HomeMy WebLinkAbout1981-411
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RESOLUTION NO.
81-411
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO ECONOMIC
3 DEVELOPMENT COUNCIL, INC., RELATING TO THE CREATION OF A REVOLVING
LOAN FUND.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Findings A, B, C, D, E, F, H, I, J, K, L, M, and
7 T as set forth in Ordinance No. 3815 continue to be valid, and all
8 relate directly to the proposal to enter into an agreement with
9 the San Bernardino Economic Development Council, Inc., and are
]0 incorporated herein by reference.
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SECTION 2. The City determines that a need exists to aid
]2 existing businesses to alleviate the deterioration of business
]3 conditions and to help create new jobs through loans to existing
]4 small businesses faced with temporary working capital shortfalls,
]5 and to revitalize depressed economic areas such as the Mount
]6 Vernon Avenue commercial strip, through loans which will enable
17 small businesses to expand existing operations and hire additional
]8 employees, and that these needs are municipal affairs of the City
]9 of San Bernardino, and loans for such purposes constitute public
20 uses, of greater benefit to the municipality as a whole than to
2] any individual, association or corporation to which a loan might
22 be made.
SECTION 3. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City an
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Agreement with the San Bernardino Economic Development Council,
Inc., relating to the development of a Revolving Loan Fund, a co~~
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of which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at length.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
meeting thereof, held
3
Bernardino at an
adiourned reqular
, 1981, by the following
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on the 24th day of
5 vote, to wit:
September
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AYES:
Council Members Castaneda, Reilly, Botts, Hudson
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Hobbs, Strickler
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NAYS:
council Member Hernandez
The foregoing resolution is hereby
of *~ , 1981.
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ABSENT:
None
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II
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Approved as to form:
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~[/1lU'!4-fh
City Clerk
day
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1
A G R E E MEN T
2 (revolving loan fund)
3 THIS AGREEMENT is made and entered into this ~~~day of
4 ~./f...A 1981, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, ("city"), and the SAN BERNARDINO ECONOMIC
6 DEVELOPMENT COUNCIL, INC., ("SBEDC"), a nonprofit corporation.
7 The parties agree as follows:
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1. Recital s .
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(a) City is in possession of certain funds as a result
10 of its issuing bonds in its Industrial Development Bond Program.
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(b) City has deposited these funds as a reserve, through
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12 City Resolution No. 81-108, supporting issuance of future
13 Industrial Development Bonds, but is not limited to said use.
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(c) SBEDC is a nonprofit charitable corporation formed
15 under the laws of the State of California to carry out the
16 activities authorized by its articles of incorporation and by-
17 laws.
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(d) City desires to authorize SBEDC to create a
19 Revolving Loan Fund and engage in said activity.
2. Loan. SBEDC desires to borrow monies from said reserve
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21 fund to create a Revolving Loan Fund to aid City businesses to
22 grow and prosper; to create new employment opportunities; and to
23 assist in expanding the City's property tax base. SBEDC is
24 requesting a loan of $290,000 from said Industrial Revenue Bond
25 Reserve & Development Fund to be used for the aforementioned
26 activities in the City of San Bernardino.
(a) Any and all loans made by SBEDC will be made only
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after SBEDC staff and SBEDC executive committee analysis as to the
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1 feasibility of the loans based on standard accounting and loan
2 practices.
3 (b) All proceeds, which originate with the Industrial
4 Revenue Bond Reserve & Development Fund and subsequently loaned by
5 SBEDC through this Revolving Loan Fund activity, will be returned
6 to the Reserve Fund, including all principle and interest.
7 3. Method of Payment. City shall advance SBEDC the sum
8 requested to create said Revolving Loan Fund upon execution of
9 this agreement, but in any event, no later than October 1, 1981.
10 (a) Documentation of expenditures incurred during the
11 previous . fiscal. quarter will be submitted by SBEDC by the 15th
12 of the month following said quarter beginning in January 1982.
13 (b) All claims submitted for payment by SBEDC shall be
14 on a form approved by City. All books and records of SBEDC
15 pertaining to this agreement are to be kept open for inspection at
16 any time during the business day by the City or its officers or
17 agents.
18 4. Termination. If SBEDC shall fail for any reason to
19 fulfill in a timely and proper manner its obligations under this
20 agreement, or if SBEDC shall violate any of the covenants,
21 conditions or provisions of this agreement, City shall thereupon
22 ave the right to terminate this agreement by giving at least 30
23 days' written notice to SBEDC of such termination and specifying
24 the effective date of such termination.
