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HomeMy WebLinkAboutCDC/2008-40 1 2 3 4 5 6 7 RESOLUTION NO, CDC/2008-40 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT ("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL CITY EAST, MT, VERNON CORRIDOR, SOUTHEAST, UPTOWN AND SOUTH VALLE REDEVELOPMENT PROJECT AREAS) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") has requested funding in the amount of $250,000 for the administration and implementation of a Community Beautification Services ("CBS") Program; and WHEREAS, the Community Development Commission of the City of San Bernardino ("Commission") has set aside Redevelopment Agency of the City of San Bernardino ("Agency") funding for the program through the budget process for Fiscal Year 2008-2009 in the amount of $250,000; and WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained in landscaping, tree trimming, graffiti abatement and general construction who will be hired as Agency employees for a one-year-demonstration project as contract employees; and WHEREAS, services under the CBS Program will be provided 1D the following Redevelopment Project Areas: Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Commission hereby approves the MOU in the form as attached hereto 28 and hereby authorizes the Interim Executive Director of the Agency to execute the MOU on behalf of the Agency together with such technical and conforming changes as may be recommended by the I P:\ASClldu\Raolutions\Raolutions\2008\lo-20-08 Parkll COlIIlIIUllity 8eIIatitklitioa Sen1ca Program CDC Reso.doc: , CDCr2008-40 1 Interim Executive Director of the Agency and approved by the Agency Counsel. 2 Section 2. 3 Commission. 4 /11 5 11/ 6 11/ 7 11/ 8 /11 9 III 10 III 11 III 12 11/ 13 III 14 III 15 III 16 11/ 17 11/ 18 11/ 19 III 20 11/ 21 11/ 22 III 23 11/ 24 III 25 III 26 III 27 III 28 III This Resolution shall take effect frorn and after its date of adoption by this 2 P:\Aaeod..\Resolutioas\ResoludoDJ\1OO1\lo-2:~ Para Community BuutirKlltioa Senica PJvan.m CDC ReJo.doc . 1 2 3 4 5 6 7 8 CDGl2008-40 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT ("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL CITY EAST, MT, VERNON CORRIDOR, SOUTHEAST, UPTOWN AND SOUTH VALLE REDEVELOPMENT PROJECT AREAS) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a 10int regular 10 thereof, held on the 20th day of October 11 Commission Members: Aves Navs 12 ESTRADA x 13 BAXTER x 14 BRINKER x 15 DERRY x 16 KELLEY x 17 JOHNSON x 18 MC CAMMACK 19 21 The foregoing Resolution is hereby approved this lllld day of October 22 23 20 24 25 rneeting , 2008, by the following vote to wit: Abstain Absent x ~ S<<.-, - - . ,2008. P .CK J. Morris, Chm n Co .ty Development Commission of the City of San Bernardino 26 Approved as to Form: 27 28 By: ~ ~L A;~o~el- 3 l':\Agelldu\Resolutloos\llesolutiom\2:OO8\1D-:ZG-08 Parb Commualey Buudfkadon Servlca Pf9II'IIm CDC Reso.doc MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (COMMUNITY BEAUTIFICATION SERVICES PROGRAM) Dated as of October 20, 2008 1 P:\AgeDdu\AseDda Anachmems\AaeDda Attacbments\AgeDda Attachments\Agrmts-Amend 2008\10-09-08 hrks Comnnmity Beautification ServiceI Prosram MOU FINAL.doc MEMORANDUM OF UNDERSTANDING This Mernorandum of Understanding (this "Agreement") is dated as of October 20, 2008 (the "Effective Date"), and is entered into by and between the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") and the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, being a community redevelopment agency existing pursuant to the Health & Safety Code of the State of California (the "Agency"), and this Agreement is entered into with respect to the following facts set forth in the Recitals: RECITALS WHEREAS, Parks has requested funding in the amount of $250,000 for the administration and implementation of a Community Beautification Services Program ("CBS Program") as the primary purpose of this Agreement and as the CBS Program shall be initiated by the Agency; and WHEREAS, the Community Development Commission of the City of San Bernardino ("Commission") has set aside Agency funding for the program through the budget process for the Fiscal Year 2008-2009 in the amount of $250,000 for staffing for undertaking the projects and at the locations as set forth on Exhibit "A" to this Agreement; and ' WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained in landscaping, tree trimming, graffiti abatement and general construction who will be hired as