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HomeMy WebLinkAboutR04-RDA Item o o Redevelopment Agency · City of San Bernardino 300 Ncrdl "I)" Sine!, Faunh Floor . Sill BemanIino, CIIifamia 92418 (714) 384-5081 FAX (714) 888-9413 .. IaPP; -I ; AUGUST 28, 1990 ADOPT RESOlUTIONS AUTHORIZING THE EXECUTION OF AN AGREEMENT AND AN AMENDMENT BETHEEN THE BOARD OF HATER COMMISSIONERS AND THE COMMISSION RELATING TO SIMON AND COMPANY Synopsis of Previous Commission/Council/Committee Action: 09-19-83 Community Development Commission adopted Resolution 4517 authorizing an agreement with Floyd H. Hyde Associates. 10-10-83 Community Development Commission authorized an agreement between the Hater Department, the County of San Bernardino, and the Commission. 11-19-85 Community Development Commission adopted Resolution 4630 authorizing an agreement with Floyd H. Hyde Associates. 12-02-85 Community Development Commission authorized an agreement between the Hater Department and the Commission. o Recommended Motion: (MAYOR AND COMMON COUNCIL) a) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND BETHEEN THE CITY OF SAN BERNARDINO, THE BOARD OF HATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. Respectfully Submitted, Supporting data attached: Yes Funding requirements: $10,000.00 Commission Notes: Hard: All Project: A 11 .- " 1352A Agenda of: ~ember 5. 1990 Item No.: o ...-~ ......-:. o o o o o Recommended Motlon (Continued from Paqe 1): b) (MAYOR AND COMMON COUNCIL) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, .THE BOARD OF HATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO. AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, RELATING TO SIMON AND CO. COMMUNITY DEVELOPMENT COMMISSION c) Move to authorize the execution of agreement to jointly fund consulting services by and between the City of San Bernardino. The Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. d) Move to authorize the execution of an 'amendment to agreement by and between. the City of San Bernardino, The Board of Water Commissioners of the City of San Bernardino. and the Community Development Commission of the City of San Bernardino. relating to Simon and Co. o o o o o S T A F F R E P 0 R. T In September 1983, the Community Development Commission authorized the execution of an agreement, In the amount of $25,000. with Floyd H. Hyde Associates. Incorporated for consulting services, Including representation In Hashlngton D.C. for the purpose of pursuing and obtaining Federal Grants and other Federal benefits. A separate agreement was entered Into authorizing the Agency to divide the $25.000 cost with the Hater Department and the County of San Bernardino. The agreement with Floyd H. Hyde Associates was renewed In November 1985, and again a separate agreement was entered Into between the Hater Department and the Commission to divide the $25,000 cost (the County of San Bernardino was no longer Involved). Mr. Hyde's contract with the Commission expired December 1986 and was not renewed by the Commission (separately, the Hater Department continued to use his services). It Is recommending that the Agency enter Into an agreement with the Hater Department to evenly divide the cost of the Simon and Company (Floyd H.. Hyde) consulting services for the Fiscal Year 1989-90 and to approve an amendment to the 1989-90 agreement with the Hater Department authorizing the funding to continue for the Fiscal Year 1990-91. The Agency's share of the cost Is $6,666.67 plus one third of all out-of-pocket expenses and costs. o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D A o o 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUT.ION OF AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor is hereby authorized ,and directed to execute on behalf of said City the Agreement to Jointly Fund Consulting Services by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. 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 of this resolution. I HEREBY CERTIFY. that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER ses/Simon.res st 29, 1990 1 o o , ...OL""O' OP ... crrY OP .