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Home My WebLink AboutCDC/2006-55 . - 1 RESOLUTION NO. CDC/2006-55 2 3 4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) BETWEEN THE OLDTIMERS FOUNDATION AND THE AGENCY, REINSTATING SAID AGREEMENT AND AUTHORIZING THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000) ANNUALLY, FOR A THREE (3) YEAR TERM COMMENCING IN 2007, SUBJECT TO ANNUAL FUNDING AVAILABILITY 5 6 7 8 9 10 WHEREAS, the Oldtimers Foundation, a California non-profit corporation ("Foundation") 11 administers the Elderly/Special Needs Minor Repair Grant Program ("Program") on behalf of the 12 Redevelopment Agency of the City of San Bernardino ("Agency") and the Agency and Contractor 13 desires to continue making the Program available to elderly/special needs homeowners; and 14 WHEREAS, on January 6, 2003, the Community Development Commission 15 ("Commission") approved the Contractor Services Agreement Minor Grant Repair Program 16 (Elderly/Special Needs) between the Agency and the Foundation ("Agreement") in the amount of 17 Seventy-Five Thousand Dollars ($75,000) with fifteen percent (15%) allowed for administration, 18 renewable annually for three (3) years and conditioned on availability of funds to operate and 19 administer the Program in the City of San Bernardino ("City"); and 20 WHEREAS, during the three (3) year contract period which ended on January 6, 2006, the 21 Foundation assisted over two hundred tifty-two (252) senior households; and 22 WHEREAS, the Foundation is requesting an increase in the service amount from Seven 23 Hundred Fifty Dollars ($750) to One Thousand Dollars ($t,OOO) per housing unit due to an 24 increase in the cost of materials; and 25 WHEREAS, the Agency and the Foundation desires to amend the Agreement ("Amendment 26 No.1") to reinstate the Agreement, increase the service amount trom Seven Hundred Fifty Dollars 27 ($750) to One Thousand Dollars ($1,000) per housing unit and provide an annual amount not to 28 exceed One Hundred Thousand Dollars ($100,000), for a three (3) year term during the calendar P.\Agendas\ResoIUlions\Rcsnlut;(}l\s\2006\11-20-060Idti1l1e"Foundat;anCDCReso.ooc CDC/2006-55 1 years of 2007,2008 and 2009, subject to availability of the Redevelopment Low- and Moderate- 2 Income Housing Funds CHousing Fund") and performance by the Foundation. 3 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 4 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 5 FOLLOWS: 6 Section J. The Commission hereby approves Amendment No. I to the Agreement and 7 reinstates the Agreement as of the date of said Amendment No.1. The Commission authorizes and 8 directs the Executive Director of the Agency to execute, on behalf of said Agency, Amendment No. 9 1 to the Agreement between the Agency and the Foundation, in the amount not to exceed One 10 Hundred Thousand Dollars ($100,000) annually, for a period of three (3) calendar years comprised 11 of 2007,2008 and 2009, subject to the availability of the Housing Fund for the administration and 12 provision of the Program to eligible single-family homeowners within the City limits, in accordance 13 with the provisions of the Agreement, a copy of which is on file with the Agency Secretary and 14 incorporated herein by reference as though fully set forth at length. 15 Section 2. The Executive Director of the Agency is hereby authorized to make minor 16 corrections, additions and clarifications to Amendment No. I to the Agreement, provided said 17 changes are not substantive in nature and do not increase the monetary impact to the Agency. 18 Section 3. For purposes of satisfying the requirements of Health and Safety Code 19 Section 33413 (b), the Commission hereby finds and determines that the Program expands and 20 preserves the community's supply of affordable housing. The Resolution shall become effective immediately upon its adoption. 21 Section 4. 22 !I/ 23 !/! 24 !/! 25 I/! 26 I/! 27 !/! 28 I/! 2 P IAgenda,\.R",oIUlKlIls\Resolution,\2006I.lj-20-06 Oldlimers Found ationCDCRe,odoc CDC/2006-55 1 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) BETWEEN THE OLDTIMERS FOUNDATION AND THE AGENCY, REINSTATING SAID AGREEMENT AND AUTHORIZING THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000) ANNUALLY, FOR A THREE (3) YEAR TERM COMMENCING IN 2007, SUBJECT TO ANNUAL FUNDING AVAILABILITY 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 10 Development Commission of the City of San Bernardino at a i oint regular meeting 11 thereof, held on the 20th day of November, 2006, by the following vote to wit: 12 Commission Members: 13 ESTRADA 14 BAXTER 15 VACANT 16 DERRY 17 KELLEY 18 JOHNSON MC CAMMACK 19 20 21 Nays Abstain Absent Aves ~ ~ -X- ~ -----X- -X- fV7~-- Secretary 22 The foregoing resolution is hereby approved this 21st day of November ,2006. 23 24 25 26 atrick J. Morris, Cha rson Ity Development Commission of the City of San Bernardino 27 Approved as to Form: 28 By: ~;~t&:i- 3 P.