Loading...
HomeMy WebLinkAboutR33-Economic Development Agency i I ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DATE: June 19,2002 On"~' '., ~L tl1 ~I'hri SUBJECT: NEIGHBORHOOD INITIATIVE GRANT PROGRAM (NIP) TARGET AREA #1- AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Deputy Director/Director Housiug & Community Development .----.-.--------------------------------------------------------------------------------------------------------------------------------------. SvnoDsis of Previous Commission/CouDcil/Committee Action(s): On May 9, 2002 the Redevelopment Committee recommended approval of this item to the Community Development Commission. -------------------------------------------------------------.------------------------------.------------------------------------------------------------------. Recommended Motion(s): Mavor and Common Council MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE PROVISION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA#I. (Community DeveloDment Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION (I) APPROVING THE ACCEPTANCE OF A $300,000 GRANT FROM THE COUNTY OF SAN BERNARDINO NEIGHBORHOOD INITIATIVE PROGRAM (NIP) GRANT FUND; AND 2) AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY ("AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO ("CITY"), IN THE AMOUNT OF $300,000, FOR THE PROVISION OF INFRASTRUCTURE IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA #1. .------------------------------.---------------------------------------------------------------------------------------------------------------------- Contact Person(s): Project Area(s) Supporting Data Attached: Maggie Pacheco Phone: 663-1044 2 N/A Ward(s): ruND"'G "'GmREMENTd'~ Ii'l Staff Report Ii'l Resolution(s) Ii'l Agreement(s)/Contract(s) Ii'l Map(s) 0 Letter/Memo Neighborhood Initiative Program Grant Funds $ 300,000 Source: SIGNATURE: 2002-2003 Budget ~CP~ Maggie Pacheco, Deputy Director/Director Housing & Community Development .------------------------------------------------------------------------------------------------------ Commission/Council Notes: "D~ oil d)::j dC'f:>J-d2, l2bso ~d()c-);;).- Q-d<. \" I --------------------------------------------------------------------------------.----------------------------------------------------------- P:\Clerical Services Dept\Stephanie\Agenda\COC 2002\7-1-02 NIP Grant #I.doc COMMISSION MEETING AGENDA ,II Meeting Date: 06I0J.l02 '} '/ D:J. Agenda Item Number: ~R3.a I + ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Revitalization and Public Imurovement Proiect in Nei~hborhood Initiative Prol!:ram (NIP) Tarl!:et Area#l- Acceutance of Grant and Al!:reement between the City of San Bernardino and the RedeveIoument Al!:encv BACKGROUND: On September 7, 1999, the Community Development Commission approved a Neighborhood Initiative Program (NIP) Cooperative Agreement between the Agency and the County of San Bernardino Economic and Community Development (County), whereby the Agency and the County would begin NIP activities within six of the seven (7) target areas beginning with NIP#1. According to this Agreement, the first years budget for NIP activities within NIP# 1 was set at $2 million and at that time it was noted in the Agreement that the Agency could request additional funding in year two (2) of the Agreement primarily for infrastructure related improvements. In year 2, Agency staff requested funds from the County and that request was denied. Most recently, Staff submitted a second request to the County in the amount of $300,000 to carry out various public improvements in NIP#1. On March 29,2002, Agency Staff received an approval letter from the County granting the Agency the sum of $300,000 (NIP Grant) for infrastructure improvements to be performed within the confines of NIP# 1, specifically the area between 13th to 18th Streets, D Street to Sierra Way (see Exhibit "B" to the Agreement). Last year around September 2001, the City Public Service Department instituted a program called, "Rolling Thunder", designed to address minor infrastructure deficiencies in residential neighborhoods, and per the NIP/BAT teams recommendation this program was implemented in NIP#1 to compliment the NIP housing efforts. The City expended approximately $25,000 in these minor improvements. Rolling Thunder accomplished the following type of improvements: clearing alleyways and streets of trash, overgrowth and debris and spraying weeds, tree trimming, replanting missing or removing trees, and repairs to potholes, curb facing, grinding of tripping hazards, removal and replacement of