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HomeMy WebLinkAboutCDC/2008-34 -. 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. CDC/2008-34 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND THE INLAND VALLEY DEVELOPMENT AGENCY ("IVDA") FOR THE ADMINISTRATION OF THE FEDERALLY FUNDED HIGH GROUND WATERlLIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138 AWARD IN THE AMOUNT OF $950,000) WHEREAS, the Inland Valley Development Agency (the "IVDA") has received a federal 11 grant for the undertaking of a project within the Iuland Valley Redevelopment Project Area (the 12 "Project Area") to mitigate the hazards associated with high ground water; and 13 WHEREAS, the proposed project area within which the high ground water project is located 14 is within that portion of the IVDA Project Area located within the City of San Bernardino; and 15 16 WHEREAS, the IVDA has on July 23, 2008, approved the form of an Agreement by and 17 between the IVDA and the Redevelopment Agency of the City of San Bernardino (the "Agency") in 18 the form as attached to this Resolution as Exhibit "A"; and 19 WHEREAS, the U.S. Department of Commerce, Economic Development Agency ("EDA") 20 requires that the IVDA and the Agency enter into an agreement to administer the funds associated 21 with this project substantially similar to other agreements executed by the IVDA and approved and 22 23 24 accepted by the EDA. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 25 FOLLOWS: 26 27 Section 1. The Community Development Commission of the City of San Bernardino ("Commission") hereby approves the form of the Agreement as attached hereto as Exhibit "A" and 28 hereby authorizes the Interim Executive Director to execute said Agreement on behalf of the 1 P:\Agendas\Resolulions\Resolutions\2008\OS-18'()8 Ground Water-Liquefaction Mitigation Grant Reso,doc ~, . CDC72008-34 -. 1 Agency together with such technical and conforming changes as may be recommended by the 2 Interim Executive Director of the Agency and approved by the Agency Counsel. The Commission 3 further authorizes the payments of the Agency share of the local grant match amount in the dollar 4 figure as set forth in the Agreement. This Resolution shall take effect from and after its date of adoption by this 5 Section 2. 6 Commission. 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 1/1 18 III 19 1/1 20 1/1 21 III 22 III 23 III 24 III 25 III 26 1/1 27 III 28 III 2 P:\Agendas\Resolulions\Resolulions\2008\OS.lS..Q8 Ground Willer-Liquefaction Mitigation Grant Rcso.doc 1 2 3 4 5 6 7 8 CDC/200S-34 ~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND THE INLAND V ALLEY DEVELOPMENT AGENCY ("IVDA") FOR THE ADMINISTRATION OF THE FEDERALLY FUNDED HIGH GROUND WATERlLIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138 AWARD IN THE AMOUNT OF $950,000) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a joint regular 10 thereof held on the lSth day of August , 11 Commission Members: Aves Navs 12 ESTRADA x 13 BAXTER x - 14 BRINKER x 15 DERRY ~ KELLEY x 16 JOHNSON x 17 - MC CAMMACK x 18 19 20 meeting , 2008, by the following vote to wit: Abstain Absent 'K@ Secretary . 21 The foregoing Resolution is hereby approved this cx.(YN day of. August ,200S. 22 23 24 25 26 Approved as to Form: 2287 By:_v~~M L Agenc ~ ~. - Patri J. Mom hairperson unity D~pment Commission of the City of San Bernardino 3 P:\Agendas\Resolutions\Resolutions\2008\08-18-08 Ground Water-Liquefaction Mitigation Granl Rcso.doc CDC/2008-34 AGREEMENT FOR THE ADMINSTRATION OF THE FEDERALLY FUNDED mGH GROUND WATER/LIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138) A WARD IN THE AMOUNT OF $950,000 This Agreement is entered into by and between the Inland Valley Development Agency (the "IVDA") and the Redevelopment Agency of the City of San Bernardino (the "Agency") and is dated as of this ISth day of August, 200S. RECITALS WHEREAS, the rvDA is a joint powers authority established by the legislative bodies of the County of San Bernardino, the City of San Bernardino, the City of Loma Linda, and the City of Colton (collectively, the "Members") pursuant to Govemment Code Section 6500, et seq.; and WHEREAS, the IVDA was created primarily to facilitate the reuse of the former Norton Air Force Base ("NAFB") located in the City of San Bernardino and may exercise the powers common to each of its Members to