Agency contract employees for a not to exceed term of one-year in furtherance of the demonstration project for the CBS Program subject to further evaluation of the merits and accomplishments of the CBS Program for possible continuation during the next subsequent Fiscal Year; and WHEREAS, services under the CBS Program will be provided in the following Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. NOW, THEREFORE, THE CITY OF SAN BERNARDINO PARKS, RECRATION AND COMMUNITY SERVICES DEPARTMENT AND THE REDVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DO HEREBY MUTUALLY AGREE AS FOLLOWS: Section 1, Recitals, The parties acknowledge and agree that the recitals as set forth above are accurate and correct in all respects. Section 2, Accomolishment or Public Purooses, The parties acknowledge and agree that this Agreement provides Parks with the resources necessary to administer and implement the CBS Program. The funding provided for this CBS Program will be utilized to purchase a work van and trailer to be owned by the Agency, as well as, undertake tree trimming, and graffiti abatement and purchase landscaping equipment and supplies. The CBS Program will be staffed by a three (3) person team cross-trained in landscape issues, tree trimming, graffiti abatement and general construction who will be hired and managed in the manner as provided in this Agreement. Parks 2 P:\Agmdas\Agalda Attachments\Apnda Attacbmema\Apnda A1tacbmeDu\Agrmu-Amend 2008\10.0us Parks Comrmmity Bautifieation Services Program MOU FINAL,doc shall accomplish the beautification and other repairs as necessary to those projects and at the locations as identified on Exhibit "A" as attached hereto and incorporated herein by reference. The Director of Parks and the Interim Executive Director of the Agency are hereby authorized to mutually agree on changes, modifications and deletions to the projects and at the locations identified on said Exhibit "A" for which Parks shall provide the services pursuant to this Agreement. All such changes, modifications and deletions shall be in writing, shall be executed by the Director of Parks and the Interim Executive Director of the Agency and shall become a part of this Agreement until further changed, modified or deleted by subsequent actions as authorized herein. Section 3. Duties and Responsibilities or Parks, (a) Parks will administer and implement the CBS Program focusing on providing a rapid response to blight abatement and other tree and landscape replacement issues in and around the downtown area and at the City's major transportation and commercial corridors which are primarily located in redevelopment project areas. In addition, the CBS Program crew will provide basic property care-taker services for various Agency owned properties throughout the downtown area as may be directed by Parks upon the written request of the Agency to Parks. (b) Parks recognizes the benefit of administering and implementing the CBS program in the following Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City North, CentraI City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle. (c) Parks shall be responsible for all daily management and supervision of the three (3) employees to be hired by the Agency for the CBS Program. In the event there should arise any need for personnel actions or other disciplinary actions to be taken with respect to any of the three (3) CBS Program employees, Parks shall recommend such appropriate actions or remedies as may be deemed appropriate by Parks under the circumstances and the responsibility for implementation and enforcement of all personnel policies of the Agency as applicable to such contract employees shall be solely the duty and responsibility of the Agency and not the duty or responsibility of Parks. (d) All purchase orders and invoices for the acquisition of supplies and materials in furtherance of the CBS Program shall be processed in the manner required by the adopted Policies and Procedures of the Agency, and the Agency, after review and approval of all such submitted purchase orders and invoices by Agency Staff, shall issue the checks to the required suppliers and vendors as recommended by Parks. Parks shall adhere to all such adopted Policies and Procedures as may be in effect from time to time regarding the purchaser of materials and supplies for Agency purposes. The Director of Parks shall be required to approve and execute all requests for payment as may be submitted by Parks to the Agency for payment. Section 4. Duties and Responsibilities ofthe Al!encv, (a) In addition to any other powers which the Agency may have, the Agency may exercise all of the powers, rights and authorities of the Agency as set forth in the Redevelopment Plan and the California Community Redevelopment Law, sometimes referred to as the CRL as defined and further referenced in the recitals, with respect to the lands and property situated within the above referenced Redevelopment Project Areas in furtherance of the purposes of this Agreement. 