sidewalk uplifts and failed driveway approaches. In addition, between NIP, Agency and City resources, street lights were upgraded and new lights were installed, along with the historical lights installed on 18th Street at a total cost of approximately $18,000. However, in spite of these completed improvements, additional improvements have been identified within NIP #1 at an approximate cost of$l million. CURRENT ISSUE: In order to economize and best utilize the limited NIP grant resources, Staff proposes to undertake and complete the necessary infrastructure improvements which consists of installation and replacement of asphalt, cross gutters, alleyways, sidewalks, driveway approaches, curb and gutter repairs, ADA ramps and various other improvements within NIP #1, by entering into a Revitalization and Infrastructure Improvement Agreement with the City of San Bernardino, to be administered by the Public Service Department. Public Service Department possesses the --.--------------------------------------------------------------------------..------------------------------------------------------------- P;\Clerical SCl'Vices Dept\Slcpbanic\Agenda\CDC 2002\7-1-02 NIP Grant # I.doc COMMISSION MEETING AGENDA Meeting Date: 06/03/02 Agenda Item Numbe..: . _l.2l3 Economic Development Agency Staff Report NIP GRANT #1 June 17,2002 Page 2 --------------------------------------------------------------------------------------------------------------------- necessary expertise and has the internal human resources to construct the work within the time constraints and allotted budget stated in the Agreement. The improvements contemplated for NIP Target Area #1 are outlined in Section 2 of the Agreement and are shown on Exhibit "A" of the Agreement, map of the NIP Target Area #1. ENVIRONMENTAL IMPACT: The proposed project is categorically exempt from California Environmental Quality Act (CEQA) requirements. FISCAL IMPACT: The Agency will receive a grant of $300,000 from the County of San Bernardino and utilize it to pay the City for its services under the attached Agreement. RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. <---yn if ~ Maggie Pacheco, Deputy Director/Director Housing & Community Development .--------...---------...-------------------------------------------------------------------------------------------------------------------- P:\ClericaJ Services Depc\Stepbanic\Agendll\CDC 2002\7.1.(}2 NIP Grant # I.doc COMMISSION MEETING AGENDA Meeting Date: 06/03/02 Agenda Item Number: ((.3'1 I I NEIGHBORHOOD INITIATIVE PROGRAM (NIP) - REVITALIZATION AND INFRASTRUCTURE IMPROVEMENT PROJECT IN NIP TARGET AREA #1 THIS REVITALIZATION AND INFRASTRUCTURE IMPROVEMENT AGREEMENT (the "Agreement") is dated as of June _, 2002, by and between the City of San Bernardino (the "City") and the Redevelopment Agency of the City of San Bernardino (the "Agency") and is entered into in light of the facts set forth in the following Recitals: -- RECITALS - - WHEREAS, on September 7, 1999, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the County of San Bernardino of the State of California (the "County") enter into a Cooperative/Delegate Agency Agreement (the "Cooperative Agreement") for use of the Neighborhood Initiative Program (NIP) Grant funds awarded to the County, by the U. S. Department of Housing and Urban Development (HUD), to use within the boundaries of the Agency and County NIP Areas, including, but not limited to, NIP Area I bounded by D Street to the west, Sierra Way to the east, 18 Street to the North and 13th Street to the South as shown on Exhibit A attached hereto and incorporated herein by reference ( the "NIP Area 1 "); and WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and revitalization of neighborhoods through maximizing opportunities afforded by the availability and the leveraging ofthe $15 Million federal Neighborhood Initiative Grant Fund; and WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in the neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City and the County, increase the percentage of owner-occupied residences by concentrating on first time homebuyers, maximize neighborhood participation, involve and commit Agency and County agencies and their resources, intensify code enforcement activities, public infrastructure and public improvements, and to maximize and leverage the use of successful City and or Agency programs and available public resources; and WHEREAS, pursuant to said Cooperative Agreement the County has awarded the Agency NIP Grant Funds in the amount of $300,000 ("Special Grant Funds") to carry out certain public