^" ._'00 .""'0.'01'" - _'ON oP ....-.. TO JO'''''' pUNO CO""""" ._,co. BY """ 2 ......... T" cnY OP .., .......,.0. T" .0". oP ..... .,->..,,,,- oP ... c'TY oP .^" ........'NO. """ TW' coMMU.ITY 3 ."""""..... ",,"",..'ON OP ... C1TY oP .^" ._'00. 4 o 7 ThO forego,ng .ooo,ut'oo ,S ....bY ,pPToVo. thi' daY city Clerk 5 6 8 9 of _, 1990. 10 iif. ll. HolCOlIIb, Mayor City of san Bernardino 11. 0 APproved as to form and legal content: 13 JAMES F. PENMAN, 14 City Attorney 15 " 16, 17 1.8 19 20 21 22 23 I 0 24 , , I 25 i ! 26 i ! 27 ",0 _ _~Cl. 2 o 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 o o o o AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This Agreement is entered into this day of , 1990, by and between the City of San Bernardino ("City"), the Board of Water COmmissioners of the City of San Bernardino ("Water Department"), and the Community Development Commission of the City of San Bernardino ("RDA"), RECITALS 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. Pursuant to an informal understanding between the parties the Water Department has retained the firm of Simon and Company, Inc., 3. 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 one year commencing on the first day July, 1989, and terminating on June 30, 1990, unless otherwise extended by both parties. 2. COMPENSATION AND METHOD OF PAYMENT. Water Department DAB/ses/Simon.agr 1 o o o o o 1 2 has agreed to pay Consultant an annual retainer fee in the sum of 3 $20,000.00 for services. In addition, the Consultant is to be 4 reimbursed for out-of-pocket expenses and costs, including travel 5 between the City of San Bernardino and Washington, D.C., long 6 distance telephone calls, express courier fees, and postage. The 7 Water Department shall be responsible for payment of invoices 8 upon receipt, and shall be reimbursed one-third from the 9 remaining Parties in arrears. The maximum amount to be paid by 10 any Party shall not exceed Six Thousand Six Hundred Sixty Six 11 Dollars and Sixty Seven Cents ($6,666.67), plus 1/3 of all out- 12 of-pocket expenses and costs as described in this paragraph. 13 When specific project assignments are given by the 14 15 Mayor of the City of San Bernardino, the City Administrator of the City of San Bernardino, the General Manager of the Water 16 Department or the Executive Director of the Redevelopment Agency, 17 which go beyond the scope of the regular services of Consultant, 18 payment shall be wholly the responsibility of the Party making 19 said assignments. 20 3. Notices given pursuant to this Agreement shall be in 21 writing and deposited with the United States Postal Service 22 postage prepaid and addressed as follows: 23 24 25 26 27 28 To the City: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 To Water Department: General Manager Water Department City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 DAB/ses/Simon.agr ~- 2 o o o o o 1 2 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 3 4 5 6 To the Community Development Commission: Executive Director The Redevelopment Agency of the City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 7 Nothing in this paragraph shall be construed to prevent the 8 giving of notice by personal service. 9 IN WITNESS WHEREOF the parties have executed this Agreement 10 on the day and date first above shown. 11 CITY OF SAN BERNARDINO 12 13 14 15 16 By: ATTEST: W.R. Holcomb, Mayor City Clerk Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN, City Attorney 19 20 21 22 23 ~p~) - BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO By: 24 ATTEST: President 25 26 Secretary 27 28 DAB/ses/Simon.agr 3 o o 0 1 2 AGREEMENT TO JOIN'l'LY FUND CONSULTING SERVICES 3 4 Approved as to Form and Legal Content: 5 JAMES F. PENMAN, 6 City Attorney 7 ~""I 8 COMMUNITY DEVELOPMENT COMMISSION 9 OF THE CITY OF SAN BERNARDINO 10 By: 11 Robert J. Temple, Acting Executive Director 12 Approved as to Form 13 and Legal Content: 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 DAB/ses/Simon.agr 4 o o o 10 11 12 13 14 15 16 17 18 19 o o 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, RELATING