HomeMy WebLinkAboutR12-Redevelopment Agency
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AQENCY....Q.ST FOR CQ.ISSION/COUNCIL A~
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Fr~~ GLENDA SAUL
~ Redevelopment Alency
DIItlI: SEPTEHBER 17, 1985
Subject: APPROVAL OF AGREEMENT AMONG COUNTY OF
SAN BERNARDINO, CITY OF SAN BERNARDINO
AND THE INLAND EI1PIRE HISPANIC CHAMBER
OF COHMERCE
Synopsis of Previous Commiaion/Council 1Cti0n:
On May 7, 1985, the Mayor and Common Council approved CDBG funding for the Inland
Empire Hispanic Chamber of Commerce at a level not to exceed $45,000.
Recommended motion:
(HAYOR AND COMMON COUNCIL)
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RESOLUT ION OF THE CITY OF SAN BERNARD I NO AUTHOR I ZING THE EXECUT I ON OF AN AGREEllE~IT
WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND INLAND EHPIRE
HISPANIC CHAMBER OF COHHERCE, INC.
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Signature
Contact person:
Glenda Saul
FUNDING REQUIREMENTS:
Amount: $ 45.000
Phone: 383-5081
Wlrd: 1-7
Project: AL L
Supportil1ll dlltll.tteched: Staff Report. Agreement
11I0 Idvene Impact on City:
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CO\...,...I Notes:
Dlte:
Seotember 23,1985
Agenda Item No.J</oZ
. REOVELOPMENT AGENCY -IC,QUEST FOR OMMISSION/COUNCIL AUoN
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STAFF REPORT
On May 7, 1984, the Mayor and Common Council approved CDBG funding for the
Inland Empire Hispanic Chamber of Commerce in the .amount of $45,000. The
Chamber had submitted a proposal for CDBG financial assistance for the
purposes of developing economoc development strategies and small business
management seminars for the Hispanic Business Communities of the Inland Empire.
Subsequent to the funding actions taken by the City and County of Ssn
Bernardino, Agency and County Housing and Community Development staff persons
and representatives of the chamber developed a plan of action and a request
for proposals for an economic development consultant. The consultant firm of
Castaneda and Associates was retained to conduct the above referenced study.
In accord with the previously noted plan of action, the chamber is to
implement the strategies developed and recommended by the consulting firm.
Adoption of the resolution by the Mayor and Common Council will authorize the
Mayor of the City of San Bernardino to execute the agreement among the city
and county of San Bernardino and the Inland Empire Hispanic Chamber of
Commerce, Inc.
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RESOLUTION NO.
RESOLUTION OF rHE CITY OF SAN BEPvnnINO ADTHOIUZING rHE EXECUTION OF
AN ACREEHENT WITH THE COUNTY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND
INLAHD EMPIRE HISPANIC CBAMJlER OF COMMERCE, INC.
4 BE IT RESOLVED BY rHE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOu.owS:
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SECTION 1. Recitals. The City of San Bernardino has appropriated
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6 45,000 of its FY 84/85 Community Development Block Grant funding, and the San
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Bernardino County Board of Supervisors has committed $42,000 of the County's
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Community Development Block Grant funds, to provide for the services of the
9 Inland Empire Hispanic Chamber of Commerce, Inc. The services to be provided
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shall include contract with an economic development specialist for the
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preparation of an economic development study for the Inland Empire Hispanic
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Small Business Communities, and to provide for the ongoing implementation of
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economic development activities and programs that are a product of the study
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within the city and county of San Bernardino. The county of San Bernardino
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has agreed to act as lead agent in this matter, and to review all advances to
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and documentation of funds expended by the Inland Empire Hispanic Chamber of
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Commerce, Inc., and to bill the city of San Bernardino for its proportionate
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share of expenses, as reimbursed.
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SECTION 2. Implementation. The Mayor and the City of San Bernardino
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are hereby authorized and directed to execute on behalf of the city of San
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Bernardino that certain agreement among the County of San Bernardino, the city
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of San Bernardino and the Inland Empire Hispanic Chamber of Commerce, Inc., a
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copy of which agreement is annexed hereto as Exhibit "I" and incorporated
24 by reference as though fully set forth at length.
herein
25 I HEREBY CERTIFY that the resolution was duly adopted by the
foregoing
26 of the of Bernardino
Mayor and Common Council City San at
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of , 1984, by the following vote, to wit:
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. 1 AYES: Counc11persons
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3 NAYES:
4 ABSEr
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6 City Clerk
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The foregoing resolution is hereby approved this day
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of , 1984.