improvements described herein (the "Project") to be installed at various locations within NIP Area I which are intended to stimulate private investment and benefit low and moderate income residents within NIP Area 1; and WHEREAS, in the interest of time and in order to realize economies of scale, the Agency desires to engage the services of the City to help implement the Project as described in Section 2 ofthis Agreement. NOW, THEREFORE, THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERARNARDINO DO HEREBY AGREE AS FOLLOWS: Section 1. PURPOSE OF AGREEMENT. This Agreement provides for the design, construction, installation and financing of the public improvements associated with the i I Project for NIP Area I. The general location of NIP Area 1 is shown on Exhibit "A" attached hereto and incorporated herein by reference. The Agency shall use and apply the Special Grant Funds to reimburse the City for the cost of the design, installation and or construction of the Project within NIP Area I. The City shall be responsible for the design, acquisition and installation, as well as the management and supervision of all aspects of the design, installation and construction of the Project improvements in NIP Area I. The Project improvements are described in Section 2 of this Agreement. Section 2. DESCRIPTION OF THE PROJECT. (a) The Project consists of the design, construction and installation in NIP Area I of the following improvements described below under the heading of "Project Improvements": Project Improvements Estimated Bude:et for Proiect Improvements: (i) Asphalt and Cross Gutter (ii) Alleyway improvements (iii) Sidewalk, driveway approaches Curb, gutter, other public street right-of -way improvements as agreed to by the parties. $145,000 $ 50,000 $105,000 TOTAL AMOUNT OF CURRENT ESTIMATE AND SPECIAL GRANT FUNDS AVAILABLE FOR THE PROJECT: $300,000 The improvement items identified above as (i) through (iii), inclusive are collectively referred to herein as the "Project Improvements". A map identifying the approximate locations within NIP Area I where the Project Improvements shall be installed is attached as Exhibit "B" to this Agreement. (b) The City currently estimates that the cost of the design, installation and construction of each of the Project Improvements is the amount indicated in Section 2(a) under the column heading of "Estimated Budget for Project Improvements". The City in consultation with the Agency, may adjust the final amount of the Special Grant Funds allocated under the Estimated Budget for Project Improvements, and the approval of the Agency of a reallocation of Special Grant Funds among the Project Improvement components of the Project shall not be unreasonably withheld, conditioned or delayed provided the costs of all the Project Improvements does not exceed $300,000. 2 Section 3. AGENCY FUNDING FOR THE PROJECT. The Agency hereby agrees to reimburse the City for the cost of design, acquisition and installment of the Project Improvements in the maximum amount of $300,000. The sole source of funds available to the Agency to reimburse the City is from the Special Grant Fund dispersed to the Agency by the County under the Cooperative Agreement, and from no other funds of the Agency. Should the cost payable by the City for the Project Improvements exceed the Special Grant Fund amount, the City shall then bear all costs in excess of the Special Grant Fund. The City shall submit reimbursement invoices to the Agency for actual Project costs incurred on a monthly basis, or at the election of the City upon completion of the Project Improvements. Said invoices shall be accompanied with all appropriate documentation and submitted to the Agency evidencing that the Project Improvement costs have been incurred and the Project Improvements have been completed in a satisfactory and acceptable condition. Section 4. SCHEDULE OF PERFORMANCE FOR THE PROJECT. The City shall complete the preparation of all plans and specifications for the Project Improvements (including any refinements of modifications to the estimated budget) within sixty (60) days following the date of approval of this Agreement and submit such plans and specifications to the Agency for approval, and such approval shall not be unreasonably withheld, conditioned or delayed. Following the approval by the Agency of such plans and specifications, the City shall cause the commencement of construction of the Project Improvements to occur as promptly and feasible thereafter. The City shall cause the Project Improvements to be completed no later than one hundred eighty (180) days from the