HomeMy WebLinkAboutR32-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST APPROVAL TO PROVIDE
A $20,000 GRANT TO THE
NEIGHBORHOOD CLUSTER
ASSOCIATIONS, INC., FOR
NEIGHBORHOOD IMPROVEMENTS
__________________________ OR I G 1 N !t_________~~~i~~i~~g~ ~oo/~~~~___
FROM:
Maggie Pacheco, Director
Housing & Community Development
SUBJECT:
DATE:
May 10, 1999
SvnoDsis of Previous Commission/Council/Committee Action(s):
On May 6,1999, the Redevelopment Committee recommended that this item be forwarded to the Community
Development Commission for approval.
Recommended Motion(s):
(Community Develonment Commission)
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CONTRACT BY AND
BETWEEN THE AGENCY AND NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., FOR
PURPOSES OF CARRYING OUT THE NEIGHBORS HELPING NEIGHBORS GRANT
PROGRAM
Contact Person(s):
Gary Van Osdel/ M. Pacheco
Phone:
5081
Project Area(s)
All
Ward(s):
1-7
Supporting Data Attached: Iiil Staff Report Iiil Resolution(s) Iiil Agreement(s)/Contract(s) 0 Map(s) 0 Letter/Memo
FUNDING REQUIREMENTS Amount: $ 20,000
20% Housing Set Aside
Source:
SIGNATURE:
---CommissioDtCoiiiicffNotes'-----------------
MP:lag:99-05-17 Neigh Cluster
COMMISSION MEETING AGENDA
Meeting Date: 051l7/1999
Agenda Item Number: J .52
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Nei2hborhood Cluster Associations. Inc.
The Office of the Mayor, Nick Gonzalez along with Code Enforcement Director, Glen Baude
have approached Agency Staff regarding the possibility of making available resources to the
Neighborhood Cluster Associations to undertake neighborhood improvements and help improve
the housing within the City.
Although, the Neighborhood Cluster Associations officially became a non-profit organization in
January 1998, they were conceived and have been functioning since 1996. The Associations
"specific purpose is to clean up the City of San Bernardino and adjacent neighborhoods".
Presently, there are 60 Associations of which 35 are active groups. One of the fundamental
purposes of the Associations is to preserve, protect and restore individual neighborhoods
amongst other items. Attached is the Mission Statement for the Neighborhood Cluster
Associations. The Associations are an important partner to the City in that they work very
closely with the City's Code Enforcement efforts to eradicate blighted conditions throughout the
City and County pockets.
The Associations are faced with numerous challenges and/or obstacles. Among them, is the lack
of funding resources to accomplish their mission in the community. The only resources
available to the Associations are membership dues, donations, etc., which are very limited.
Since its creation, the Associations have been self-sufficient and have only relied on the City for
services like code enforcement, refuse, etc.
The Associations wish to implement meaningful projects by establishing a Program called
"Neighbors Helping Neighbors", which will focus on helping neighbors who lack the resources
to paint their home or clean up their yards. In addition, the Associations would undertake
beautification projects that will improve the overall aesthetics of the community. This could
include, but not be limited to, developing community gardens, purchasing paint and supplies for
graffiti abatement, or supplies to paint an owner occupants home (must be income eligible),
purchase of planting material, such as trees and flowers to plant along visible and unsightly
parkways, etc.
MP:lag:99-05-l7 Neigh Cluster
COMMISSION MEETING AGENDA
Meeting Date: 05/17/1999
Agenda Item Nnmber: R32
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Economic Development Agency Staff Report
Neighborhood Cluster Associations
May 3,1999
Page Number -2-
Since this effort is proposed to be a pilot program, used on a first come first serve basis for
eligible activities, a time limitation of approximately nine (9) months will be established for the
program. This should give sufficient time to determine the success rate of the program. Should
the funds not be utilized within the time frame, the funds will be re-appropriated for other
housing and neighborhood activities. The Associations will match this funding by in-kind labor
and sweat equity.
In order to facilitate the efforts of the Associations, staff is proposing to initiate a pilot program
whereby the Agency would grant the Associations the sum of $20,000 from the Agency's 20%
Housing Aside Fund to be used principally for the benefit of low and moderate income
neighborhoods. According to the 1990 census, mainly all of the areas south of the 30 freeway
are considered low and moderate-income tracts and are therefore eligible to participate in the
proposed grant program.
Given the number of Associations that are active, staff envisions that a limit will need to be
established per active area or member association. This will insure that all eligible Associations
have access to the funding. Also, an application will be composed and completed by each
member association seeking funding for their various neighborhood improvements.
