HomeMy WebLinkAbout1979-395 1 RESOLUTION N0. 7q ~3q.T
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PERLA ESTON, CONSULTANT,
3 FOR HOUSING CONSULTANT SERVICES.
4 BE IT RESOLVED BY THE f4AY0R AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO, AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
7 and directed to execute on behalf of said City an agreement with Perla Es ton
8 relating to housing consultant services, a copy of which is attached hereto,
9 marked Exhibit "A" and incorporated herein by reference as fully as though set
10 forth at length.
it I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
12 Mayor and Common Council of the City of San Bernardino at a
13 meeting thereof, held on the day of
14 1979, by the following vote, to wit:
15 ~ AYES: Councilmen P~~~..u.:
17 NAYS: ~~~ppj~y,e~ '
18 ABSENT: Co.ai...e,~~~~.. ~1~~,~i~
19 ~
20 City Jerk
21 The foregoing resolution is hereby approved this _3,~( day of
22 1979.
23
24 ~
ay of ty of ernardino
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26 APPROVED AS TO FORM:
27 ~ ~r~
28 i orney
1 A_ G_ R E_ E_ M_ E_ N_ T_
2 ~ THIS AGREEMENT is made and entered into this
/~i day of
3 OC~O b~A~ 11, 1979, by„and between PERLA ESTON, an individual,]
a i referred to as Consultant and the CITY OF SAN BERNARDINO,
5 ' a municipal corporation, referred to as "City".
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6 ~ The parties mutually agree as follows:
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7 '~I 1. Recitals,
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(a) The City's continued receipt of Community Develop-
9 ment Block Grant funds is contingent upon the timely achievement I
~ t0 of annual goals of housing for lower income residents.
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u (b) The City desires to develop and implement
12 i,additional strategies to meet these housing goals.
13 (c) The Consultant is engaged in the profession of ~
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to Il,housing development planning and possesses the skills necessary ~
~g Ito prepare comprehensive housing plans and strategies with respect
t6 Ito financing, planning, and developing housing for lower income
t7 persons.
t8 (d) The City desires to retain the services of the
t9 Consultant to render certain technical and professional services
20 for the City's Community Development program as hereinafter set
21 forth.
22 2. Scope of Services. The Consultant shall perform the
23 following tasks:
24 (a) Update the City's Housing Assistance Plan and
25 Housing Section of the annual Performance Report for the 1980-81
26 Community Development Block Grant application in accordance with
27 application deadlines. This is to include attending any necessary
28 meetings, as well as making any provisions for amendments required
1 by~the Department of Housing and Urban Development.
2 (b) Keep the City informed of new housing programs
3 and sources of funding for housing assistance.
a ~ (c) At the direction of City, prepare applications
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q for housing programs and funds deemed desirable and appropriate
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6 for City.
7 ~ (d) Assist the City in attracting developers. ~
8 I. (e) Assist developers in using State and Federal
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9,housing assistance programs. This assistance will include ex-
Ililplaining housing programs, providing applicable application forms
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jand associated materials; recommending program mix for specific j
l2 sites and sponsors, referral of developers to appropriate agencies)
13 and persons, support in dealing with funding agencies.
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~a This proposed assistance does not include writing funding
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l5 or financing applications or environmental reviews for developers.)
16 (f) Serve on the Patton Surplus Land Advisory Com-
17 mittee, prepare necessary documents and applications required by
t8 the State in order for the City to get control of the site and
t9 produce low income housing on the site. Consultant will provide
20 technical assistance as needed to other City departments, planners
21 financial consultants, developers, as needed, for developing the
22 Patton site.
23 (g) Provide general technical assistance on the
24 subject of low and moderate income housing, keeping the City
25 abreast of changes in fair market rents, changes in State and
26 Federal priorities, need for zoning modifications, land banking,
27 etc.
Zg 3. Services to be Furnished to Consultant, All informa-
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t tion, data and reports, existing and available to the City as i
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2 related to the performance of the scope of services shall be
3 furnished to the Consultant without charge. The City shall pro-
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q vide office space to Consultant along with clerical support and
g reproduction services associated with any applications or other
6 major written products.
7 4. Time of Performance, Services of the Consultant shall
g commence as soon as practical after execution of this agreement.
q Consultant is to spend time necessary to accomplish tasks listed,
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IO iup to an average of twenty (20) hours per month. Except when
meetings related to the performance of the Consultant's service
12 are scheduled in other locations, Consultant shall spend one full
i3 day every two weeks at the City's offices.
~4 5. Compensation. City agrees to pay the Consultant the
IS sum of $500.00 per month for said services rendered and said sum
t6 shall be deemed to include reimbursement for any and all expenses
~7 and costs incurred by the Consultant in performing the tasks
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~g herein; this sum does not include reimbursement for any special
~9 travel costs incurred by the Consultant upon the request of the
20 City. For periods of time when Consultant's services are not
21 required for the twenty (20) hours per month, and when City ~
22 notifies Consultant in advance that said services are not required
23 Consultant will bill City for actual hours of services provided
Zq at the rate of $30.00 per hour,
25 6. Method of Payment. Compensation for services rendered
26 hereunder shall be made at the rate of $500.00 per month, begin-
27 ning one month from the date of this agreement, provided that the
28 Consultant shall submit a detailed progress report each month,
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l j along with a monthly statement or invoice in the form and manner
2 j approved by the City Administrator of City.
