HomeMy WebLinkAbout1987-401
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RESOLUTION NO. 87-401
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CONNERLY & ASSOCIATES, INC. FOR A
SURVEY OF MOBILE HOME PARKS WITHIN THE CORPORATE BOUNDARIES OF
THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Connerly & Associates, Inc., for a survey of
mobile home parks within the corporate boundaries of the City of
San Bernardino, which Agreement is attached hereto, marked
Exhibit "An, and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
15 Bernardino at a n ad-iourned reqular
meeting thereof, held
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on the
day of
, 1987, by the
4th
November
17 following vote, to wit:
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AYES:
Council Member
Estradc:., He.illY-L__E1gres-I ___
Maudslcy, Minor, Pope-Ludlam, Millpr
NAY S :
None
ABSENT:
None
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,-",'" ,'If /t2",,?':::7Y.
/City Clerk
11-3-87
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The foregoing resolution is hereby approved this ~,~~ 6/<-..
2 day of
, 1987.
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Approved as to form
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11-3-87
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of San/Bernardino
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A G R E E MEN T
THIS AGREEMENT is entered into by and between the City of
San Bernardino, a charter City ("City"), and Connerly &
Associates, Inc., a California corporation ("Consultant").
WITNESSETH:
WHEREAS, City desires Consultant services to undertake a
survey of mobile home parks within the corporate boundaries of
the City; and
WHEREAS, Consultant is expert and able to perform the
necessary study.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform the following tasks:
Task 11. Consultant shall complete a survey involving
each of the 41 mobile home parks in the City, including both the
residents and the owners. The survey shall be conducted in such
a way that the results are valid at the 95% competence level
based on the total data sample. In addition, results of the
survey shall be analyzed for the total data, and for each
individual park, with appropriate cross tabulations by relevant
variables.
Both the survey instrument and the detailed data analysis
plan will be developed by the Consultant and submitted to the
City for review and approval before proceeding with data
collection.
In addition to the final report, all raw data (consisting
of completed survey instruments) as well as data prepared for
Consultant's computer analysis will be turned over to the City
and become the City's property at the completion of the study.
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EXHIBIT A
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The intent of the renter survey is to establish a renter
profile on housing costs, income and household characteristics
(family size, age, ethnic background, etc.), in order to identify
the possible need for a rent control ordinance, or some other
form of assistance.
In addition, the mobile home park owner survey will
establish a housing cost profile of each mobile home park.
Task 12. Consultant shall research and analyze recent
mobile home park assistance programs and other related programs
that have been implemented by other jurisdictions.
Task 13. Consultant shall develop recommendations for a
mobile home park assistance program based upon survey findings
developed under Task iI, and various options for the City of San
Bernardino.
Task '4. Consultant shall identify a feasible alternative
to the recommended program including, but not limited to,
strategies for mobile home park conversions (including advantages
and disadvantages of different conversion models), rent control,
rent stabilization and vacancy decontrol.
Task '5. Consultant shall develop cost estimates for
recommended program and alternative, and analyze available
funding sources for maintenance and operation of the recommended
program and alternatives.
Task 16. Consultant shall meet with selected groups, as
necessary, to discuss and review the survey questionnaire,
recommended program, alternative programs, final report, or any
other aspect of the project as requested by the Director of
Community Development.
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1 Task 17. Consultant shall prepare a narrative on the
2 details of each preceding task, to be presented in a final
3 report. The narrative on Task 11 shall include a discussion of
4 each survey question.
5 Task 18. Consultant shall submit a final report to City
6 containing the results, analysis and conclusions obtained from
7 the previous seven tasks.
8 2. All information, data and reports, existing and
9 available to the City as related to the performance of scope of
10 services shall be furnished to the Consultant without charge.
11 3. The term of this Agreement shall be from the date of
12 execution until ninety (90) days thereafter. It is anticipated
13 the Consultant will have approximately forty-five (45) calendar
14 days to complete the survey phase of the project, and
15 approximately forty-five (45) calendar days to analyze the data,
16 produce the final report, and make a presentation to the Mayor
17 and Common Council of the City of San Bernardino.
18 4. A. City agrees to pay Consultant as outlined in the
19 proposal submitted by Consultant and dated October 19, 1987.
20 Said proposal is attached hereto as Exhibit B and incorporated
21 herein. Within fifteen (15) days after execution of this
22 Agreement, City agrees to provide Six Thousand Five Hundred
23 Dollars ($6,500) to Consultant in order to initiate survey work.
24 Thereafter, City shall compensate Consultant for costs and
25 expenses incurred in each thirty (30) day period in the
26 performance of this Agreement, provided that Consultant shall
27 first provide to City an itemized statement of all such costs and
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expenses. Total compensation under this Agreement shall not
exceed the sum of Twenty-Six Thousand Eight Hundred Twelve
Dollars ($26,812).
B. Prior to the final payment under this Agreement,
and at such other times as may be requested by the Director of
Community Development of the City of San Bernardino, Consultant
shall submit to the Director an accounting of the proposed and
actual expenditures of all revenues from whatever source accruing
to the Consultant for the fiscal year ending June 30, 1988.
C. Financial records shall be maintained by
Consultant in accordance with generally accepted accounting
principles, and in a manner which permits City to trace the
expenditures of funds to source documentation. All books and
records of Consultant are to be kept open for inspection at any
time during the business day by the City, its officers or agents,
and by any representative of the United States of America
authorized to audit Community Development Block Grant programs.