The grant program will be coordinated by the Mayor's Office, Nick Gonzalez, in conjunction
with Freddie Spellacy, Executive Director of Neighborhood Cluster Associations, Inc., with
direction from the Housing & Community Development Director.
Fiscal Imoact:
Approval of the Neighbors Helping Neighbors Grant will be funded from unexpended 1998-
1999 Agency 20% Set Aside Housing Fund.
Recommendations:
That the Community Development Commission adopt the attached Resolution approving the
execution of a Contract with the Neighborhood Cluster Associations, Inc., for the Neighbors
Helping Neighbors Grant Program in the amount of $20,000.
, Director
mmunity Development
Attachments:
(1) Resolution
(2) Contract
(3) Mission Statement
MP:lag:99-05-17 Neigh Cluster
COMMISSION MEETING AGENDA
Meeting Date: 05/17/1999
Agenda Item Number:
P~.2.
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RESOLUTION NO:
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A
CONTRACT BY AND BETWEEN THE AGENCY AND
NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., FOR PURPOSES
OF CARRYING OUT THE NEIGHBORS HELPING NEIGHBORS
GRANT PROGRAM
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BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Execution Director of the Redevelopment Agency ("Agency")
is hereby authorized and directed to execute on behalf of said Agency an Agreement with the
Neighborhood Cluster Associations, Inc., to provide neighborhood improvements and
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015 beautification of housing units, a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as though fully set forth at length.
SECTION 2.
The authorization to execute the above referenced Agreement is
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rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0
this resolution.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
(fHE "AGENCY") TO EXECUTE A CONTRACT BY AND BETWEEN THE
AGENCY AND NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC., FOR
PURPOSES OF CARRYING OUT THE NEIGHBORS HELPING
NEIGHBORS GRANT PROGRAM
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
6 Development Commission of the City of San Bernardino at a
day of
7 thereof, held on
8 to wit:
9 COMMISSION MEMBERS:
10 ESTRADA
LIEN
II MCGINNIS
SCHNETZ
12 DEVLIN
ANDERSON
13 MILLER
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meeting
, 1999 by the following vote,
AYES
NAYS
ABSTAIN ABSENT
Secretary
The foregoing resolution is hereby approved this
,1999.
day of
Judith Valles, Chairperson
Community Development Commission
Of the City of San Bernardino
21 Approved as to form and Legal Content:
Agency Cou sel
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0 14 EXHIBIT" A"
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GRANT AGREEMENT FOR HOUSING SERVICES
(NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC.)
THIS AGREEMENT made and entered into as of the 1ih day of May,
1999, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a public body, corporate and politic (hereinafter referred to as
the "Agency"), and NEIGHBORHOOD CLUSTER ASSOCIATIONS, INC.,
("Associations").
RECITALS
1. Puroose
The purpose of this Agreement is to implement a program to initiate
neighborhood improvements and beautification of housing units entitled
"Neighbors Helping Neighbors Program" (the "Program") within the City of
San Bernardino (the "City") as follows:
Neiahbors Heloina Neiahbors Proaram
The Program is being established to assist the Associations in their efforts
to clean up, beautify and enhance low and moderate income residential
neighborhoods within the City of San Bernardino. Specifically, the
Associations will carry out project activities depicted in Attachment No. 1
and incorporated herein by this reference said project activities will be
undertaken in the areas as shown in Attachment NO.2 incorporated herein
by this reference.
TERMS AND CONDITIONS
2. .. 'Mission
Agency hereby retains Associations in the capacity as an independent
contractor for the provision of services described in Attachment No.1.
Associations hereby accepts such responsibility as described herein and
agrees to perform such services in a commercially reasonable
workmanlike manner.
3.
Term
This Agreement shall commence as of the day and year first above shown
and shall remain in full force and effect until February 17, 2000 unless
sooner terminated as provided herein. The Executive Director of the
Agency ("Director") or his or her designee, is authorized to extend this
Agreement for up to ninety (90) days and to make any minor
nonsubstantive changes to the Agreement as long as any such extensions
or revisions are upon the same terms and conditions as specified herein.
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4.
Associations
The Associations shall complete the Program described in Attachment No.
1. Associations agree that the Executive Director of the Associations shall
coordinate and implement the Program herein for the duration of this
Agreement.