TO SIMON AND CO. 2 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Amendment to Agreement by and between the City of San Bernardino ("City"), the Board of Water Commissions of the City of San Bernardino ("Water Department"), and the Community Development Commission of the City of San Bernardino ("RDA"), relating to Simon and Co. SECTION 2. The authorization to execute the above- referenced amendment to agreement is rescinded if the parties to the amendment fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY- that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1990, by the following vote, to wit: 20 Council Members: AYES NAYS ABSTAIN 21 ESTRADA 22 23 24 REILLY FLORES MAUDSLEY 25 MINOR 26 27 POPE-LUDLAM MILLER 28 DAB/ses/Water.res August 27, 1990 1 o o 1 2 3 4 5 6 7 8 9 10 11 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 26 27 28 nSDLU",DN OF .... 01""' OF S'" ._"'0 """"''''','''' ""S """"",ON OF ... .........--- '0 ._'" '" """ .- .oS C,,,", OF .... ._"'" .... ___ OF .._ -"SS'ONS OF .... C,,,", OF S'" ._,.... """ ...._""' ".".,......'" """"ISS'DN OF .SS C,,,", OF S~ BERNARDINO. <he foregoIng re,o,nt'on ,s hS<ebY spP'OVe. thIs Os. , 1990. City Clerk of iii. R. Holcomb, Mayor City of San Bernardino APproved as to form and legal content: JAMES F. PE~' City Attorney 1 ~~u/~es/Water.res --...." o 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 o o o o AMENDMENT TO AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This Amendment to Agreement is entered into this day of , 1990, by and between the City of San Bernardino ("City"), the Board of Water Commissions of the City of San Bernardino ("Water Department"), and the COmmunity Development Commission of the City of San Bernardino ("RDA"), RECITALS WHEREAS, the parties have entered into that certain Agreement to Jointly Fund Consulting Services dated , and WHEREAS, the parties desire now to amend said Agreement to extend the term thereof, NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. Said Agreement is hereby extended on the same terms and conditions for the year July 1, 1990 to June 30, 1991, and may be further extended by agreement of the parties. 2. Except as amended herein said Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Amendment to Agreement on the day and date first above shown. / / / / / / / / / / / / / / / DAB/ses/Water-CD.agr o o o Amendment to Agreement by and between the City of San Bernardino, the Board of Water Commissions of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. o 1 2 RE: 3 4 5 6 7 ATTEST: 8 9 City Clerk Approved as to Form 10 and Legal Content: 11 12 13 14 15 16 JAMES F. PENMAN, C<~ By: ~ ./ ATTEST: 17 Secretary 18 Approved as to Form and Legal Content: 19 20 JAMES F. PENMAN, ~ By: ~'J 21 22 23 24 25 26 27 28 DAB/ses/Water-CD.agr ,- o CITY OF SAN BERNARDINO By: W.R. Holcomb, Mayor BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO By: President COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO By: Robert J. Temple, Acting Executive Director . , o o 1 2 3 4 5 6 7 .8 9 10 11 0 13 14 15 16 17 18 19 20 21 22 23 0 24 25 26 27 "a AG~ TO J01N'fLY FUND CONSULT1NG SEtlV1CES day ThiS Agreement is entered into thiS _, 1990, by and between the city of san of oernar"'" (. Ci 'Y")' th. .oerd of ..ter """,,""'-~ of the C, 'Y of s., ..r.erdi" ("..ur oep.rt...t"l. ... thO co....ity D.".,_t """,,"ss,on of the C, <y of san ..msrd'" (...A"). ,. .he p.rtieS ha" ..t.re'''. that it '" ...an_eOe, <0 and ,. <be .... ,.t.~.t of th. part'" <0 ...... · p'of.,.,ena' co.se1t..t for r.pr.,s.tst'o, ,. .ssh,..to.. D.C.. for th' pnrposos of purs..ng <be obtsin,ng of ,..,,,..., ...er.' grants' for mon'tor,ng an. ,.teror.t,ng ....r., st.tet.s an. r...,.t'o.. sffsctin. tha .artis", and to s.rvs .s .,""",ste for tha .art'S' in connect'on .,th s11~1....t ...er.' .o<,.,t"s. Th'S >or.....t ,s ...s .,th rsfsrsnc. <0 <be f01100,ng' REC1TALS 2. .ers.snt to .n ,.for." ...sr.t..d". bstw.sn th' partis, <be ..Ur Dap.""",nt haS ~w.'s. <be fire of S,mon an' company, Inc., 3. .he ..rti.s d'S'r' to share 'n th' co.u of ea'. consultant. NOW. _"PD'.' _ ...".s .