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Mayor of the City of
12 San Bernardino
13 Approved as to form:
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AGREEMENT
THIS AGREEMENT is made and entered into thi s day of ,
1985, by and between the Community Development Commlsslon of the City of San
Bernardi no, herei nafter referred to as "COMMISSION", and the County of San
Bernardi no, herei nafter referred to as "COUNTY" and the In1 and Empi re Hi spani c
Chamber of COlllllerce, Inc., hereinafter referred to as "CHAMBER".
WITNESSETH
WHEREAS, COMMISSION and COUNTY have a mutual interest in providin9
necessary governmental services to promote the economic development of the
Hispanic Small Business Communities within the San Bernardino area and region;
and,
WHEREAS, COMMISSION, COUNTY and CHAMBER are concerned that the expected
business opportunities which will accompany the rapid population growth in San
Bernardino County over the next two decades may not be shared by the Hispanic
business community; and,
WHEREAS, COMMISSION, COUNTY and CHAMBER desire to contract with an
economic development specialist to assist the CHAMBER in its understanding of
the expected business opportunities and formulate solutions that will provide
on-going economic strategies for the CHAMBER; and,
WHEREAS, COUNTY has allocated $42,000 of its 1984-85 Community Development
Block Grant funds for this purpose; and,
WHEREAS, COMMISSION has allocated $45,000 of its 1984-85 Community
Development Block Grant funds for this purpose; and,
WHEREAS, CHAMBER will assist in the preparation of an economic development
study for the Hispanic business community and will coordinate and implement the
on-going economic activities that are formulated; and,
WHEREAS, COMMISSION, COUNTY and CHAMBER recogni ze the mutual benefit of
having COUNTY act as lead agency in obtaining and administering the necessary
servi ces to promote the economi c development of the Hi spani c small busi ness
community; and,
WHEREAS, COMMISSION, COUNTY and CHAMBER recognize that the absence of any
provision from this agreement is not meant to void or nullify provisions of any
other pertinent agreements between the agreeing parties; and,
NOW THEREFORE, COUNTY, COMMISSION and CHAMBER for and in consideration of
the mutual reci ta 1 s, promi ses and agreements herei n contai ned, do agree as
follows:
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1. This agreement is made for the purpose of contracting with an economic
development speci a 1 i st to prepare an economi c development study herei n
referred to as the Study, for the Hispanic Small Business Community and
for the on-going implementation of economic activities or programs that
are formulated through the Study.
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2. For the purpose of this agreement, COUNTY shall act as the Lead Agency for
awarding a professional services contract for the preparation of the
Study; the admi ni strati on of sai d contract; the di sbursement of funds
pursuant to said contract, procurement of the necessary material and
equipment to implement the on-going economic activities that are
identified in the Study; and the monitoring of said on-going activities.
The County Department of Housing and Community Development shall represent
COUNTY in all matters pertaining to this agreement and shall be the final
authority in all decisions pertaining to this agreement.
3. CHAMBER shall assist in the preparation of the Study, and the
implementation of the pilot action programs that are developed and
coordinated by the economic development consultant. CHAMBER further
acknowledges that CHAMBER will be responsible for implementing the
on-going economic development activities and outreach service programs
that are identified by the Study. Said activities and programs may
include membership development, funding acquisition, formation workshops,
newsletter preparation and circulation and occupational training
activities. All parties agree that prior to implementing said on-going
economic development activities and outreach service programs, CHAMBER may
require a new contract which defines the specific scope of service and
compensation.
4. COUNTY and COMMISSION shall provide funds not to exceed the total amounts
specified below for implementing the provisions of this agreement.
Total for COUNTY..................................$42,OOO
Total for COMMISSION..............................$45,OOO
5. COUNTY shall make payments for the preparation of the Study in amounts,
manner and time as agreed under the terms of the professional services
contract for the Study and for the procurement of the necessary materials
and equipment to implement the on-going economic activities that are
formulated through the Study. Within thirty (30) days after notification
by COUNTY of said payments, COMMISSION shall reimburse COUNTY for
fi fty-two (52) percent of sai d payments unti 1 COMMISSION I S contractual
funds under the terms of thi s agreement are exhausted, at whi ch time
COMMISSION shall have no further reimbursement obligation.