5. Reolacement of Named Personnel
No significant diversion or replacement of the individual assigned to
administer the Program on behalf of the Associations shall be made
without Agency approval, provided that Agency may ratify, in writing,
within ten (10) days of diversion or replacement and such ratification shall
constitute the consent of Agency required by this clause. If Agency fails to
respond to Associations within 10 days of notification by Associations,
said personnel diversion or replacement shall be deemed approved.
6. Release of News Information
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No news release, including photographs, public announcements or
confirmation of same, of any part of the subject matter of this Agreement
or any phase of the Program hereunder shall be made without prior written
approval of Agency's Director or designee.
Confidentiality of Reoorts
Associations shall keep confidential all reports, information and data
received, prepared or asse!l1bled pursuant to performance hereunder and
that Agency designates as confidential. Such information shall not be
made available to any person, fir!l1, corporation or entity without the prior
written consent of Agency.
8. Comoensation
During the term of this Agreement, Agency shall provide a grant to the
Associations in the amount of not to exceed $20,000 (the "Grant"). Said
Grant shall be considered full and complete reimbursement for all of
Associations costs associated with the Program services provided
hereunder.
Associations shall be paid in accordance with Agency's standard accounts
payable system. Invoices shall be approved by Agency's Director or
designee prior to payment.
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9.
Riaht to Audit
Agency or any of its duly authorized representatives shall have access to
any books, documents, papers and records of Association and/or its
subcontractors which are pertinent to the Program hereunder. All books
records and supporting detail shall be retained by Associations for a
period of three (3) years after the expiration of the term of this Agreement,
or any extension thereof, or for any longer period of time as required by
law.
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10. Audit Exceotions
Associations agrees that in the event the Program established hereunder
is subjected to audit exceptions by appropriate audit agencies, it shall be
responsible for complying with such exceptions and shall pay the Agency
the full amount of liability resulting from such audit exceptions.
11. Aaencv Suooort
Agency shall, at the request of Associations, provide assistance to the
Associations with respect to Program implementation and to provide
information pertinent to the services to be provided hereunder which are
reasonably available to Agency.
12. Indeoendent Contractor
Associations shall perform the services as contained herein as an
independent contractor and shall not be considered an employee of the
Agency. This Agreement is by and between Associations and Agency,
and is not intended, and shall not be construed, to create the relationship
of agency, servant employee, partnership, join venture, or association,
between Agency and Association.
13. Conflict of Interest
Associations agrees for the term of this Agreement not to enter into any
agreement that will inure to the detriment of the City of San Bernardino.
14. Successor and Assianment
The services as contained herein are to be rendered by Associations
whose name is as appears first above written and Associations shall not
assign nor transfer any interest in this Agreement without the prior written
consent of Agency.
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C 15. Indemnification
Associations agree to indemnify, defend (upon request by Agency) and
save harmless Agency, its agents, officers and employees from and
against any and all liability, expense including defense cost and attomey's
fees and claims for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury or property damage arising
from or connected with Associations' operations, or its services hereunder,
including any works' compensation suit, liability or expense, arising from
or connected with the services performed by or on behalf of Associations
by any person pursuant to this Agreement. The costs, salary and
expenses of the City Attomey and members of his office in enforcing this
Agreement on behalf of the Agency shall be considered as "attorney's
fees" for the purposes of this paragraph.
16.
Insurance
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Without limiting Associations' indemnification of Agency, Associations
shall provide and maintain during the term of this Agreement the following
programs(s) of insurance covering its operation hereunder. Such
insurance shall be provided by insurer(s) satisfactory to Agency and
evidence of such programs satisfactory to Agency shall be delivered to the
Director of Agency or designee within ten (10) days of effective date of this
Agreement.
General Liabilitv: A program including, but not limited to,
comprehensive general liability and a combined single limit
of not less than $1.000.000 per occurrence. Such insurance
shall be primary to and . not contributing with any other
insurance maintained by Agency, and shall name Agency as
an additional insured. Such insurance shall require that
Agency be notified at least ten (10) days in advance of any
change or cancellation of said insurance.
Motor Vehicle Insurance: Insurance including, but not
limited to, comprehensive general liability with a combined
single limit of not less than $300.000 per occurrence. Such
insurance shall be primary to and not contributing with any
other insurance maintained by Agency.
17. ComDliance with Laws
The parties agree to be bound by applicable federal, state and local laws,
regulations and directives as they pertain to the performance of this
Agreement.