accomplish the purposes of the IVDA including certain powers pursuant to the Community Redevelopment Law ("CRL") of the State of California as are specifically provided by legislation for the benefit of the IVDA; and WHEREAS, the Members approved that certain Amended Joint Exercise of Powers Agreement dated February 12, 1990, which specifically sets forth the powers of the IVDA ("Joint Powers Agreement"); and WHEREAS, the Agency is a community redevelopment agency, a public body, corporate and politic, established by the City of San Bemardino and is authorized to exercise redevelopment powers pursuant to the CRL; and WHEREAS, the parties seek to define certain commitments between the parties with respect to the application for federal assistance, subsequent award and project implementation for the design engineering of a certain High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project (sometimes herein referred to as the "Project") within the jurisdictional boundaries of the IVDA and the Agency, as applicable; and WHEREAS, the rvDA and the Agency are responsible for all related project management in connection with the anticipated design engineering phase of the Project and shall be responsible for the ownership, operation and maintenance of properties improved by the proposed Project for the useful life of the improvements if and when constructed at such later date as a part of the Project. NOW, THEREFORE, the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino, in consideration of the mutual promises and covenants as herein contained, do hereby agree as follows: I P:\Agcndas\Agenda Attachments\Agrmts-An\end 2008\08-18-08 Ground Water Liquefaction Mitigation Grant Agrecmenuioc ~ . CDC/2008-34 SECTION I. The parties to this Agreement agree to adhere to all requirements set forth in applicable Department of Commerce, Economic Development Administration ("Federal EDA") and the Award documents which include; (1) The Financial Assistance Award. (2) The ED-508 Budget accompanying the Award. (3) The Special Award Conditions and Standard Terms and Conditions for Public Works and Development Facilities accompanying the Award. (4) The Federal EDA publication, Requirements for Approved Construction Projects, which is sent to Recipients after the Federal EDA receives an executed original Award. (5) The provisions of the United States Statutes codified in the United States Code and Federal EDA regulations codified in the Code of Federal Regulations ("CFR") and any Federal Register announcements applicable to Federal EDA Public Works projects. SECTION 2. The parties to this Agreement understand that they will be bound by the application forms and award documents that they shall hereafter execute and the applicable statutes and regulations as provided in this Agreement, and that the parties to this Agreement agree to each submit the following application material with original signatures, including the following enumerated items: a. First page of the Application. b. Assurances (two separate forms). c. Civil Rights Status Report (if necessary). d. Form ED-612, "Current and Projected Employee Data". e. Drug-Free Workplace and Lobbying Certificate. SECTION 3. The IVDA will assume responsibility for filing all required Federal EDA project reports, will be designated to receive and distribute grant funds and will file Federal EDA financial reports and will be responsible for procurement, award and management of the engineering design contract or contracts related to this proposed Project. The IVDA shall issue all requests for qualifications and requests for proposals as may be required in furtherance of the Federal EDA project and shall enter into all such consultant contracts for the engineering design services as contemplated hereunder. The IVDA shall be responsible for the administration of all such contracts and the payment of funds thereunder subject to the financial contributions of the Agency as provided in Section 4 hereof. SECTION 4. The rvDA and the Agency each hereby agree and covenant that the respective parties shall equally share the costs of any and all local matching funds as may be required pursuant to the Financial Assistance Award and any and all other requirements of the Federal EDA project contemplated pursuant to this Agreement. Both the IVDA and the Agency shall contribute such amount of staff resources as may be required to fulfill all other commitments and conditions of such Financial Assistance Award. 