25 5. Records. SBEDC shall maintain and keep books and records
26 on a current basis recording the transaction in a form
27 satisfactory to City and in accordance with generally acceptable
28 accounting principles. Said books and records shall be made
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available to City, the State of California, the Federal government
and to any authorized representatives thereof for purposes of
audit at all reasonable times and places. All such books and
records shall be retained for such periods of time as required by
law; provided, however, notwithstanding any shorter periods of
retention, all books, records and supporting detail shall be
retained for a period of at least three years after the expiration,
of the term of this agreement.
6. Discrimination. The activities of SBEDC funded under
this agreement shall be made available to businesses located in
the City of San Bernardino. No business person shall be denied
service because of race, color, creed, or sex. Further, SBEDC
shall have and comply with affirmative action guidelines in its
employment practices.
7. Hold Harmless. SBEDC shall hold City, its elective and
appointive boards, officers, agents and employees, harmless from
any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which
may arise from SBEDC's or any of its subcontractors' operations
under this agreement, whether such operations be by SBEDC or by
any subcontractor, or subcontractors, or by anyone or more
persons directly or indirectly employed by, or acting as agent for
SBEDC or any subcontractor or subcontractors. SBEDC shall defend
City and its elective and appointive boards, officers, agents and
employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any
of the aforesaid operations.
8. Compliance with Laws and Contracts. This agreement shall
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1 be subject to, and all parties to this agreement shall comply
2 with, all applicable local, state and federal laws and regulations
3 not specifically identified in this agreement, and any applicable
4 contracts with federal agencies. This agreement is also subject
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to the requirements of the Flood Disaster Protection Act of 1973
(P.L. 93-234). No portion of the assistance provided under this
agreement is approved for acquisition or construction purposes as
defined under section 3(a) of said Act, for use in an area
identified by the Secretary as having special flood hazards which
is located in a community not then in compliance with the
requirements for participation in the national flood insurance
program pursuant to section 201(d) of said Act: and the use of any
assistance provided under this agreement for suCh acquisition or
construction in such identified areas in communities then
participating in the national flood insurance program shall be
subject to the mandatory purchase of flood insurance requirements
of section 102(a) of said Act. This agreement is also subject to
the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857,
~t seq., the Federal Water Pollution Control Act, as amended, 33
p.s.c. 1251, et seq., and the regulations of the Environmental
~rotection Agency with respect thereto, at 40 CFR Part 15, as
~mended from time to time.
9. Relationship. No member, officer, or employee of City,
,r its designees or agents, no member of the governing body of
:ity, and no other public official who exercises any functions or
responsibilities with respect to the program during his tenure or
for one year thereafter, shall have any interest, direct or
~ndirect, in any contract or subcontract, or the proceeds thereof,
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1 for work to be performed in connection with the activities
2 assisted under this agreement.
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10. Assignability. SBEDC shall not assign or transfer any
4 interest in this Agreement, whether by assignment or novation,
5 without the prior written consent of City; provided, however, that
6 claims for money due or to become due SBEDC from City under this
7 Agreement may be assigned to a bank, trust company or other
8 financial institution, or to a trustee in bankruptcy, without such
9 approval. Notice of any such assignment or transfer shall be
10 promptly furnished to City.
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11. Amendments. City may, from time to time, request
12 changes in the scope of the services of SBEDC to be performed
]3 hereunder. Such changes, including any increase or decrease in
14 the amount of SBEDC's Revolving Loan Fund activity, which are
]5 mutually agreed upon by and between City and SBEDC, shall be
16 incorporated in written amendments to this agreement.
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12. Notices. All notices herein required shall be in
]8 writing and delivered in person or sent by first class mail,
]9 postage prepaid, addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Economic
Development Council
300 North "D" Street
San Bernardino, CA 92418
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13. Exclusivity and Amendment of Agreement. This agreement
supersedes any and all other agreements relating to its subject
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matter either oral or in writing between the parties hereto with
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respect to the employment of SBEDC by City and contains all the
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covenants and agreements between the parties with respect to such
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employment in any manner whatsoever. Each party to this Agreement
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1 acknowledges that no representations, inducements, promises or
2 agreements, orally or otherwise, have been made by any party, or
3 anyone acting on behalf of any party, which are not embodied
4 herein, and that no other agreement or amendment hereto shall be
5 effective unless executed in writing and signed by both City and
6 SBEDC.
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14. Validity. The invalidity in whole or in part of any
8 provision of this Agreement shall not void or affect the validity
9 of any other provision of this Agreement.
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15. Time of Essence. Time is of the essence of this
11 agreement.
12 IN WITNESS WHEREOF, the parties hereto have executed this
13 Agreement on the day and year first above written.
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ATTEST:
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16
ity Clerk
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SAN BERNARDINO ECONOMIC DEVELOPMENT
COUNCIL, INC.
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Tit! (fffA/~A-.J
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Approved as to form:
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city At orney
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