3 i 7. Term. The term of this agreement shall be from the
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q j date of execution through June 30, 1980, and may be renewed for
9 a period of time mutually agreeable to the City and Consultant. ~
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6 ~ 8. Relationship of Parties. Consultant is acting as
1 independent contractor, and not an employee of City. In the
8 performance of personal services pursuant to the provisions of j
9 (this agreement, Consultant shall not be supervised, directed, or ~
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t0 sunder the control or authority of any City officer or employee, ~
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11 'except and to the extent as may be expressly or implicitly re-
12 quired by the terms and provisions of this agreement. Any I
l3 direction or control so required under this agreement shall be
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t4 limited to broad objectives or goals of the project or program to
t5 be accomplished and not to the details and procedures to accom-
16 plish such objectives or goals. Consultant shall not be obligated)
17 to conform to the supervision or direction of City officers or
ig employees which are not authorized herein. Changes or modifica-
t9 tions of said objectives and goals may be made by written
20 recommendations of either party subject to the concurrence of the
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21 other party in writing. !
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22 9. Termination. Should Consultant fail to comply with
23 any term, condition or provision of this agreement, City may
24 terminate this agreement by giving 10 days written notice to
25 Consultant.
26 10. Hold-Harmless. Consultant hereby agrees to, and shall,]
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27 hold City, its elective and appointive boards, commissions,
28 officers, agents and employees, harmless from any liability for
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1 damage or claims for damage for personal injury, including death,
2 as well as from claims for property damage which may arise from
3 iConsultant's operations under this agreement. Consultant agrees
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q jto, and shall, defend City and its elective and appointive boards,,
5 commissions, officers, agents and employees from any suits or
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6 !actions at law or in equity for damages caused or alleged to have
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7 been caused by reason of Consultant's performance hereunder
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g including any claims that may arise against City by reason of i
q iConsultant's relationships with City being legally categorized
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tp as other than an independent contractor relationship.
u 11. Equal Employment Opportunity. Consultant shall not
l2 lipdiscriminate against any employee or applicant for employment
t3 because of race, color, religion, sex, or national origin. Con-
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tq jsultant shall take affirmative action to insure that applicants j
l5 for employment are employed, and that employees are treated during 1,
16 employment, without regard to their race, color, religion, sex, or.
t7 (national origin. Such action shall include, abut not be limited toy
tg the following: employment, upgrading, demotion, or transfer;
t9 recruitment or recruitment advertising; layoff or termination;
20 rates of pay or other forms of compensation; and selection for ~
21 training, including apprenticeship. Consultant shall post in
22 conspicuous places, available to employees and applicants for
23 employment, notices to be provided by the Government setting forth!
2a the provisions of this nondiscrimination clause. Consultant shall)
25 state that all qualified applicants will receive consideration
for employment without re and to race color reli ion sex
26 g g , or
i 27 national origin.
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28 12. Release of News Information. No news releases, includ-
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1 'ling photographs, public announcements or confirmation of same, or
2 'any part of the subject matter of this agreement or any phase of
3 'zany program hereunder shall be made without prior written approval
q of City.
5 13. No Benefit to Arise to Federal Employee. No member of
6 '!or delegate to the Congress of the United States, and no Resident
7 'r Commissioner, shall be admitted to any share or part of this
8 I~'agreement or to any benefit to arise from the same.
9 14. No Benefit to Arise to Local Employee. No member,
t0 lofficer, or employee of the City, or their designees or agents,
it no member of the governing body of the City, and no other public I
t2 official who exercises any functions or responsibilities with
t3 ',.respect to the program during his tenure or for one year there-
to !lafter, shall have any interest, direct or indirect, in any con-
i5 'r, tract or subcontract, or the proceeds thereof, for work to be per-~
16 ;'.formed in connection with the program assisted under this agree-
s
17 ~'ment.
i8 15. Amendment. This agreement may be amended or modified
19 only by written agreement signed by both parties and failure on
20 the part of either party to enforce any provision of this agree-
21 ment shall not be construed as a waiver of the right to compel
22 enforcement of such provision or provisions, nor act to release
23 any surety from its obligations under this agreement.
' 24 16. Notices. All notices herein required shall be in
25 writing and delivered in person or sent by first class mail,
26 !postage prepaid, addressed as follows:
27 ~ Director of Community Development Perla Eston
300 North "D" Street 7940 Willow Glen Road
28 San Bernardino, CA 92418 Los Angeles, CA 90046
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l III IN WITNESS WHEREOF, the parties hereto have executed this
2 agreement on the date first hereinabove written.
3 CITY OF SAN BERNARDINO
ATTEST:
4
Mayor
5 [.~G[lAi1/
City Clerk
6
PERLA ESTON
7
s -I"ylilt~k, f,0~~
Approved as to form:
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• szt RETURN RECEIPT, REG
Fmm 3811, A4~
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