1// 2 P:\Agendas\Agenda Attachments\Agnnts-Amend 2008\08-1S-oS Ground Water Liquefaction Mitigation Grant Agreement.doc - < CDC/2008-34 IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the authorized representatives of the parties as of the date as set forth above. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Dated: By: Emil A. Marzullo, Interim Executive Director ATTEST: (SEAL) By: Secretary Approved as to Form: By: Agency Counsel INLAND V ALLEY DEVELOPMENT AGENCY Dated: By: Dennis Hansberger, Co-Chairperson Dated: By: Patrick J. Morris, Co-Chairperson ATTEST: (SEAL) By: Clerk of the Board Approved as to Form: By: General Counsel 3 P:\Agendll8\Agenda Attachments\Agrmts-Amend 2008\08.18.08 Ground Water Liquefaction Mitigation Grant Agreement.doc 'From the desk of..... January 28, 2009 Lorrai~~c1T'r ClER~ 200' JAN 28 PH II SO Margaret, Please be advised that this is not the Agreement that we sent for execution. However, it is the same exact Agreement except it requires the signature of Josie Garcia instead of Dennis Hansberger (as per the original Agreement sent by us). Should you have any questions, please contact Wasana or Tim Sabo at (909) 663-1044, as they approved this action. ~~ City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment. Economic Development. Housing & Community Development ... January 28, 2009 Inland Valley Development Agency (IVDA) Attention: Amelia Alanis, Assistant Clerk of the Board 294 South Leland Norton Way, Suite 1 San Bernardino, California 92408 Re: Agreement for the Administration of the Federally Funded High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a United States Department of Commerce, Economic Development Administration (EDA) Grant (07-49-06138) Award in the amount of$950,000 Dear Ms. Alanis: Enclosed for your records is a fully executed Agreement as referenced above. Should you have any questions regarding this matter, please feel free to call me or Brian Turnbull, Project Manager at (909) 663-1044. Sincerely, C;W'l~ Lo6aine B. Wyche Secretary Enclosure: Agreement for the Administration of the Federally Funded High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a United States Department of Commerce, Economic Development Administration (EDA) Grant (07-49-06138) Award in the amount of $950,000 cc: Brian Turnbull, Project Manager (with Copy of Executed Agreement) Barbara Lindseth, (with Original Executed Agreement) vMargaret Fedor, City Clerk's Office (with Original Executed Agreement) Wasana A. Chantha, Executive Secretary File P:\dcric:aI. Services Dept\LoD"line\LettersUOO9IDt.28-09IVDA Executed AgIl1l. (High Groundwster-Liquef'action Mitigation).doe 201 North E Stt8et, SUite 301 . SIlt> Beman:tino, CaJifOmia 92401-1507. (909) 663-1044. Fax (909) 888-9413 www.sanbemanilno-eda.org AGREEMENT FOR THE ADMINSTRATION OF THE FEDERALLY FUNDED HIGH GROUND WATER/LIQUEFACTION MITIGATION AND ECONOMIC REDEVELOPMENT PROJECT AS RELATED TO A UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT (07-49-06138) AWARD IN THE AMOUNT OF $950,000 This Agreement is entered into by and between the Inland Valley Development Agency (the "IVDA") and the Redevelopment Agency of the City of San Bernardino (the "Agency") and is dated as of this ISth day of August, 200S. RECITALS WHEREAS, the IVDA is a joint powers authority established by the legislative bodies of the County of San Bernardino, the City of San Bernardino, the City of Loma Linda, and the City of Colton (collectively, the "Members") pursuant to Govemment Code Section 6500, et seq.; and WHEREAS, the IVDA was created primarily to facilitate the reuse of the former Norton Air Force Base ("NAFB") located in the City of San Bernardino and may exercise the powers common to each of its Members to accomplish the purposes of the IVDA including certain powers pursuant to the Community Redevelopment Law ("CRL") of the State of California as are specifically provided by legislation for the benefit of the IVDA; and WHEREAS, the Members approved that certain Amended Joint Exercise of Powers Agreement dated February 12, 1990, which specifically sets forth the powers of the IVDA ("Joint Powers Agreement"); and WHEREAS, the Agency is a community redevelopment agency, a public body, corporate and