HomeMy WebLinkAbout1980-224 I RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO LOCAL DEVELOPMENT
3 COMPANY RELATING TO THE PREPARATION OF AND IMPLEMENTATION OF A
REVITALIZATION STRATEGY FOR MT, VERNON AVENUE,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
SECTION 1. The Mayor of the City of San Bernardino is
7 i hereby authorized and directed to execute on behalf of said City
8 i, an agreement with the San Bernardino Local Development Company
9 relating to the preparation and implementation of a revitalizati n
10 strategy for Mt. Vernon Avenue, a copy of which is attache
11 hereto, marked Exhibit "A" and incorporated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was
14 duly adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof , held
16 on the - _ day of 1980 , by the following
7 vote, to wit:
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AYES: Councilmen �' r
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NAYS :
`j ABSENT:
2_, City Clerk
24 7he foregoing resolution is hereby approved this day',
25 ! of 1980 .
Mayor o t It of San B penardino ;
Approved as to form:
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City Attoi0hey
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A_ G R E_ E_ M_ E_ N_ T
<' THIS AGREEMENT is made and entered into this �Zc day
of__- G,1,z� 1980 , by and between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" , and
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5 the SAN BERNARDINO LOCAL DEVELOPMENT COMPANY, a non-profit corpor-
f? ation, referred to as "LDC" .
The parties agree as follows :
1 . Recitals .
(a) A need exists for a strategy for the development
of the Mt. Vernon commercial strip between 5th Street and 9th Strut.
(b) Commercial revitalization on Mt. Vernon Avenue
1..' i between 5th and 9th is an approved Community Development Block
Grant activity.
(c) LDC proposes to prepare and implement a strategy
for the revitalization of Mt. Vernon .
is (d) City desires that LDC proceed with the prepara-
tion and implementation of said strategy ,
2 . General . City agrees to engage the services of LDC
and LDC agrees to perform the services as set forth in this
agreement at and for the compensation herein stipulated.
3 . Scope of Services . LDC shall :
(a) Complete the development of the Central City West '
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23 Redevelopment Project at 5th and Mt. Vernon,
(b) Calculate the market potential on Mt. Vernon
s:y ' Avenue between 5th and 9th, for retail, office, entertainment
I and other possible uses .
(c) Prepare a site-specific land use plan for Mt.
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:x Vernon Avenue that identifies :
(1 . ) sites which are suitable and economically
2 feasible for rehabilitation;
3 (2 . ) sites proposed for acquisition and/or
4 demolition;
5 (3 . ) location of parcels , which because of size ,
6 ! are suitable for consolidation;
7 (4 . ) sites suitable for marketing;
8 (5 . ) specific site reuse recommendations .
9 (d) Prepare a development strategy incorporating all
10 revitalization activities necessary to accommodate the land use
11 plan.
12 (e) Develop funding alternatives for each revitaliza
13 tion activity within the development strategy.
14 (f) Identify and secure financial commitments , both
15 private and public, to assist in carrying out the various com-
16 ponent activities within the overall development strategy .
17 4 . Reporting. LDC shall submit written monthly progress
IS reports to the Director of Community Development, simultaneous to
their submission of monthly requests for expense reimbursement .
5 . Term. The services of LDC are to commence upon
4,) execution of this agreement, and shall be undertaken and completed
22 in such sequence as to insure their expeditious completion, but
in any event all services required shall be completed on or
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before June 30 , 1981 .
6 . Compensation. LDC shall be compensated for services
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rendered under this agreement in accordance with the following
schedule :
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1 (a) Personal Services - Salaries $ 43,000 . 00
2 (b) Personal Services - Benefits 4 , 950 .00
? (c) Travel 300 .00
4 (d) Operating Expenses 1, 750 .00
5 Total hourly charges and direct expenses shall not exceed
6 the maximum sum of $50 , 000 . 00 . All payments shall be made from
7 Community Development revenue .
8 7 . Method of Payment . City shall advance LDC the sum of
9 $5, 000 .00 upon execution of the agreement, but in any event, no
10 Mater than July 1 , 1980 .
11 Thereafter, additional payments shall be made according
12 I. to the following schedule :
13 (a) Reimbursements for expenses incurred in the pre-
14 ! vious month will be made by the City on a monthly basis, beginning '
117 I,, in August 1980 for expenses incurred during July 1980 .
(b) Documentation of expenditures incurred during the
,7 , previous month will be submitted by LDC by the 15th of each month ,
�t? beginning in August 1980 .
(c) Documentation of expenditures incurred during the
2,;� final month of the agreement will be submitted by LDC no later
than July 15 , 1981 .
22 j All claims submitted for payment by LDC shall be on a
23 jform approved by City. All books and records of LDC pertaining
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24 ito this agreement are to be kept open for inspection at any time
25 'during the business day by the City or its officers or agents .