- 1>0 ..... .. PD''''"'"' 1. .... O. cQNTSSC" Th'S contr.ct she11 .. for · p.r'o' of on' y..r co...nc,n. on th' f'rst dSY 3e1y. ,.... .n' te_ost"'" on 3un' 30. ,..0. unieS' otherw'se ..t..... bY botb parties. 2. COHl'sNSA"ON"" ...THOD O. 'A""""" ..Ur DeP.""",nt 1 __ I~"''lftnn.agr o o o 1 o o 2 has agreed to pay Consultant an annual retainer fee in the sum of 3 In addition, the Consultant is to be $20,000.00 for services. 4 reimbursed for out-of-pocket expenses and costs, including travel 5 between the City of San Bernardino and washington, D.C., long 6 distance telephone calls, express courier fees, and postage. The 7 Water Department shall be responsible for payment of invoices 8 upon receipt, and shall be reimbursed one-third from the 9 remaining Parties in arrears. The maximum amount to be paid by 10 any Party shall not exceed Six Thousand Six Hundred Sixty Six 11 Dollars and Sixty Seven Cents ($6,666.67), plus 1/3 of all out- 12 of-pocket expenses and costs as described in this paragraph. 13 When specific proj ect assignments are given. by the 14 Mayor of the City of San Bernardino, the City Administrator of 15 the City of San Bernardino, the General Manager of the Water 16 Department or the Executive Director of the Redevelopment Agency, 17 which go beyond the scope of the regular services of Consultant, 18 payment shall be wholly the responsibility of the Party making 19 said assignments. 20 3. Notices given pursuant to this Agreement shall be in 21 writing and deposited with the United States Postal Service 22 postage prepaid and addressed as follows: 23 24 To the City: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 25 26 27 28 To Water Department: General Manager Water Department City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 2 DAB/ses/Simon.agr o o o o o 1 2 3 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 4 To the Community Development Commission: Executive Director The Redevelopment Agency of the City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 5 6 7 Nothing in this paragraph shall be construed to prevent the 8 giving of notice by personal service. 9 IN WITNESS WHEREOF the parties have executed this Agreement 10 on the day and date first above shown. 11 CITY OF SAN BERNARDINO 12 13 14 15 16 By: W.R. Holcomb, Mayor ATTEST: City Clerk Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN, City Attorney 19 20 21 22 23 B~~~ ~ BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO By: 24 ATTEST: President 25 26 Secretary 27 28 DAB/ses/Simon.agr 3 ""'"'- o o ~~ " '. 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 o o o o o WHEREAS, 'the partie. desire now 'to _end said Agreement to extend 'the term 'thereof, NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. Sai4 Agreement is hereby exten4e4 on 'the see terms an4 con4itions for the year July 1, 1990 to June 30, 1991, an4 may be further exten4e4 by agreement of 'the parties. 2. Except as amen4e4 he:.;ein sai4 Agreement shall remain in full force an4 effect. IN. WITNESS WHEREOF 'the Parties have execute4 this Amendment ,- to Agreement on 'the 4ay an4 4ate first above shown. / / / / / / / / / / / / / / / .;. DAB/ses/Water-CD.agr ,- /ri1i",; '0 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 o o o o Amendment to Agree.ent by and between :'the City of San Bernerd1no, the Board of Water Connlli..ionelof the City of San Bernardino, anlS theCOlmDuiUty Developllllll\t Connn:l..ion of the City.of San Bernerdino. ',' JtE: ATTBST: City Clerk ApprovelS e. to' Form and Legal Content: JAMBS F.. PENMAN, City At~rneY BY:~ =~/ ./ . ATTEST: , -.. - Secretary Approved a. to Form and Legal Content: JAMBS F. PENMAN, City Attorney ApprovelS a. to Form and~ By: j ./ gency .el - DAB/.es/Water-CD.agr -- CITY OF SAN BERNARDINO By: W.R. HolCOlllb, M4yor J....<.. 'teL :t ',I:'i' .. i. BOARD OF WATBR COMMISSIONERS OF 'l'HB CITY cPFSIdf BBJUfARDINO By: Pre.ilSent ... (;.rl: . Y., ::0' n; --"" -'!J~. Y.v~~ T ~ ~.~ 1_.' COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO .. By: Robert J. T8IIple, Acting Executive Director