politic, established by the City of San Bernardino and is authorized to exercise redevelopment powers pursuant to the CRL; and WHEREAS, the parties seek to define certain commitments between the parties with respect to the application for federal assistance, subsequent award and project implementation for the design engineering of a certain High Ground Water/Liquefaction Mitigation and Economic Redevelopment Prgject (sometimes herein referred to as the "Project") within the jurisdictional boundaries of the IVDA and the Agency, as applicable; and WHEREAS, the IVDA and the Agency are responsible for all related project management in connection with the anticipated design engineering phase of the Project and shall be responsible for the ownership, operation and maintenance of properties improved by the proposed Project for the useful life of the improvements if and when constructed at such later date as a part of the Project. NOW, THEREFORE, the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino, in consideration of the mutual promises and covenants as herein contained, do hereby agree as follows: SECTION I. The parties to this Agreement agree to adhere to all requirements set forth in applicable Department of Commerce, Economic Development Administration ("Federal EDA") and the Award documents which include; I (1) The Financial Assistance Award. (2) The ED-50S Budget accompanying the Award. (3) The Special Award Conditions and Standard Terms and Conditions for Public Works and Development Facilities accompanying the Award. (4) The Federal EDA publication, Requirements for Approved Construction Projects, which is sent to Recipients after the Federal EDA receives an executed original Award. (5) The provisions of the United States Statutes codified in the United States Code and Federal EDA regulations codified in the Code of Federal Regulations ("CFR") and any Federal Register announcements applicable to Federal EDA Public Works projects. SECTION 2. The parties to this Agreement understand that they will be bound by the application forms and award documents that they shall hereafter execute and the applicable statutes and regulations as provided in this Agreement, and that the parties to this Agreement agree to each submit the following application material with original signatures, including the following enumerated items: a. First page of the Application. b. Assurances (two separate forms). c. Civil Rights Status Report (if necessary). d. Form ED-612, "Current and Projected Employee Data". e. Drug-Free Workplace and Lobbying Certificate. . SECTION 3. The IVDA will assume responsibility for filing all required Federal EDA project reports, will be designated to receive and distribute grant funds and will file Federal EDA financial reports and will be responsible for procurement, award and management of the engineering design contract or contracts related to this proposed Project. The IVDA shall issue all requests for qualifications and requests for proposals as may be required in furtherance of the Federal EDA project and shall enter into all such consultant contracts for the engineering design services as contemplated hereunder. The IVDA shall be responsible for the administration of all such contracts and the payment of funds thereunder subject to the financial contributions of the Agency as provided in Section 4 hereof. SECTION 4. The IVDA and the Agency each hereby agree and covenant that the respective parties shall equally share the costs of any and all local matching funds as may be required pursuant to the Financial Assistance Award and any and all other requirements of the Federal EDA project contemplated pursuant to this Agreement. Both the IVDA and the Agency shall contribute such amount of staff resources as may be required to fulfill all other commitments and conditions of such Financial Assistance Award. III IN WITNESS WHEREOF, this Agreement has been duly approved and executed by the authorized representatives of the parties as of the date as set forth above. 2 . " Dated: //J,)1 , REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDI By: Emil A. Marzullo, ATTEST: ~:Jrl ~o__ Secretary Approved as to Form: By: \ /~ Agency Co s Dated: I/;Jloti . , J116~q . INLAND V ALLEY DEVELOPMENT AGENCY ~3~ B~~ Dated: ATTEST: (SEAL) BY:~~ kA'Ji...+ Clerk of the Board Approved as to Form: By: 'o/t:i~ General Co s 3