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i3 8 . Termination . If LDC shall fail for any reason to
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8,p fulfill in a timely and proper manner its obligations under this
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2-<g agreement, or if LDC shall violate any of the covenants , conditions,
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I or provisions of this agreement, City shall thereupon have the
2 right to terminate this agreement by giving at least thirty (30)
3 calendar days ' written notice to LDC of such termination and
4 specifying the effective date of such termination. In such event, ;
5 all finished or unfinished documents, data, studies, surveys ,
6 drawings, maps, models, photographs, and reports prepared by LDC
7 under this agreement shall , at the option of City, become its
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8 property and LDC shall be entitled to receive just and equitable
9 compensation for any satisfactory work completed on such documents '
10 and other materials. Notwithstanding the foregoing provisions ,
11 LDC shall not be relieved of the liability to City for damages
12 sustained by City by virtue of any breach of the agreement by LDC,
13 and City may withhold any payments to LDC for the purpose of set-
14 off until such time as the exact amount of damages due the City
15 from LDC is determined.
16 9 . Amendments . City may, from time to time , request
Si changes in the scope of the services of LDC to be performed here-
under. Such changes including any increase or decrease in the
,y amount of LDC' s compensation which are mutually agreed upon by
>. and between City and LDC, shall be incorporated in written amend-
21 ments to this agreement .
22 10 . Independent Contractor . In accordance with its
2 3 ;' status as an independent contractor, LDC agrees that it will
24 conduct itself consistent with such status; that. it shall not
25 i` represent itself or claim to be an employee of the City , or make
ors any claim, demand, or application to or for any right or benefit
applicable to an employee of City, including, but not limited to,
worker ' s comepnsation coverage , unemployment insurance benefits,
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I social security coverage , or retirement membership or benefits .
2 11 . Assignment . LDC' s rights hereunder shall not be
3 assigned by LDC to any other person, firm, or corporation without
4 the prior written consent of City.
5 12 . Confidential Relationship . All dealings of the parties
6 under this agreement shall be confidential , and any report, data
7 or communication received, prepared, or assembled by LDC shall
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8 not be revealed, disseminated or made available by LDC to any
9 iperson or organization without the prior written consent of City .
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10 13 . Hold Harmless . LDC hereby agrees to, and shall ,
11 : hold City, its elective and appointive boards, commissions,
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12 officers, agents and employees harmless from any liability for
i3 �Idamage or claims for damage for personal injury, including death,
14 as well as from claims for property damage which may arise from
LDC' s operations under this agreement, whether such operations
SE be by LDC or by any one or more persons directly or indirectly
' employed by or acting as agent for LDC . LDC agrees to, and shall ,
[,J defend City and its elective and appointive boards , commissions,
officers, agents and employees from any suits or actions at law
or in equity for damages caused, or alleged to have been caused,
by reason of any of LDC ' s operations .
22 14 . Notices . All notices herein required shall be in
23, ; writing and delivered in person or sent by first class mail,
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24 ipostage prepaid, addressed as follows :
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City of San Bernardino San Bernardino Local I
Director, Community Development Development Company
300 North "D" Street 290 North "D" Street
San Bernardino, CA 92418 San Bernardino , CA 9240.
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15 . Release of News Information . No news releases ,
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I including photographs, public announcements or confirmation of
2 same , or any part of the subject matter of this agreement or any
3 phase of any program hereunder shall be made without prior written
4 approval of City .
5 16 . No Benefit to Arise to Federal Employee . No member of
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6 or delegate to the Congress of the United States , and no Resident j
7 Commissioner, shall be admitted to any share or part of this
8 agreement or to any benefit to arise from the same .
9 17 . No Benefit to Arise to Local Employee. No member,
10 i, officer, or employee of the City, or their designees or agents,
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� no member of the governing body of the City, and no other public
12 j; official who exercises any functions or responsibilities with
13 I respect to the program during his tenure or for one year there-
14 after, shall have any interest, direct or indirect, in any con-
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E` I, tract or subcontract, or the proceeds thereof, for work to be
16 performed in connection with the program assisted under this
agreement.
;4 18 . Equal Employment Opportunity. LDC shall not dis-
criminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin . LDC
shall take affirmative action to insure that applicants for employ-
22 ment are employed, and that employees are treated during employ-
23 . ment, without regard to their race , color, religion, sex, or
! national origin . Such action shall include , but not be limited
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! to, the following : employment, upgrading, demotion, or transfer;
; recruitment or recruitment advertising; layoff or termination;
, 1 lirates of pay or other forms of compensation ; and selection for
! training, including apprenticeship . LDC shall post in conspicuous ',
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1 places, available to employees and applicants for employment,
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2 notices setting forth the provisions of this nondiscrimination
3 clause . LDC shall state that all qualified applicants will
4 receive consideration for employment without regard to race, color;
5 religion, sex, or national origin .
6 ( 19 . Compliance With Laws and Contracts . This agreement
7 shall be subject to, and all parties hereto shall comply with,
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g all applicable local , state and federal laws and regulations ,
9 and any applicable contracts with federal agencies .
10 IN WITNESS WHEREOF, the parties hereto have executed this
11 agreement on the date first hereinabove written.
12 CITY OF SAN BERNARDI
13 ATTEST:
14 Y
Mayor
15 City Clerk
16 SAN BERNARD NO LOCAL DEVELOPMENT
COMPANY
dd
Pre ' dent
By
Se cr ary
Approved as to form:
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!! Atyto�rney
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