HomeMy WebLinkAboutCDC/2009-57
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RESOLUTION NO. ~nU?009-,7
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH CATHERINE F. FEHER
AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR GRANT
AND PROGRAM DEVELOPMENT CONSULTANT SERVICES ON BEHALF
OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO
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WHEREAS, the Northwest Community Redevelopment Corporation has identified the need
for an experienced grant consultant to assist said Corporation in the redevelopment, renovation and
structuring of programs in the City of San Bernardino ("City"); and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has
funds available to support requests of the Corporation in obtaining grant resources; and
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13 WHEREAS, a need exists for the addition of professional-level staff to develop grant
14 funding and project implementation components; and
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WHEREAS, the skills, education, and previous work experience of Catherine F. Feher
16 qualifies her to provide such professional-level services; and
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WHEREAS, the Community Development Commission of the City of San Bernardino
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("Commission") desires to approve an agreement for professional services ("Agreement") with
19 Catherine F. Feher, and the Agency to provide professional grantsmanship and program
20 development consulting services to the Agency in the furtherance of Agency goals.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
22 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
23 FOLLOWS:
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Section 1.
The Commission hereby approves and authorizes the Interim Executive
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Director of the Agency to execute an Agreement with Catherine F. Feher, Grant on behalf of the
26 Agency together with such technical and conforming changes as may be recommended by the
27 Interim Executive Director of the Agency and approved by the Agency Counsel.
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This Resolution shall take effect from and after its date of adoption by this
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH CATHERINE F. FEHER
AND AUTHORIZING EXECUTION THEREOF, PROVIDING FOR GRANT
AND PROGRAM DEVELOPMENT CONSULTANT SERVICES ON BEHALF
OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Conununity
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meeting
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Conunission Members: Aves Navs Abstain Absent
9 ESTRADA X
10 BAXTER X
II BRINKER ---'L
12 SHORETT X
13 KELLEY X
14 JOHNSON X
IS MC CAMMACK X
16 ff4k
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Secretary
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21st day of September ,2009, by the following vote to wit:
thereof, held on the
19 The foregoing Resolution is hereby approved this ~1! day of September
,2009.
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Patri J. Morris, ~rson
unity Development Commission
of the City of San Bernardino
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24 Approved as to Form:
~: By: ~yjJ
Agency Ct!~el
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AGREEMENT FOR PROFESSIONAL SERVICES
Ibis Agreement for Professional Services (this "Agreement ") is made and entered into on this
21" day of September 2009, 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
Catherine F. Feher, (hereinafterreferred to as the "Consultant").
WITNESSETH
WHEREAS, the Consultant has over twenty (20) years of experience in grants and
development supporting programs and projects with various not-for-profit and governmental
organizations in the West and California; and
WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the
Consultant's services for professional-grant writing and program development activities related to the
Northwest Cornmunity Redevelopment Corporation as described in Exhibit "A" (the "Scope of
Services") attached hereto and inGGrporated herein by reference and the Consultant accepts
responsibilities as described herein.
NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual
benefits to be derived there from, the parties agree to enter into this Agreement as follows:
I. TERMS.
(a) This Agreement shall commence as of the day and year first above written and shall
remain in full force and effect until such time as either party provides a written thirty (30) day
termination notice, and shall be subject to appropriate funding within the Agency's annual budget;
provided, however, that the term of this Agreement shall not exceed a duration through and including
September 22, 2010, unless otherwise amended in writing by the parties.
(b) The Consultant shall perform work as requested and as needed by the Agency and
promptly provide the finished producHo the Agency.
