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HomeMy WebLinkAboutCDC/2005-43 NOTE: SEE COMPANION RESO NOS. 2005-395 & 2005-396 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. CDCj2005-43 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND, LOWERY, JACQUEZ, DENTON, & WHITE (CLJDW) BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chairperson of the Community Development Commission of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said Agency an Agreement to jointly fund the consulting services Copeland, Lowery, Jacquez, Denton, & White (CLJDW) by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino. 14 SECTION 2. The authorization to execute the above referenced agreement is 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III I I I III III I I I II I I I I II I CDC/2005-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND, LOWERY, JACQUEZ, DENTON, & WHITE (CLJDW) BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at ajt. reguMeeting thereof, held on the 5th day of December, 2005, by the following vote, to wit: Commission: NAYS ABSTAIN ABSENT AYES ESTRADA ~ x LONGVILLE MCGINNIS x DERRY ~ KELLEY x JOHNSON ~ MC CAMMACK x _rA,,-~d /~. ~~ "- City Clerk The foregoing resolution is hereby approved t is '7 ~J, day of ex (crnb' ( , 2005. th Valles, Chairperson C munity Development Commission of t e City of San Bernardino Approved as to Form and legal content: By_L~ CDC/200S-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES , This agreement is entered into this ,~ day of j);a--lUi/, 2005, by and between the City of San Bernardino ("City"), and the Redevelopment Agency of the City of San Bernardino ("AGENCY"). RECIT ALS This agreement is made with reference to the following: 1. The parties have determined that it is advantageous to and in the best interest of the Parties to engage a professional consultant for representation in Washington, D.C., for the purposes of pursuing the obtaining of individual Federal grants; for monitoring and interpreting Federal statutes and regulations affecting the Parties; and to serve as advocate for the Parties in connection with all relevant Federal activities. 2. The City has retained the firm of Copeland, Lowery, Jacquez, Denton, & White, and the Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on February 1,2006, and terminating on January 31, 2008, unless otherwise extended by both Parties. This Contract may be terminated at any time by either Party giving thirty (30) days written notice prior to the end of the term, to the other Party. 2. COMPENSATION AND METHOD OF PAYMENT. Compensation to Copeland, Lowery, Jacquez, Denton, & White is agreed to be Forty-two Thousand Dollars ($42,000) per year. Such compensation shall be paid by the City according to the following schedule: CDC/200S-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The first month's payment of Three Thousand Five Hundred ($3,500) to accompany this agreement. Thereafter, payment shall be made at the rate of Three Thousand Five Hundred Dollars ($3,500) per month, and reimbursement shall be made to the City by AGENCY, for one-half the amount so paid, in arrears. The maximum net amount to be paid by either Party shall not exceed Twenty-one Thousand Dollars annually, plus one-half of all out-of-pocket expenses and costs, as described in this paragraph. Copeland, Lowery, Jacquez, Denton, & White shall be reimbursed for out-of-pocket expenses and costs, including travel between the City of San Bernardino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bernardino's behalf, up to a maximum of$2,500 annually. Copeland, Lowery, Jacquez, Denton, & White shall bill City of San Bernardino monthly for such expenses. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed one-halffrom the AGENCY, in arrears. When specific project assignments are given by the City Administrator of the City of San Bernardino, or the Executive Director of the Redevelopment Agency, which go beyond the scope of the regular services of the Consultant (a copy of the Professional Consulting agreement setting forth the regular services is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in its entirety) payment for out-of-pocket expenses and costs shall be wholly the responsibility of the Party making said assignments. 3. Notices given pursuant to this Agreement shall be in writing and deposited with the United States Postal Service postage prepaid and addressed as follows: To the City City Administrator City of San Bernardino 300 North D. Street San Bernardino, CA 92418 2 CDC/200S-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES To the Redevelopment Agency: Executive Director Economic Development Agency City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: CITY OF S&N BERNARDINO / / Q'v~v.-L !:J. tLtuvfc City Clerk By: By: ATTEST: B;7I1~ Assistant Secretary ByJ11~ Magg{e Pacheco, Interim Executive Director APPROVED AS TO FORM AND LEGAL CONTENT: APPROVED AS TO FORM AND LEGAL CONTENT: By: - p ~ . 'I 6z...,~ James F. Penman City Attorney 3