SAN BERNARDINO AND REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO COOPERATION AGREEMENT FOR COSTS INVOICING [National Orange Show Events Center/Arrowhead Avenue Improvements] THIS COOPERA nON AGREEMENT (this "Agreement") is dated as of November l..5, 2004, by and between the City of San Bernardino, a California charter city (the "City"), and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, operating and existing pursuant to Health and Safety Code Sections 33000, et seq. (the "Agency"). RECITALS WHEREAS, Arrowhead Avenue near the location of the National Orange Show Events Center, a State agency (the "Orange Show"), is a visual blight due to the absence of curb, gutter and sidewalk and the lack of any landscaping, and such street does not comply with the typical standards for street construction generally found throughout the City; and WHEREAS, the City and the Agency desire that the necessary street, landscaping and infrastructure improvements be made to Arrowhead Avenue at that portion of the Orange Show located adjacent to Arrowhead Avenue to address these conditions (the "Project"); and WHEREAS, the County of San Bernardino ("County") has entered into an agreement with the City whereby the County agrees to contribute an amount not to exceed $64,000 to the City upon invoice for certain materials costs to be used and applied towards the completion of the Project, which agreement is dated as of November 12,2004 (the "County Agreement"); and WHEREAS, Section I of the County Agreement provides for the City to act as the lead agency for the design and construction of the Project, and that the City shall invoice the County for its costs upon completion of the construction phase of the Project; and WHEREAS, Section 3.4 of the County Agreement further anticipates that the City shall enter into and execute a contract for the construction of the Project, upon which event having occurred the County Agreement may not be terminated by either the County or the City; and WHEREAS, the Agency has agreed to provide as a grant an amount not to exceed $64,000 to the Orange Show in addition to the use of an additional $64,000 of Agency funds to be applied for cash flow purposes in the payment of the invoiced costs of the materials for the Project which second $64,000 amount shall be reimbursed to the Agency from those amounts available for the Project pursuant to the County Agreement, and, in furtherance of the implementation of the County Agreement, it is intended that the Agency shall upon the completion of the Project invoice the City for all such materials costs when such moneys are due as the Project is completed by the Orange Show for those costs which qualify under the County Agreement, whereupon the City shall invoice the County for payments pursuant to the County Agreement and remit such amounts to the Agency; and 4838-7289-2928.1 I P:\Agendas\Agreements-Amendments\Agntts-Amend 2004\04-11-01 Arrowhead Ave. Coop. Agnnt,doc CDC/2004-44 WHEREAS, the City and the Agency desire to establish a cooperative mechanism for the implementation of the County Agreement whereby the costs of materials acquired by the Orange Show which are related to the Project are invoiced to the City by the Agency when such moneys are due as evidenced by a duly executed request for payment by the Orange Show, and the City shall subsequently invoice the County for payment in accordance with the terms of the County Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree, as follows: Section 1. Purpose of Ae:reement: Invoicine:. A. The parties intend that this Agreement shall be executed and entered into by and between the City and the Agency in furtherance of the County Agreement and, in particular, the provisions of the County Agreement referred to in the Recitals hereof. The City has been assured by County representatives that a contractual arrangement in the form of this Agreement will satisfy all conditions of the County Agreement with respect to the use and application of the source funds to be obtained from the County for the purchase and procurement of materials for the Project. The County has recognized through representations made by County staff that the funds provided to the City pursuant to the County Agreement will be ultimately used and applied by the Orange Show, and not by the City, directly for the acquisition of the materials required for the Project in accordance with those provisions of State law as are applicable to the Orange Show as a State agency. The Orange Show will also receive from licensed general contractors and from local trade unions all necessary labor and personal services of workers as will be required to undertake and complete the Project. Furthermore, it is anticipated that certain landscaping plants and treatments will be donated from private sources in furtherance of the Project. The procurement process to be adhered to by the Orange for the acquisition of the materials will in all respects satisfy the requirements pursuant to the County Agreement for the use and disbursement of the County funds thereunder. B. Nothing contained herein shall modify or otherwise assign or transfer to the Agency the obligations of the City to provide such construction management, inspection and other engineering services as may be necessary to be provided by the City in furtherance of the Project to be construed within public rights-of-way in the City. The City shall continue to retain all rights to approve the Project and to issue licenses and permits as necessary in connection