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RESOLUTION NO. /,;;.. 7 c3.z
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO ECONOMIC DEVELOP-
3 MENT COUNCIL RELATING TO CITY'S PUBLIC WORKS EMPLOYMENT ACT FUNDS
IN CONNECTION WITH THE CITY'S IMPACT AREAS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 authorized and directed to execute on behalf of said City an
8 agreement with San Bernardino Economic Development Council
9 relating to City's Public Works Employment Act Funds in
10 connection with the City's Impact Areas, a copy of which is
11 attached hereto, marked Exhibit "I" and incorporated herein by
12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
on the ~~ day of
f~
, 1977, by the following
meeting thereof, held
vote, to wit:
AYES:
NAYS:
ABSENT:
,'"
V" // /J.,
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The foregoing resolution is hereby approve~/this tt! day
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of
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/'
, 1977.
Bernardino
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CJ.ty At orney
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AGREEMENT
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THIS
:itV/ L
a mun cipal corporation, hereinafter called "city", and the SAN
(public works employment act funds)
AGREEMENT is made and entered into this ~czJ day of
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, 1977, by and between the CITY OF SAN BERNARDINO,
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BERNARDINO ECONOMIC DEVELOPMENT COUNCIL, a non-profit corporation,
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hereinafter called "EDC".
WIT N E SSE T H:
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9 WHEREAS, EDC has been in existence since October 3, 1973
10 and has performed services for the City; and
11 WHEREAS, EDC desires that City grant funding to EDC in the
12 amount of seventy-six thousand nine hundred seventy dollars
13 ($76,970.00) from City's Public Works Employment Act funds for
14 the term set forth hereinafter and City desires to grant said
15 funds to EDC,
16 NOW, THEREFORE, in consideration of the mutual agreements,
17 provisions, promises and legal detriments herein contained, it is
18 agreed as follows:
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1. Authorization. The Mayor and Common Council of the
20 City of San Bernardino do hereby authorize EDC to administer
21 activities provided for herein which said activities are planned
22 and designed to expand and increase the economic opportunities
23 for the inhabitants of the City's Special Impact Area, as shown
24 on Exhibit "A" attached hereto, and for all of the inhabitants of
25 the City of San Bernardino.
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2. Services. EDC shall administer and be fully respon-
27 sible for said economic development activities within said Special
28 Impact Area of the City and shall conduct all such activities in
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accordance with all applicable rules, regulations, statutes and
ordinances of the United states of America, the State of Californi ,
and the City of San Bernardino, and EDC specifically shall:
(a) provide technical assistance to the San Bernardino
Local Development Company, a non-profit corporation, which has
the negotiating rights for developing a project at 5th Street and
Mt. Vernon Avenue, in order to insure a sound development concept,
and the securing of the desired tenant mix within the project;
(b) continue to analyze the commercial strip on Mt. Vernon
Avenue between 4th and 9th Streets. Said analysis may include a
study of existing land uses, continuing economic conditions, and
the community needs and capabilities for expansion and growth.
EDC shall, as a result of said analysis, prepare a master plan
concept for this area including therein provisions for successful
business ventures, sound attractive buildings, and desirable
cultural features within said area;
(c) strive to expand the employment and economic
opportunities for the Impact Area inhabitants by seeking out,
identifying, and assisting desirable industries to locate opera-
tions within the City of San Bernardino;
(d) provide a central service center where businesses
considering locating in City may secure necessary governmental
approvals, permits, and meet other requirements; and where said
businesses may receive other assistance;
(e) conduct a comprehensive feasibility study for the
creation and operation of various capital infusion programs for
proposed projects;
(f) confer with and advise appropriate City officials at
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regular, frequent, periodic intervals during the program year,
and submit progress reports on all program activities in the form
and manner prescribed by the City Administrator of the City of San
Bernardino. Said progress reports shall be provided promptly
during the term of funding under this agreement;
(g) comply with the United States Department of Treasury
laws and regulations for the Public Works Employment Act program
including any and all assurances, certifications, maps, schedules
or other submissions made with respect thereto and all U.S.
Treasury Department terms and conditions. EDC represents and
warrants to City that it is familiar with all terms and conditions
of said Public Works Employment Act Program imposed by the
United States Government; and
(h) make applications for federal, state and local
assistance to enhance the economic conditions of the City of San
Bernardino.
3. Payments and Term. City shall pay to EDC from said
Public Works Employment Act funds during the term hereof funds
up to a maximum of seventy-six thousand nine hundred seventy
dollars ($76,970.00), payable in twelve equal monthly installments
of six thousand four hundred fourteen dollars and sixteen cents
($6,414.16) commencing on the 15th day of February, 1977, and
continuing thereafter on or before the 15th day of each succeeding
month.
The funds paid to EDC shall be used by it solely for the
purposes set forth in this agreement during the term hereof in
accordance with Exhibit "B", attached hereto and incorporated
herein by reference.
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A ten percent (10%) or less transfer of funds shall be allowed on
any budget line item, provided the prior approval of the City
Administrator is first had and obtained. At the end of said
term, all unexpended grant funds shall be returned to the City by
EDC.