\Agenda,\R.,olulion,IResollltion,\2006\1 1-20-06 Oldtil11 .rs FOllnrl.tionCDC Re,odoc CDC/2006-55 AMENDMENT NO. 1 TO THE CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) THIS AMENDMENT NO.1 TO THE CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) (this "Amendment No. I") is dated as of 20th day of November 2006, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter the "Agency"), and the Oldtimers Foundation, a California non-profit corporation (hereinafter the "Contractor"). The Agency and the Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Parties have previously entered into an Agreement entitled "Contractor Services Agreement Minor Grant Repair Program (Elderly/Special Needs)" (the "Agreement") dated January 6, 2003, in which the Contractor desires to perform, assume responsibility and obligations for the affordable housing grant administration and maintenance services (the "Services"), on the terms and conditions set forth herein. B. As of the effective date of this Amendment No. I, the Contractor has agreed to provide the Services as described in the terms and conditions as set forth in the Agreement with funds from the Redevelopment Low- and Moderate-Income Housing Fund ("Housing Fund") in the amount not to exceed One Hundred Thousand Dollars ($100,000) annually, for a period of three (3) years, subject to availability of the Housing Fund. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE CONTRACTOR AGREE AS FOLLOWS: Section 1. (a) Unless the context of the usage of a term or phrase in this Amendment No. I may otherwise require, the meaning of words and phrases in this Amendment No. I, which are indicated by an initially capitalized letter, shall be the same as set forth in the Agreement. (h) The Recitals contained in this Amendment No. I are true and correct. Section 2. This Amendment No. I sets forth the terms and conditions of an amendment to the text of the Agreement. This Amendment No. 1 integrates all of the terms and conditions mentioned herein and supercedes all negotiations, discussions and understandings between the Parties with respect to the Agreement as hereby modified by this Amendment No. I, including all items of assistance, which the Agency shall provide to the Contractor under the Agreement as modified by this Amendment No. I. I I':~AUadonm..\At!Jm...Arntud2OO6\11-20-06~1lIInfou<ldalioclAmw_No,I.do: CDC/2006-55 Section 3. The Effective Date of the Agreement occurred on January 6, 2003, and expired pursuant to the terms on January 6, 2006. This Amendment No. I reinstates the Agreement as of the date of this Amendment No. 1. Section 4. The text of the following specified Sections of the Agreement are hereby amended to include the following within the scope of the Agreement as amended pursuant to this Amendment No. 1. SECTION n, 4. Time of Performance. is amended to read as follows: The Services to be performed by the Contractor under and pursuant to Amendment No. I to this Agreement shall be for a period of one (I) year, from January I, 2007 through and including December 31, 2007 (the "Completion Date"). The Executive Director of the Agency is authorized to extend the Completion Date for not to exceed two (2) additional calendar years after the Completion Date, subject to Housing Fund availability. SECTION IV, 1. Compensation, is amended to read as follows: In consideration of the performance by the Contractor of the Services, the Agency shall pay to the Contractor up to fifteen percent (15%) Fifteen Thousand Dollars ($15,000) for administrative fee and Eighty-Five Thousand Dollars ($85,000) for program labor and material costs for a total sum of not to exceed One Hundred Thousand Dollars ($100,000) annually for the term of this Agreement. Subject to availability of the Housing Fund, the total amount of compensation (the "Compensation") shall not exceed Three Hundred Thousand Dollars ($300,000) to the Contractor during the term of this Agreement. SECTION V, 1. Termination, is amended to read as follows (subsections b. and c. of SECTION V, I. shall remain uncbanged): a. Termination bv Written Notice of Agencv: The Agency may, by written notice to the Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the Contractor of such termination. In the event of termination without cause, the Contractor shall be compensated for the work performed up to that date of termination. Payment for work completed under this Agreement to the date of termination shall be made strictly on the basis of work actually completed by the Contractor to the satisfaction of the Agency. In no event shall the total compensation for services performed under this Agreement exceed One Hundred Thousand Dollars ($100,000) per year. The Contractor shall be entitled to no further compensation after the effective date of any termination of this Agreement. SECTION B. Expenditures and PrOl!ram Limitations under Exhibit "An Scope of Services, is amended to change Seven Hundred Fifty Dollars ($750) to One Thousand Dollars ($1,000) where noted. All other conforming changes to reflect this Amendment No. I, as to the terms within the Agreement shall be deemed to be made and are hereby authorized to be made to conform to the Agreement to the later adopted provisions of this Amendment No. I. 2 P:IAgmda>\AgaldaN.~_2OO6\11.2lI-0601dtimcn;FwndlI<i""AmaldmcmNo.l.doc Section 5. Except as modified or amended by this Amendment No. I, all of the provisions of the Agreement shall remain in full force and effect following the effective date of this Amendment No.1 and the Agreement as amended by this Amendment No. I, is hereby reinstated and shall be in full force and effect as of the date of this Amendment No.1. IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this Agreement upon the terms, conditions, and provisions set forth above and as of the date first written above. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, co rat d politic Approved as to Form and Legal Content Age:::C~ CONTRACTOR o dtimers Foundation, a California non-profit organization , By: ~ I ;U f' ~. ':~?H .>D Q ~<10 .iV'l'~ "0 OJ). Title: ~ 3 P;\A~c-ndas\Agen<lllAt"""""""',\Agrmll;.Amcndl(IX>\I]_:!lI-l!tl{~""m=F<'lIldatioo^meo<lmenlNo_]_d()C