2. CONSULTANT RESPONSIBILITIES.
Upon the request of the Agency, the Consultant shall perform each element as needed of the
work described in the Scope of Services, Exhibit "A." The Consultant commits the principal personnel
listed below to the Scope of ServiceB for the duration of this Agreement:
Consultant: Catherine F. Feher
3. AGENCY RESPONSIBILITIES.
The Consultant shall provide all supplies and materials necessary to accomplish the work in the
Scope of Services, Exhibit "A". The Agency.. shall provide, in a reasonable timely fashion, the
Consultant with any documentation, records, reports, statistics or other data or information pertinent to
the Scope of Services, which are reasonably available to the Agency, and necessary to complete
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assignments. Agency will pay for copIes and duplication of grant proposals, mailing and related
submission fees.
4. CONFIDENTIALITY OF REPORTS.
The Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder. Such information shall not be made available to any
person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim
Executive Director or designee.
5. COMPENSATION.
The maximum compensation for the Consultant's services, including Consultant's costs and
expenses, compensation shall be equal to Fifty Dollars ($50) per hour with a maximum not to exceed
the figure of $35,000 in anyone fiscal year. Reimbursement for travel, including travel mileage at the
current Internal Revenue Service rate, and reimbursements for business luncheon meetings shall be
pre-approved by the Interim Executive Director, in writing on a case-by-case basis, and shall be
submitted for reimbursement with the Consultant's monthly invoice as supported by documentation in
accordance with the Agency's policies and procedures. During the term of this Agreement, the
Agency shall pay the Consultant on a bi-monthly basis (every two weeks) upon receipt of an itemized
invoice from the Consultant, normally within two (2) weeks of receipt of said invoice. Said
compensation shall be considered full and complete reimbursement for all of the Consultant's costs
associated with the services provided hereunder.
6. USE OF FUNDS.
The funds paid to the Consultant shall be used solely for the purpose as set forth in this
Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance
with all state, federal and local laws prior to the receipt of any reimbursement hereunder.
7. NONDISCRIMINATION: MONITORING AND REPORTING WORK
PERFORMANCE.
The Consultant shall not discriminate because of race, color, national origin, creed, religion,
sex, marital status or physical handicap. At the request of the Interim Executive Director of the
Agency, or designee, the Consultant shall provide reports or other work products as required, no later
than on agreed upon dates of completion. Failure to provide such work products may prevent payment
of the Consultant's requests for compensation, and may justify the temporary withholding as provided
herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights
hereunder, upon a finding by the Interim Executive Director of the Agency or designee that such
failure was due to extraordinary circumstances and that such breach has been timely cured without
prejudice to the Agency.
8. CONFLICT OF INTEREST.
The Consultant shall maintain a code or standard of conduct. The Consultant shall neither
solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope
of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by
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the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for
violations of such standards by the Consultant.
9. INDEPENDENT CONTRACTOR.
The Parties intend that the relationship between them created under the Agreement is that of an
independent contractor only. The Consultant shall perform each element of the work set forth in the
Scope of Services as an independent contractor and shall not be considered an employee of the
Agency. This Agreement is by and between the Consultant and the Agency, and is not intended, and
shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture,
or association, between the Agency and the Consultant. The Agency is interested only in the results
obtained under the Agreement; unless otherwise indicated and under unusual circumstances, the
manner and means of performing the services are subject to the Consultant's sole control. The
Consultant shall have no right or authority to bind or commit the Agency, unless specifically
authorized in writing by the Interim Executive Director of the Agency in each specific instance. The
Consultant shall not be entitled to any benefits, including, without limitation, worker's compensation,
disability insurance, vacation or sick pay. The Consultant shall be responsible for providing at his
expense, and in his name, disability, worker's compensation or other insurance.
The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all
federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and any other
taxes incurred as a result of the compensation set forth herein. The Consultant agrees further to
provide the Agency with proof of payment upon reasonable demand. The Consultant holds the
Agency harmless from and against any and all claims, demands, losses, costs, fees, liabilities, taxes,
penalties, damages or injuries suffered by the Agency (including, but not limited to, attorney fees and
court costs, whether or not litigation is commenced) arising out of the failure of the Consultant to
comply with this provision. Further, this right of indemnification shall apply to any and all claims,
demands, losses, costs, fees, liabilities, taxes, penalties, damages and injuries suffered by the Agency
as a result of the classification of the Consultant as independent contractor under this Agreement.