Prior to the final paYment under this agreement, and at
such ether times as may be requested by the City Administrator or
Director of Finance of City, EDC shall submit to the City
Administrator, with a copy to the Director of Finance, an account-
ing of the proposed and actual expenditures of said funds,
including the line item amounts and purposes for which said funds
have been spent or obligated.
Fiscal books and records in a form satisfactory to City's
Finance Director shall be maintained by EDC in such a manner as
to permit the City to readily trace the expenditures of the funds
provided by City hereunder. All books and records of EDC shall be
kept open for inspection at any time during the business day by
City, its officers or agents. All accounting reports required
hereunder shall be submitted by EDC in conformity with established
City guidelines and audit guides.
4. Charges and Fees. City reserves the right to require
EDC to obtain the prior written consent of City for the imposition
of any charges or fees, and the amounts thereof for funded serv-
ices, and of any rules and regulations governing said services.
5. Freeze on Payments. The City Administrator, with the
concurrence of the Mayor, is authorized to place a freeze on or
terminate the paYments of funds to EDC when any violation of this
agreement, in the opinion of said City Administrator, occurs.
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1 I Said freeze shall continue until such violation is overruled by or
2 I corrected to the satisfaction of the Mayor and Common Council.
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6. Hold Harmless, Etc. EDC hereby covenants and agrees
4 to indemnify and save harmless, the City and its employees and
5 agents from all liabilities, charges, expenses (including counsel
6 fees), suits or losses, however occurring, or damages arising or
7 growing out of the use or receipt of the funds paid hereunder and
8 all obligations under this agreement; paYments hereunder are made
9 with the understanding that the City is not involved in the
10 performance of services or other activities of EDC. EDC and its
11 employees and agents are independent contractors and not employees
12 or agents of the City in performing said services.
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7. Termination. If EDC shall fail to comply with any
14 term, condition or provision of this agreement or fails to use the
15 funds as herein provided, the City may terminate this agreement by
16 mailing written notice to EDC, and this agreement shall thereupon
17 terminate forthwith.
18 Notwithstanding any other provision of this agreement, City
19 shall have the right to terminate this agreement and any funding
20 hereunder for any reason by mailing to EDC a thirty-day written
21 notice to EDC, and this agreement shall terminate upon the
22 expiration of a thirty-day period after the mailing of said notice.
23 Thereafter, any unpaid funds shall not be prorated or paid to EDC.
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8. Notices. All notices herein required shall be in writ-
25 ing and delivered in person or sent by certified mail, postage
26 prepaid, addressed as follows:
27 San Bernardino Economic Development Council
330 North "D" Street
28 San Bernardino, California 92402
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City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
9. Non-Assignability. EDC shall not assign this agree-
ment, or any interest therein, without first obtaining City's
written consent thereto.
10. Time of Essence. Time is of the essence with respect
to the performance of the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
4/~~
;' Mayor Pro
Tempore
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_ '-,.L:,.J '. ~
., /" .A.A:"-A" ~L:" -/
ci1y Clerk t: .1
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By
By
By
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CITY OF SAN BERNARD1NO
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EXHIBIT "A'"
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P-EVI~-ED AlL AHE,DED AS PE~ 1/31 A.l-1D 2/1/71,
PE:RSONN=.L 3R.::.':.KDOwll
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S~~ BE~~A~D~NO ECONOMIC DEVELO?~E~7 CCU~C!~
&~NUA~ OPE~':.TING 3UDGET
TITLE SA.. "~v /loION""'. -.. il-:Jv/y-UJ., S3EI;C ,............
. Lr_..... .. :: ~t\L _~_ ::..:' ~ ....:. :'r.
-
Execu"!:ive Vice-?~es. $2~275.00 $:?7, 300.00 $27,300.00 -0-
~. Di::,-. neW' Business Devel. $1,833.33 $22,000.00 $22,000.00 -0-
D~r. Iridus. Devel.. $1,312.50 $15,750.00 $15,750.00 -0-
np i:y . Dir. Incus. Devel.$l,166.80 514,001. ~O S 2,520.00 $11,481.50
$ $ .
Sec-q./?-ec.ep. 593.02 7,ll6.20 -O- S 7,1l5.20
B~i~FIT CONTRI3u~IONS~
L~e~?1oymen't I~suranc.e - Per Year
~crk:enls'Co~eDSation - Per Year
Grot.."? Health Insurance -?er Year
TOT;~ PERSO~~L EXPENS~S
- *::s~i:::a\:ed
NON-PERSONNEL EX?ENSES
..
IT~M MONTHLY }_)j}tUALLY s=~uc ~TA
TelephocE! . $ 200.00 $ 2,400.00 $ 2,400.00 -0-
Conferences $ 100.00 $1,200.00 $ 1,200.00 ~o-
}'.is cella:oeous $ 250.00 $ 3,000.00 $. 3,000.00 -0-
TCTAL ~ON-p~?-SO~rnELEX?E~S~S
S 6.600.00
7 ..
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TOTAL ;JiNUAL Op~~~rING EX?~rS~S
576.970.00
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518,597.80
EXHIBIT liB"
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