with the construction activities and the design of the improvements that will constitute the Project. C. The Agency shall invoice the City upon the completion of the Project for any amounts invoiced by material suppliers to the Orange Show with respect to Project for expenditures for materials incurred or paid by the Orange Show in furtherance of the Project and which materials have been acquired through a public bidding or other public procurement process in accordance with the State 4838-7289-2928.1 2 P:\Agendas\Agreements.Amendments\Agmtls-Amend 2004\04-11-01 Arrowhead Ave. Coop. Agnnt.doc CDC/2004-44 laws applicable to the Orange Show to assure that the lowest responsible price has been obtained for the procurement of all such materials. Such invoices from the Orange Show to the Agency shall then be submitted by the Agency to the City pursuant to this Agreement for further processing in accordance with the County Agreement. The Agency shall submit invoices for payment under this Agreement to: City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Attn: Director of Development Services D. Upon receipt of the each invoice from the Agency to the City, the City shall create an invoice based upon the cost invoice received from the Agency in addition to such other supporting information and documents received from the Agency, for submittal to the County in accordance with the applicable provisions of the County Agreement. E. The Agency has committed pursuant to its separate agreement with the Orange Show to provide not to exceed $64,000 of Agency grant funds together with an additional $64,000 to be made available for cash flow purposes for the benefit of the Orange Show to pay for the purchase or procurement of materials for the Project by the Orange Show prior to the time when the City will be able to comply with those provisions of the County Agreement requiring the disbursement of the funds pursuant to the County Agreement only upon the completion of the Project. It is the intent hereof that the second $64,000 amount to be provided by the Agency for cash flow purposes shall be initially advanced by the Agency and then reimbursed to the Agency by the City from the proceeds of the funds to be made available pursuant to the County Agreement at such time as the terms and conditions of the County Agreement have been met by the City in furtherance of the Project. Section 2. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by fax or certified mail, postage prepaid and return receipt requested, addressed as follows: City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Attn: Director of Development Services Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attn: Agency Chairperson 4838-7289-2928.1 3 P:\Agendas\Agreements-Amendments\Agmts-Ameod 2004\04-11-01 Arrowhead Ave. Coop. Agrmt,doc CDC/2004-44 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, ifmailed, three (3) days after deposit of the same in the custody of the United States Postal Service. Section 3. Severability. If any term or condition of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision or provisions. Section 4. Modification. No amendment to, or modification of, this Agreement shall be valid or enforceable unless made in writing that is first approved and executed by the Parties after approval by the officials actions of the Community Development Commission of the City of San Bernardino and by the Mayor and Common Council. Section 5. No Assi2nment. Neither the City nor the Agency shall assign any of their rights or obligations under this Agreement. Section 6. Inte2ration Provision. This Agreement constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other memoranda of understanding, agreements or other understandings, whether oral or written, or entered into between the Parties prior to the execution of this Agreement. No memoranda of understanding, statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. Section 7. Enforceability of A2reement. This Agreement shall be deemed to be an enforceable agreement by and between the Parties hereto. Either of the Parties may bring such legal or equitable action as may be permitted under the laws of the State of California to enforce any provision of this Agreement. The successful Party in any such action to interpret or enforce any provision hereof shall be entitled to receive from the Party against which enforcement is sought all costs associated with such successful action. Section 8. Execution of A2reement. This Agreement may be executed in counterparts, and facsimile signatures shall be as effective as original signatures. Upon the execution hereof by the appropriate representative of each of the Parties, this Agreement shall be deemed to have been approved by the governing bodies of each of the Parties in accordance with all applicable provisions of State law. Section 9. Governin2 Law. This Agreement shall be governed by the laws of the State of California. 4838-7289-2928.1 4 P:\Agendas\Agreements*Amendments\Agnris.Amend 2004\04-11.01 Arrowhead Ave_ Coop. Agmtt.doc CDC/2004-44 IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement as of the date first written above. CITY City of San Bernardino / By: ATTEST: By~k~ lty Clerk APPROVED AS TO FORM AND LEGAL CONTENT: BY'\~ S P e"l'~ C o-.t$e { AGENCY Redevelopment Agency of the City of S mardino By: ATTEST, 0 B;/]1!~~ / ~. Ya/L?'~ APPROVED AS TO FORM AND LEGAL CONTENT: By, ~iC'"-"1 4838-7289-2928.1 5 P:\Agendas\Agreemenls.Amendments\Agrms.Amend 2004\04-11-01 Arrowhead Ave. Coop. Agrmt,doc