date of said commencement of the Project Improvements. Except as otherwise provided in this Agreement, approvals required of the Agency or the City, or any officers, agents or employees of either the Agency or the City, shall not be unreasonably withheld and approval or disapproval shall be given within ten (10) days from receipt of such notice, or ifno time is given, within a reasonable time. The Executive Director of the Agency or the Mayor or hislher designee for the City are authorized to sign on his or her own authority amendments to this Agreement which are of routine or technical nature, including minor adjustments to the Schedule of Performance and the Estimated Budget for Project Improvements line item in Section 2 of this Agreement. Section 5. CITY SHALL PROVIDE CONSTRUCTION PROJECT MANAGEMENT SERVICES FOR THE PROJECT (a) The Agency hereby engages the City to provide construction project management services to complete the preparation of all Project Improvements, together with a Project Improvement plans and specifications, and if applicable, to conduct public works bidding as required by law with respect to the various components of the Project Improvements, either in whole or in part, and to award and manage and administer each construction contract for the Project Improvements as applicable. It is contemplated that certain Project Improvements described in Section 2 may be constructed and installed by the City's Public Service Department. The City hereby accepts such engagement from the Agency and the City agrees to provide, or cause to be provided, all necessary construction project management supervision and services for the Project, including, without limitation, the following services: 3 I. Consulting civil engineering service, as appropriate for all of the plans and specifications necessary to undertake the Project; and 2. During the construction phase of the Project provide for compliance, administration, enforcement and inspection of the work and fiscal accounting as follows: (A) designate and appoint a qualified individual to act as the construction project manager of the City under this Agreement for the Project; and retain all other personnel or services qualified as necessary for the construction management services provided for herein; (8) oversee and review the Project construction schedules and management plans and recommend any corrections needed; (C) inspection services for the Project Improvements; (D) as necessary, facilitate value engineering or other design changes to the scope and quality of each of the Project Improvements so as to ensure that the Project is completed using solely the Special Grant Funds and other funds, if any, contributed by the City; (E) maintain all appropriate documentation concerning the progress, supervision and administration and management of the Project Improvements, including without limitation, time sheets for each City employee performing work related to the Project. The City shall comply with all applicable labor laws in connection with the design, installation and construction of the Project, if applicable. If the City elects to publicly bid the work of installation of any component of the Project, the City shall comply with all applicable provisions of the Public Contractors Code and prevailing wage laws relating to such work. (b) All contracts, work under the contracts, selection and award of the contracts and other matters related to administration of the contracts, if any, shall be administered in accordance with laws, ordinances, regulations or other legal requirements pertaining to the City. Following the approval by the Agency of the final plans and specifications for the Project as set forth in Section 4, the Agency shall return to the City all required approvals or disapprovals relating the performance in the field of any work of the Project Improvements within forty-eight (48) hours after receipt of any request by the City for such approval by the Agency, except if the determined time for the return of the approval by the Agency is not on a business day, then the Agency shall have successive twenty-four (24) extensions of time until the final time for submitting such approval or disapproval is on the next succeeding business day. Failure by the Agency to so approve or disapprove any such request within the required period of time, taking into account permitted extensions of time, shall be deemed to be a waiver of such requested 4 II I approval but shall not be a waiver of any other right or obligation of the Agency to grant approvals generally as may be required by this