D. Standards for financial management systems and
financial reporting requirements established by Attachment .FR
and Attachment "G. of Office of Management & Budget Circular
IAllO shall be fully complied with by Consultant. Consultant
acknowledges that the funds provided herein are federal funds.
E. Consultant's financial management system shall
provide for accurate, current and complete disclosure of the
financial results of each program sponsored by this Agreement.
It is the responsibility of Consultant to adequately safeguard
all assets of the program, and Consultant shall ensure that they
are used solely for authorized purposes.
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1 5. Consultant is acting as an independent contractor, and
2 not an employee of the City. Consultant shall not be supervised,
3 directed, or under the control or authority of any City officer,
4 or employee, except and to the extent as may be expressly or
5 implicitly required by this Agreement. Any required direction or
6 control shall be limited to broad objectives or goals and not to
7 the details and procedures to accomplish objectives or goals.
8 6. Should Consultant fail to comply with any term,
9 condition, or provision of this Agreement, City may terminate
10 this Agreement by giving ten (10) days' written notice to
11 Consultant.
12 7. Consultant hereby agrees to and shall hold City, its
13 officers, agents and employees, harmless from any liability for
14 damage or claim for damage, for personal injury, including death,
15 as well as claims for property damage which may arise from
16 Consultant's operations under this Agreement. Consultant agrees
17 to and shall defend City and its elective and appointive boards,
18 commissions, officers, agents and employees from any suits or
19 actions at law, or in equity for damages caused or alleged to
20 have been caused by reason of Consultant's performance hereunder,
21 including any claims that may arise against the City by reason of
22 Consultant's relationships with City being legally categorized as
23 other than an independent contractor relationship.
24 8. Consultant shall not discriminate against any employee
25 or applicant for employment because of race, color, religion, sex
26 or national origin. Consultant shall take affirmative action to
27 ensure that applicants for employment are employed, and that
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employees are treated during employment, without regard to their
race, color, religion, sex or national origin. Such action shall
include but shall not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms
of compensation; and selection for training, including
apprenticeship. Consultant shall post in conspicuous places,
available to employees and applicants for employment, notice to
be provided by the government setting forth the provisions of
this nondiscrimination clause. Consultant shall state that all
qualified applicants shall receive consideration for employment
without regard to race, color, religion, sex or national origin.
Consultant shall include the above provisions in any
subcontractor agreement.
9. No news releases, including photographs, public
announcements or confirmation of same, or any part of the subject
matter of this Agreement, or any phase of any program hereunder
shall be made without prior written approval of the Director of
Community Development.
10. No member of, or delegate to the Congress of the
United States shall be admitted to any share or part of this
Agreement, or to any benefit to arise from the same.
11. No member, officer, or employee of the City or their
designees or agents, no member of the governing body of the City,
and no other public official who exercises any functions or
responsibilities with respect to the program which is the subject
of this Agreement during his tenure or one year thereafter, shall
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have any interest, direct or indirect, in any contract or
subcontract of the proceeds thereof for work to be performed in
connection with the program outlined under this Agreement.
12. This Agreement may be amended or modified only by
written agreement signed by both parties and failure on the part
of either party to enforce any provision of this Agreement shall
not be construed as a waiver of the right to compel enforcement
of such provision or provisions, nor act to release any surety
from its obligations under this Agreement.
13. All notices herein required shall be in writing and
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
City
Consultant
Director of Community Development
Community Development Department
300 North D Street, Fifth Floor
San Bernardino, CA 92418
Connerly & Assoc. Inc.
2215 21st Street
Sacramento, CA 95818
14. The Director of the Community Development Department
of the City of San Bernardino is authorized to temporarily
withhold the payment of funds to Consultant when the Director
determines that any violation of this Agreement has occurred.
Funds shall be withheld until the violation is corrected to the
satisfaction of the Director. Consultant shall have the right to
appeal the decision of the Director to the Mayor and Common
Council. The sole ground for such appeal shall be that no
violation of the agreement has occurred. Consultant shall file
such appeal within fifteen (15) days after such first
withholding.
The Mayor and Common Council shall set a date for
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1 the hearing of such appeal which is within thirty (30) days
2 following the date of filing.
3 15. Financial records, supporting documents, statistical
4 records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Consultant for
6 a period of three (3) years, at a minimum, and in the event of
7 litigation, claim or audit, the records shall be retained until
8 all litigation, claims and audit findings involving the records,
9 have been fully resolved. Records for non-expendable property
10 acquired with federal funds provided under this Agreement shall
11 be retained for three (3) years after the final disposition of
12 such property.
13 16. This Agreement shall not be assigned by a Consultant
14 without the prior written consent of City.
15 17. This Agreement shall be in accordance with the
16 provisions of the Request for Proposals distributed by City and
17 attached hereto as Exhibit A and incorporated herein, and shall
18 also be consistent with the proposal submitted by the Consultant,
19 dated October 19, 1987, attached hereto as Exhibit Band
20 incorporated herein. Should there be any conflict between the
21 provisions of Exhibit A, Exhibit B and this Agreement, these
22 conflicts shall be resolved by means of the following priority:
23 Priority 11 - Request for Proposals
24 Priority #2 - This Agreement
25 Priority 13 - The Proposal of Consultant
26 IN WITNESS WHEREOF, the parties hereto have executed this
27 Agreement on the day and date first above shown.
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1 ATTEST:
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~at?~~$
'City Clerk
Approved as to form
and legal content:
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:J:1AN B~it~
' ~yor
INC.
By
Title
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