The Parties understand and agree that the Consultant has clients other than the Agency. The
Agency further agrees to allow the Consultant to pursue clients as necessary to the betterment of the
Consultant's business. The Consultant's separate business engagements include, but are not limited to,
real estate advisory and brokerage services, as well as other business formation, acquisition and
expansion activities.
10. RECORDS.
The Consultant shall keep full and accurate records of all consulting work performed under this
Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and other
documentation made in the course of the consulting work performed hereunder, or in anticipation of
the consulting work to be performed in regard to this Agreement, shall at all times be and remain the
sole property of the Agency and the Consultant shall turn over to the Agency all copies of the Work
Records within seven (7) calendar days after a written request by Agency.
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11. BUSINESS LICENSESrrIN.
Consultant shall obtain a San Bernardino business license and provide the Agency with
evidence that said license has been obtained on or before September 30, 2009. The Consultant agrees
to keep said license current and valid throughout the term of this Agreement.
The Consultant shall obtain a state and federal taxpayer identification number and shall provide
evidence to the Agency that this number has been obtained.
12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS.
The Consultant at any time has the right to: (a) accept employment or other association with
any person, redevelopment agency, city or company in the United States of America or any Territory
thereof, or through media reasonably accessible by persons in the United States of America or any
Territory thereof, or (b) in the United States of America or any Territory thereof, or through media
reasonably accessible by Persons in the United States of America or any Territory thereof, engage in
activities, projects or services similar in nature or competitive with those of the Agency, limited only
by the confidential information described in Section 4, or (c) become employed by, associate with or
otherwise engage any entity anywhere in the world. The Agency acknowledges that the provisions of
this Section 12 are reasonable in light of the legitimate business needs of the Agency.
13. SUCCESSOR AND ASSIGNMENT.
The services as contained herein are to be rendered by the Consultant whose name is as appears
first above written and said Consultant shall not assign nor transfer any interest in this Agreement
without the prior written consent of the Agency.
14. INDEMNIFICATION.
The Consultant agrees to indemnifY, defend and hold harmless the Agency and the City of San
Bernardino ("City"), its agents, officers and employees from and against all liability, expense,
including defense costs and legal fees, and claims for damages of any nature whatsoever, including,
but not limited to, bodily injury, death, personal injury or property damage arising out of this
Agreement from the Consultant's or the Consultant's employees or agents negligence, errors or
omissions connected with the services performed by or on behalf of the Consultant pursuant to this
Agreement and only for which proceeds from valid collectible insurance is available to Agent or City.
The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on behalf of
the Agency shall be considered as "legal fees" for the purpose of this Section.
15. MODIFICATION.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of
the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it
is in writing and signed by both parties.
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16. CHOICE OF LAW.
This Agreement, and any dispute ansmg from the relationship between the parties to this
Agreement, shall be governed by California law, excluding any laws that direct the application of
another jurisdiction's laws.
17. COMPLIANCE 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.
18. SEVERABILITY.
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 invalidate any other provision contained herein. If
any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed
valid to the extent of the scope or breadth permitted by law.
19. INTERPRETATION.
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 ifit
were drafted by both parties hereto.
20. CONTRACT EV ALVA TION AND REVIEW.
The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim
Executive Director or designee.
21. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the retention of the Consultant by the Agency and contains all the
covenants and agreements between the parties with respect to such retention.
22. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall
be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any
waiver constitute a continuing waiver unless the writing so specifies.
23. ARBITRATION.
With the exception of matters in which equitable or injunctive relief is sought or required, the
parties hereto shall submit all disputes relating to this Agreement, whether sounding in contract, tort, or
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both, to binding arbitration, in accordance with California Code of Civil Procedure Sections 1280
through 1294.2. Either party may enforce the award of the arbitrator under Section 1285 of the Code
of Civil Procedure. The parties understand that they are waiving their rights to a jury trial. For matters
in which equitable or injunctive relief is sought or required, a court of competent jurisdiction shall be
the appropriate forum.