Agreement. ( c) The City shall act as an independent contractor for purposes of this Agreement and the Agency shall have no control over the selection of personnel or contracts for the carrying out of the services contemplated for by this Agreement. Section 6. PERIODIC REVIEW. This Agreement shall be jointly reviewed by the Agency and the City every sixty (60) days with respect to the management and status of completion of the Project, and the parties shall consider such changes or amendments to this Agreement as shall be mutually agreed upon by the parties after due consideration of the operating experiences or events subsequent to the execution hereof or subsequent to the last review in accordance with the provisions of Section 14 hereof. Section 7. DEFAULTS AND REMEDIES. Except as otherwise provided herein, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The non-defaulting party (the "Non-Defaulting Party") shall give notice of default to the party in default (the "Defaulting Party"), specifying the default complained of by the Non-Defaulting Party. Failure or delay in giving such notice shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. If the default is not cured within ten days after receipt of the notice of default if an obligation to pay money, or within 30 days after the notice of default otherwise, or if such default (other than the payment of money) is of a type which is not capable of being cured within 30 days, then if the default is not commenced to be cured within 30 days after the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the Non-Defaulting Party may thereafter (but not before) commence any proceeding to seek any legal or equitable remedy; provided, however, the Non-Defaulting may seek injunctive relief prior to the above stated cure period having expired if the Non-Defaulting Party deems such action appropriate. In addition to specific provisions of this Agreement, performance by either party hereunder for any obligation other than for the payment of money shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, sabotage, floods, droughts, earthquakes, storms, fires, lightening, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, the existence of hazardous waste freight embargoes, lack of transportation, governmental restrictions of priority, governmental delays (to the extent not resulting from submittals by the City that are not substantially complete), litigation, unforeseen subsurface conditions, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, the absence, termination, interruption, denial or failure of renewal of any entitlements, validly adopted citizens' initiative or referendum, administrative court orders (including pendency thereof), changes in law or acts or failure to act (to the extent not resulting from submittals from 5 the City that are not substantially complete) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within 30 days of knowledge of the commencem'ent of the cause, Times of performance under this Agreement may also be extended by written agreement of the City and the Agency. Section 8. LAW GOVERNING. govern this Agreement. The laws of the State of California shall Section 9. SUCCESSOR AND ASSIGNS. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Agency and the City, and all references in this Agreement to "Agency" or "City" shall be deemed to refer to and include al permitted successors and assigns of such party. Section 10. NOTICES. All notices shall be in writing and presented in person or by certified or registered United States mail, return receipt requested, postage prepaid, or by personal delivery, fax transmission that is telephonically verified or by overnight or special courier delivery made by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States mail shall be deemed effective the second (2nd) business day after deposit with the United States Postal Service. This Section shall not in any manner prevent giving notice by personal service or telephonically verified fax transmission both forms of notice of which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Each party may change or modify their address for receipt of written notice by so notifying the other party in accordance with the notice provisions and in the manner provided by this Section. TO CITY: Attention: Fred Wilson City Administrator 300 N. "0" Street, City Hall San Bernardino, California 92401 TO AGENCY: Attention: Gary Van Osdel Executive Director 201 N. E Street, Suite 301 San Bernardino, California 92401 Section 11. WAIVER. Waiver by any party hereto of any breach by any other party of any agreement, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other agreement, covenant or condition hereof. Failure of any party hereto to enforce a provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 6 III Section 12. SECTION HEADINGS. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 13. ASSIGNMENT. This Agreement may not be assigned in whole or in part without the prior written consent of the other parties hereto in their sole and absolute discretion. Section 14. AMENDMENT. A written instrument duly authorized and executed by the Agency and the City and approved in a manner required by applicable law may only amend this Agreement. No amendment to this Agreement shall be binding upon the Agency or the City unless both parties shall have executed such amendment. The Executive Director of the Agency and the City Administrator are authorized to make minor changes, additions and clarifications to this Agreement provided such changes are not substantive in nature. Section 15. NONDISCRIMINATION. The Agency and the City agree that there shall be no discrimination against any person or group of persons based on race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in the performance of this Agreement. Section 16. SEVERABILITY. In the event that anyone or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or illegal, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained herein. Section 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement of the parties and cannot be amended without the written consent of all parties hereto in the manner as provided in Section 14 hereof. Section 18. TIME. Time is of the essence in the performance of the obligations, which arise under this Agreement. Subject to the force majeure events or delays set forth in the second paragraph of Section 7, the City shall complete the Project improvements promptly in accordance with the schedule set forth in Section 4. The Agency shall honor all payment disbursement requests of the City promptly upon receipt. Section 19. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement. IIII IIII IIII IIII 7 III THIS AGREEMENT has been executed by the City and the Agency as of the date indicated next to the signatures of the authorized officers of each of them as appear below. CITY City of San Bernardino Date: Judith Valles, Mayor APPROVED AS TO FORM: (I Ii .., :".iA:.1A.A.1-_7 __ . I C~Attorney I . '::- /'Y'-"-""'-_ AGENCY Redevelopment Agency of the City of San Bernardino Date: Gary Van Osdel, Executive Director APPROVED AS TO FORM AND LEGAL CONTENT: Agency Special Counsel 8 II I C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 27 C 28 (~@[?'t RESOLUTION NO: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION (I) APPROH:\G THE ACCEPTA:\CE OF A 5300,000 GR.\.\"T FRO:\I THE COC\TY OF SAN BERNARDINO NEIGHBORHOOD INITIATIVE PROGRAM (NIP) GRANT FUND; AND 2) AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY ("AGENCY") TO EXECUTE AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO ("CITY"), IN THE AMOUNT OF $300,000, FOR THE PROVISION OF INFRASTRUCTURE IMPROVEMENTS IN. NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA #1. WHEREAS, on September 7, 1999, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the County of San Bernardino of the State of California (the "County") enter into a CooperativelDelegate Agency Agreement (the "Cooperative Agreement") for use of the Neighborhood Initiative Program (NIP) Grant funds awarded to the County, by the U. S. Department of Housing and Urban Development (HUD), to use within the boundaries of the Agency and County NIP Areas, including, but not limited to, NIP Area 1 bounded by D Street to the west, Sierra Way to the east, 18 Street to the North and 13th Street to the South as shown on Exhibit A attached hereto and incorporated herein by reference ( the "NIP Area I "); and WHEREAS, the mission of the Neighborhood Initiative Program is the preservation and revitalization of neighborhoods through maximizing opportunities afforded by the availability and the leveraging of the 515 Million federal Neighborhood Initiative Grant Fund; and WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in the neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City and the . County, increase the percentage of owner-occupied residences by concentrating on first time homebuyers, maximize neighborhood participation, involve and commit Agency and County agencies and their resources, intensify code enforcement activities, public infrastructure and public improvements, and to maximize and leverage the use of successful City and or Agency programs and