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C 18. Non-Discrimination
In the fulfillment of the Program established under this Agreement, either
as to employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other terms of
compensation, selection for training, including apprenticeship or
participation in the Program or the receiving of any benefits under the
Program, Associations agrees not to discriminate nor to allow any
subcontractor to discriminate on the basis of race, color, creed, religion,
natural origin, ancestry, sex, marital status or physical handicap.
19. Severabilitv
In the event that any provision herein contained is held to be invalid, void
or illegal by any court of competent jurisdiction, the same shall be deemed
severable from the remainder of this Agreement and shall in no way affect,
impair or validate any other provision contained herein. If any such
provision shall be deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extend of the scope or breadth
permitted by law.
20.
Interoretation
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No provision of this Agreement is to be interpreted for or against either
party because that party or that party's legal representative drafted such
provision, but this Agreement is to be construed as if it were drafted by
both parties hereto.
21.
Entire Aareement
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the retention of
Associations by Agency and contains all the covenants and agreements
between the parties with respect to such retention.
22. Waiver
No breach of any prOVIsIon hereof can be waived unless in writing.
Waiver of anyone breach of any provision shall not be deemed to be a
waiver of any other breach of the same or any other provision hereof.
23. Contract Evaluation and Review
The ongoing assessment and monitoring of this Agreement is the
responsibility of Agency's Director or designee.
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C' 24. Termination
This Agreement may be terminated by either party by giving the other
party written notice at least thirty (30) days prior to the proposed
termination date.
25. Notice
Notices, herein shall be presented in person or by certified or registered U.
S. Mail, as follows:
To Associations: Freddie Spellacy, Executive Director
Neighborhood Cluster Associations, Inc.
2724 North Waterman Avenue
San Bernardino, California 92404
To Agency: Redevelopment Agency of the
City of San Bernardino
Gary Van Osdel, Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401-1507
C Nothing in this paragraph shall be construed to prevent the giving of notice
by personal service.
26. Entire Aareement
This Agreement with Attachments No. 1 and No. 2 constitutes the entire
understanding and agreement of the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the day and year first above shown.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Title: Executive Director
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
Agency Counsel
NEIGHBORHOOD CLUSTER
ASSOCIATIONS, INC.
By:
Title: Executive Director
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ATTACHMENT NO.1
ELIGIBLE AREAS & SCOPE OF WORK
Eliaible Areas:
The Associations will focus their efforts principally in neighborhoods that are
considered low and moderate income areas. The areas are depicted in
Attachment No. 2 attached hereto this Agreement. Should the Associations
identify projects outside low and moderate income areas, the Associations, will
be required to conduct a neighborhood income survey in order to determine that
not less than 51% of the area residents are low and moderate income
households. In such case, Agency shall assist and guide the Associations with
this effort.
In cases where the Associations carries out projects that are individually owned
by a homeowner, the Associations shall insure that the homeowner meets the
low and moderate income guidelines. Under no circumstances shall the
Associations implement projects on rental, non-owner occupied units.
SCODe of Work
The Associations will be permitted to utilize the Grant to carryout the Neighbors
Helping Neighbors Program which will focus on helping eligible homeowners who
lack the resources to paint the exterior of their home, clean up their yards, or
conduct minor improvements to the exterior of their home. The Associations will
also undertake beautification projects that will improve the overall aesthetics of
the community. This could include, but not be Jimited to the following, developing
community gardens, purchasil1g paint arid supplies for graffiti eradication, or to
purchase planting material, such as trees and flowers to plant along visible and
undesirable parkways, etc.
The Associations will work with Agency Staff to develop an appropriate
application and marketing literature so that Associations participating in the
Neighbors Helping Neighbors Program may complete prior to commencing any
improvements in any proposed area. All participants under the Program shall be
required to complete such application.
The Executive Director of the Associations shall monitor and approve all
applications and expenditures working in concert with the Mayor's Neighborhood
Associations Liaison to insure Program compliance pursuant to this Agreement.
The Executive Director shall provide monthly reports to the Agency Director on
Program progress.
ASSOCIATIONS AGR 5f7f99
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
Date:
May 20, 1999
To:
Gary Van Osdel, Executive Director, Economic Development Agency
From:
Melanie Miller, Senior Secretary
Re:
Transmittal for signature - Resolutions from 05/17/199 meeting
Attached are the following:
Original documents:
Resolution CDC 1999-14
Resolution CDC 1999-15
Resolution CDC 1999-17
Please obtain signatures where indicated on all copies.
Please return the executed original to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
I hereby acknowledge receipt of the above mentioned documents.
S;_ ::;',(4 )' J~~
Date: tltJ, I q CJ
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