The party demanding arbitration shall submit a written claim to the other party, setting out the
basis of the claim and proposing the name of an arbitrator. The responding party shall have ten (10)
business days in which to respond to this demand in a written answer. If this response is not timely
made, or if the responding party agrees with the person proposed as the arbitrator, then the person
named by the demanding party shall serve as the arbitrator. If the responding party submits a written
answer rejecting the proposed arbitrator and the parties cannot otherwise agree on an arbitrator, on the
request of either party the American Arbitration Association shall select an arbitrator. Except for
discovery (as detailed below), the mechanics of the arbitration shall be established by the arbitrator.
Limited discovery shall be available. No more than thirty (30) days before the arbitration
hearing, a party may serve a document request calling for any document that would be discoverable in
civil litigation. The party served with this request shall deliver the requested documents and any
objections within five (5) business days. The arbitrator may resolve any dispute over the exchange of
documents. Thereafter, each party may take no more than two (2) depositions, each of which shall
last no more than four (4) hours each. The arbitrator may resolve any dispute over the depositions as
they would be resolved in civil litigation.
The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the
prevailing party.
24. NOTICE.
Notices herein shall be presented in person or by certified or registered United States mail, as
follows:
To the Consultant: Catherine F. Feher
9875 Duncan Road
Victorville, California 92392
(760) 646-1983
(760) 949-1518
To the Agency: Emil A. Marzullo, Interim Executive Director
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
Business: (909) 663-1044
Fax: (909) 663-2294
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
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25. ENTIRE AGREEMENT.
This Agreement, with Exhibit "A," constitutes the final, complete and exclusive statement of
the terms of the agreement between the parties pertaining to the engagement of the Consultant by the
Agency and the entire understanding of the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter into this Agreement
by, nor is any party relying on, any representation or warranty outside those expressly set forth in this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first written above.
AGENCY
Redevelopment Agency of the City of
San Bernardino, a public body, corporate and politic
Dated: If) /;;,~,j; t
By: ~
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By ~J
Agency tu~l
CONSULTANT
Dated: Ct. .( 9. 1-cx:f(
BYC~ ~~
Catherine Feher, Grant Writer, and
Program Development Consultant
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Exhibit" A"
Catherine F. Feher
Scope of Services
. Identify, prepare, and submit grant proposals relevant to redevelopment, renovation and recovery
in San Bernardino and lbe Northwest community of the City; work with lbe Northwest Community
and the City to identify redevelopment needs, gather data in support of grants and funding
applications;
. Confer with the Northwest Community Redevelopment Corporation and as needed with the
Economic Development Agency on key redevelopment areas and prepare grant materials
supporting community needs;
. Prepare and submit the Pathways Out of Poverty Grant Proposal and submit same by September
29,2009;
. Prepare and submit a California Community Foundation Neighborhood Revitalization grant to
support revitalization;
. Work with The Foundation Center to locate additional funding sources for redevelopment;
. Identify key cornerstone locations for redevelopment and work with community to obtain grant
funds to implement renovation and recovery; Le., Mt. Vernon keystone area;
. Locate and prepare funding proposals for cleanup of freeway interchange areas in the Sixth Ward;
. Identify and solicit key corporate donors to support community redevelopment, Le., Wal-Mart,
Lowes, Home Depot, Chevron Oil of California, Ben & Jerry Foundation; Tom's of Maine;
. Identify key private foundations and donors, i.e., The Oprah Winfrey Foundation; The Ebony
Foundation; Athletes for Hope, etc.;
. Work with Civic Circle Pre-School on analysis of their redevelopment needs and use them as a
Demonstration Model for redevelopment when funds are received;
. Locate additional funding sources and address client needs as they arise;
. Serve as resource to Northwest Community and the Economic Development Agency.
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