available public resources; and 1 III C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 IIII 24 IIII 25 IIII 26 IIII 27 C 28 IIII IIII WHEREAS, pursuant to said Cooperative Agreement the County has awarded the Agency NIP Grant Funds in the amount of 5300,000 ("Special Grant Funds") to carry out cerrain public improvements described herein (the "Project") to be installed at various locations within NIP Area I which are intended to stimulate private investment and benefit low and moderate income residents within NIP Area I; and WHEREAS, in the interest of time and in order to realize economies of scale, the Agency desires to engage the services of the City to help implement the Project as described in Section 2 of this Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS, Section 1. The Executive Director of the Redevelopment Agency (the "Director") is hereby authorized to accept a S300.000 infrastructure grant for Neighborhood Initiative Program (NIP) Target Area I from the County of San Bernardino. Section 2. The Director is hereby authorized to enter into an Agreement between the Agency and the City of San Bernardino for the construction of the necessary infrastructure improvements in NIP #1. Section 3. The Director is hereby authorized to make minor corrections, additions and clarifications to the Agreement, provided said changes are not substantive in nature and do not increase the monetary impact to the Agency pursuant to the Agreement. IIII 2 II I C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 By: 27 C 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMl\HSSION (1) APPROVING THE ACCEPTANCE OF A $300,000 GRANT FROM THE COUNTY OF SAN BERNARDINO NEIGHBORHOOD INITIATIVE PROGRAM (NIP) GRANT FUND; AND 2) AUTHORIZING THE EXECUTIVE DIRECTOR OF THE AGENCY ("AGENCY") TO EXECUTE AN AGREBfENT BETWEEN THE REDEVELOPl\IEIU AGENCY AND THE CITY OF SAN BER1\ARDINO ("CITY"), IN THE AMOUNT OF $300,000, FOR THE PROVISION OF INFRASTRUCTURE IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA #1. I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community Development Commission of the City of San Bernardino at a meeting thereof, held on day of , 2002 by the following vote, to wit: COMMISSION MEMBERS: ESTRADA LIEN AYES NAYS ABSTAIN ABSENT MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK Secretary The foregoing resolution is hereby approved this ,2002. day of Judith Valles, Chairperson Community Development Commission 3 III C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 27 C 28 /~ t(Y ~ ~.~/ ~~Il" '-_ RESOLUTION NO: RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND AUTHORIZING THE MAYOR, OR HER DESIGNEE TO EXEClJTE THE AGREEMENT BETWEEN THE CITY OF SAN BERl\'ARDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERl\'ARDINO ("AGENCY") FOR THE PROVISION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS IN NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA#I. WHEREAS. on September 7, 1999, the Redevelopment Agency of the City of San Bernardino (th "Agency") and the County of San Bernardino of the State of California (the "County") enter into Cooperative/Delegate Agency Agreement (the "Cooperative Agreement") for use of the Neighborhoo Initiative Program (NIP) Grant funds awarded to the County, by the U. S. Department of Housing an Urban Development (HUD), to use within the boundaries of the Agency and County NIP Areas including, but not limited to, NIP Area I bounded by D Street to the west, Sierra Way to the east, I Street to the North and 13th Street to the South as shown on Exhibit A attached hereto and incorporate herein by reference ( the "NIP Area I "); and WHEREAS, the mission of the Neighborhood Initiative Program is the preservation revitalization of neighborhoods through maximizing opporrunities afforded by the availability and th leveraging of the S 15 Million federal Neighborhood Initiative Grant Fund; and WHEREAS, the goals of the Neighborhood Initiative Program are to eradicate blight in th neighborhoods, make an impact both visibly and structurally in the neighborhoods of the City and th County, increase the percentage of owner-occupied residences by concentrating on first time homebuyers maximize neighborhood participation, involve and commit Agency and County agencies and thei resources, intensify code enforcemeni activities, public infrastructure and public improvements, and t maximize and leverage the use of successful City and or Agency programs and available publi resources; and WHEREAS, pursuant to said Cooperative Agreement the County has awarded the Agency NI Grant Funds in the amount of $300,000 ("Special Grant Funds") to carry out certain public improvement 1 . . C 1 2 3 4 5 6 7 B 9 10 11 12 13 14 C 15 16 IIII 17 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 C 28 11/1 IIII described herein (the "Project") to be installed at various locations within NIP Area I which are '.mende;. to stimulate private investment and benefit low and moderate income residents within NIP Area 1: and WHEREAS. in the interest of time and in order to realize economies of scale. the Agenc\' desire.. to engage the services of the City, and the City accepts such responsibility, to help implement the Projec as described in Section 2 of the Agreement. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Mayor or hislber designee, is hereby authorized to enter into an Agreement between the Agency and the City of San. Bernardino for the construction of the necessary infrastructure improvements in NIP #1. Section 2. The Mayor or hislber designee, is hereby authorized to make minor corrections, additions and clarifications to the Agreement, provided said changes are not substantive in nature and do not increase the monetary impact or obligation to the City pursuant to the Agreement. IIII 2 c C 15 C 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING A:\D AUTHORIZING THE MAYOR, OR HER DESIGNEE TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE PROVISION OF CERTAIN INFRASTRUCTURE IMPROVUIENTS 1'\ NEIGHBORHOOD INITIATIVE PROGRAM TARGET AREA#l. 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof, held on the 8 day of , 2002, by the following vote to wit: 9 Council Members: Aves Navs Abstain Absent 10 ESTRADA 11 LIEN 12 MCGINNIS 13 DERRY 14 SUAREZ ANDERSON 16 MC CAMMACK 17 18 19 20 Rachel G. Clark 21 22 The foregoing resolution is hereby approved this day of ,2002. 23 24 25 Judith Valles, Mayor City of San Bernardino 26 Approved ~s to form and Legal Content: I 7 )/-1" -;- rt :Jty Attorney 27 By: __I 3 'I I C 18TH S1 . . . . . . . . . . . . :. . . 'C . ~ . I . . . . . . . 17THS1'" . . . . . . . . ALLEY . . I ~ . . . . I ... . . II) Q 18TH S1 .. . . . . . 18TH . . . .. . . . . . . . ~ .. . :. . . . . 'C . I . . . . . I . . . 15TH 51 . C 15TH . .. . . . . . . .. . . . MAGNOLIA A . . , . . .. . . . . ... . . . . . . II) . I . 14TH . . . . . . .. . . VIRGINIA 6T . . . . . . . . ... . . . . . . . .. . WABASH Sf . . . N . :\ . . . . . . . . '. < 13TH S1 Legend: C . Sid8WIIlkJGutltir R,ptir . 0__, i1 CITY OF SAN BERNARDINO <- Ace... R.mp .~ N Mill. Ov.r18y of StrMt - ,-~" .~. EXHIBIT "A" NIP AREA #1 NIP Project Am So 10 II I ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '1- \ -0 ;). Item # R- 35 f', Vote: Ayes 1- 'I Nays 1d- Abstain Change to motion to amend original documents: >< Resolution # C OC-J :JCf0;).-;e . .e-- Absent e- :SEct: ~ {).(:f:)d- -.;1 ~ S Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: ==-- Direct City Clerk to (circle 1): PUBLISH. POST, RECORD W/COUNTY By: NullNoid After: - Date Sent to Mayor: ']- ')-0 r Date of Mayor's Signature: '1- 3-0:;} Date ofClerk/CDC Signature: 0- ')-0';;-- Reso. Log Updated: ,-/ Seal Impressed: V Date Memo/Letter Sent for Signature: t::,,)~ a~f\\t\.c. 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ~Date Returned: ')- /0 -0:;' See Attached: See Attached: Request for Council Action & Staff Report Attached: Yes.L No By Updated Prior Resolutions (Other Than Below): Yes No~ By Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No~ By Updated CDC Personnel Folders (5557): Yes NO~ By Updated Traffic Folders (3985, 8234,655,92-389): Yes No B Copies Distributed to: City Attorney Parks & Rec. Code Compliance __ Dev. Services_ Police Public Services Water EDA ,/ Finance MIS Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: JrrC Date: '1- / (J -O,;J- Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1)- I-Od- Item # Vote: Ayes 1-'1 Nays .e-- Change to motion to amend original documents: ,/ l223 B Resolution # ()OJ,;). - d-dS Abstain 4- Absent e-- Sa IL&:0 c)k./'dCXJd -;;) 3 , Reso. # On Attachments: ~ Contract tenn: Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: (-:5 -()?- Date of Mayor's Signature: "\ - 3 -o.;;t Date of Clerk/CDC Signature: '1- 3. -0 (j... Date Memo/Letter Sent for Signature: 1::;1)1'1 OOrf\v>,(\ c;, 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: NulVVoid After: - By: - Reso. Log Updated: V Seal Impressed: ...-/ See Attached: ,-/ Date Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney I Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Yes v' No By Yes No L By Yes No ,/ By Yes No y- By Yes Nol By EDA ,/ MIS Finance Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01