3 P:\Agendu\Apda Attaehments\Asend& AttacIuneDts\Apncla Attachments\Agnnts-Amend 2008\10-09-08 Parks COlmlllDity BeautifIcation Servica Program MOU FINAL.doc (b) Unless otherwise agreed by the parties, Parks and the Agency recognize the Agency's responsibility for the payment of all costs and expenses as may be associated with the implementation of the CBS Program as may hereafter be authorized to be undertaken by the Parks and the Agency as may be anticipated by this Agreement as deemed necessary or desirable by the Agency. (c) The Agency shall hire the three (3) employees required for the CBS Program as contract employees for a period oftime not to extend beyond June 30, 2009, subject to further budget authorizations from the governing body of the Agency. The salaries and other costs of all such contract employees shall be the sole financial responsibility of the Agency. Section 5, Notices. Formal notices, demands and communications among Parks and the Agency shall be deemed sufficiently given if (i) dispatched registered or certified mail via United State Postal Service, postage prepaid, return receipt requested, as designated in this Section 5, (ii) by personal delivery, (iii) express delivery service with written verification of delivery, or (iv) by electronic transmittal including fax transmissions with telephonic verification of receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may, from time to time, designate by written notice to the other parties. Copies of all notices, demands and communications shall be sent as follows: Parks: City of San Bernardino Parks, Recreation and Community Services Department 201 North "E" Street, Suite 103 San Bernardino, California 92401 Attention: Director Phone: (909) 384-5030 Fax: (909)384-5160 Agency: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attention: Interim Executive Director Phone: (909) 663-1044 Fax: (909) 663-2294 Notices which are dispatched by registered or certified mail through the United States Postal Service shall be deemed to be given three (3) business days after deposit with the United States Postal Service, and notices which are given by personal delivery shall be deemed to be given upon such personal delivery. Notices dispatched by express delivery service shall be deemed to have been given upon receipt by the party receiving such notice and execution of the delivery receipt, and notices dispatched through electronic transmittals shall be deemed to have been given upon telephonic verification of receipt. 4 P;\Apndas\Agenda Attaclunem.\Agenda Attacbments\AgeDda AttacbmeDts\Agrmts-AmeDd 2008\10-09-08 Parks comm.mity Beautification Services Program MOO FINAL.doc Section 6. Indemnification and Hold Harmless. Parks and the Agency hereby agree to indemnifY, defend and hold hannless each of the other parties to this Agreement and each of their officers, officials and employees from any and all loss, liability, claim, cost, expense or judgment, including attorney's fees, that may result from the implementation of this Agreement by each of the respective parties for their actions and those actions or inactions as may be the direct or indirect results occasioned by each of the parties. In the event there is any legal challenge filed against one or more of the parties to this Agreement based upon the approval and execution of this Agreement by such party, the party named in such action, and each such additional party to this Agreement if named in a lawsuit, shall pay their own costs to defend such legal challenge as to their approval and execution of this Agreement. Section 7, Term or Aereement. The Effective Date of this Agreement shall commence as of the date set forth in the introductory paragraph hereof which shall be the date of the finaI execution and delivery of this Agreement by both parties. This Agreement shall continue in full force and effect for eight (8) months from and after the Effective Date (the "Term") unless the Term shall have been amended to either shorten or extend the Term by the then current parties hereto. The Term of this Agreement shall automatically terminate upon such date when either party hereto terminates participation in this Agreement pursuant to Section 8 hereof. Section 8, Termination of Participation bv a Party, Either party to this Agreement may terminate their participation in this Agreement and their respective duties and obligations effective upon the delivery of notice to the other parties. Such notice shall specifY an effective date for such termination of participation in this Agreement which date shall be not less than thirty (30) calendar days following the receipt of written notice by the other party or parties to this Agreement, as provided in Section 5 above. No such voluntary termination by a party shall relieve such party of the obligations incurred pursuant to Section 6 for indemnification, defense and hold harmless oblations to the other parties for actions or events which arose prior to the effective date of any termination by a party. Section 9, Entire Aereement of the Parties, This Agreement represents the entire agreement by and among Parks and the Agency with respect to the CBS Program as set forth herein. Section 10. Govemine Law: Invalidity or Anv Provision or Alrreement, This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable as among the parties, the remaining provisions will continue in full force and effect. Section 11, Amendments, This Agreement may only be amended, changed, modified or altered by a writing signed by each of the parties and approved by the respective governing boards thereof in the manner as required by applicable law. Section 12, Approval and Effective Date of Asrreement, This Agreement has been duly approved and authorized for execution and delivery by the Community Development Commission on behalf of the Agency, and this Agreement has been duly executed and delivered by the parties hereto. This Agreement may be executed in counterparts and when fully executed by the parties, it shall be effective for all purposes as of the date set forth in the introductory paragraph as defined and set forth therein as the Effective Date. 5 P:\Ajendu\Aaend& Attachments\Apnda Attachments\Aaenda Attachmcnts\AgJmts-Amend 2008\10-09-08 Parks CommunityBelutification Services Program MOU fINAL.doc:: AGENCY Date: ~I !~lr; Redevelopment Agency of the City of San Bernardino 2:ulR By: Emil A. Marzu1lo, Interim Executive Director Approved as to Form and Legal Content: By: V~ 'xl j AgenCYCO~ PARKS City of San Bernardino Parks, R . n and Co unity Services Department Date: 3~ vin Hawkins, Director 6 P:\Apndu\Agenda Attadments\Agenda Attaebments\ApDda AttaehrnentMgrmAmend 2008\1~8 Pam Community BCll1Itifk:ation Service!I Program MOU FINAL.doc EXHIBIT "A" List of Projects and Locations to be maintained by Parks (Subject to modification by Parks and the Agency) 1. 478-480 North "D" Street (APNs: 0134-141-28 and 29) Lots south of the Strip Center at 5th and "D" Streets - requires mowing and edging. 2. 512 West 5th Street (APN: 0134-062-12) Parking lot at the northwest corner of 5th and "E" Streets - requires mowing and edging, trimming bushes and sweeping parking lot routinely 3. 1222 West 5th Street (APN: 0138-122-33) Parking lot in front of the Strip Center on 5th Street between Mt. Vernon and Garner - requires mowing and edging, trimming trees and bushes as needed, and sweeping parking lot routinely. 4. East Cooley Lane (APNs: 0281-041-41 and 0281-031-51) Parking lots on the north side of Cooley Lane, west of Tippecanoe - requires mowing and edging, trimming trees and bushes as needed, and sweeping parking lot routinely. 5. 450 North "E" Street, CinemaStar Theater (APNs: 0134-121-24; 0134-131-25, 26, 27 and 28) Northwest corner of 4th and "E" Streets - requires mowing and edging, trimming trees and bushes and cleaning planters as needed. 6. 5th and "F" Streets (APNs: 0134-121-25 and 0134-131-29) Parking lots behind the CinemaStar Theater and the California Theatre of the Performing Arts - requires trimming trees and bushes, cleaning planters and sweeping parking lots as needed. 7. 1350 South "E" Street (APNs: 0141-252-04 and 06) Former Municipal Water District Offices - requires mowing and edging, trimming trees and bushes and blowing parking lots occasionally. 7 P:\Apldas\Apnda Attaclunmts\Apnda Attacbmcnts\Agalda Attaehrnents\AgAmend 2008\10-09-08 Perks Conmunity Bautification Services Program MOO FINAL.doe