6. CHAMBER will be reimbursed for the cost of materials and equipment that
has been authorized in writing by COUNTY and purchased solely for the
purpose of complying with paragraph 3 above. To obtain said
authorization, CHAMBER shall submit to COUNTY a written request for
approval to purchase said materials and equipment. COUNTY shall have the
right to approve or deny sa i d request by CHAMBER. When sa i d written
request is denied by COUNTY, CHAMBER shall not be reimbursed for said
purchases. All authorized purchases shall be made in accordance with the
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procedure specified by COUNTY. CHAMBER agrees that as a result of said
purchases, no conflict of interest for private gain will accrue to CHAMBER
or its employees, agents or offi cer. COUNTY shall reimburse CHAMBER for
the cost of authorized purchases within 30 days of receipt of appropriate
documentation from CHAMBER. Appropriate documentation includes the
original invoice statement and sales receipt that itemizes the materials
of equipment purchased.
COUNTY shall issue to COMMISSION and CHAMBER, on a monthly basis, a report
detailing the progress of the Study and disposition of funds.
Non-expendable equipment acquired under this agreement with HUD C.D.B.G.
funds may be loaned to CHAMBER to implement paragraph 3 above. Ownership
of said equipment shall remain with COUNTY and COMMISSION. Upon
termination of this agreement, COUNTY reserves the right to determine the
final disposition of said equipment. Disposition may include COUNTY and
COMMISSION taking possession of any and all equipment loaned to CHAMBER
under this agreement. Non-expendable equipment means tangible personal
property havi ng a useful 1 ife of more than one (1) year and acqui s i ti on
cost of $300 or more per unit.
8.
9. CHAMBER at no cost to COUNTY and COMMISSION, shall be responsible for the
proper care, security, repair, maintenance and utilization of the
non-expendable equipment identified in paragraph 8 above, that has been
loaned to CHAMBER under this agreement. Should said equipment become worn
out, no longer serviceable or no longer needed, CHAMBER shall so notify
COUNTY. Upon receipt of such notice, COUNTY may, at its option, retake
possession of said equipment or authorize CHAMBER to retain or provide for
its disposal. In the event that said equipment is lost, damaged or
otherwise rendered unavailable for its purposes intended hereunder, COUNTY
shall have the right to assess CHAMBER for damages up to the value of such
equipment as established by COUNTY immediately prior to such loss, damage
or unavailability. CHAMBER shall reimburse COUNTY for any such assessment
within thirty (30) days of notice by COUNTY.
10. COUNTY shall assure that the work performed in connection with said
project complies with the Cmrmunity Development Block Grant regulations,
dated 9/23/83, as amended; Office of Management and Budget Circular No.
A-I02; Section 3 of the Housing and Urban Development Act of 1968 (Title
24, CFR 135) and; all other federal and statutory regulations applicable
thereto. COUNTY reserves the right to review any action or decision
related to applicable regulations.
11. COUNTY may terminate this agreement if COMMISSION or CHAMBER fails to
perform their obligations in a timely and proper manner under the terms of
this contract. COMMISSION and CHAMBER agree that they shall assume any
and all liability, claim or loss incurred by the termination of this
agreement pursuant to this paragraph.
12. COUNTY and COMMISSION reserves the right to amend, in good faith, this
agreement in order to take account of actions affecting Community
Development Block Grant (CDBG) funds by the United States of America
through its Department of Housing and Urban Development or otherwise which
woul d place programmati c or fi sca 1 1 imi tati ons on CDBG funds. CHAMBER
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acknowledges COUNTY's and COMMISSION's ability to provide funding as
agreed herein may be reduced or eliminated completely by actions affecting
CDBG funds, and agrees to agree to any good faith amendment to the
agreement, due to actions affecting CDBG funds.
Each party agrees to indemnify, defend and save harmless the other parties
from any and all claims, losses, and damages occurring or resulting from
any negligent or wrongful act or omission of its officers, agents, or
employees in the performance of this agreement. CHAMBER shall, at its own
cost, expense and risk, defend any legal proceedings that may be brought
against COUNTY and COMMISSION, its officers, agents and employees, on any
liability, claim or demand and satisfy any judgement that may be rendered
against any of them arising or resulting from activities of CHAMBER, its
offi cers, agents and employees. CHAMBER shall assume 1 i abi 1 ity for all
and any direct expense incurred in providing services pursuant to
paragraph 3 above and shall assume any and all responsibilities for loss
or damage resulting from negligence, injury, illness or disease arising
out of the provision of services. CHAMBER, however, is obligated to
promptly notify COUNTY and COMMISSION in writing of the incident of any
such adverse situation.
14.
CHAMBER shall indemnify and hold harmless COUNTY and COMMISSION against
any liability, claims, losses, demands, and actions incurred by COUNTY and
COMMISSION as a result of the determination by the United States
Department of Housing and Urban Development or its successor that
activities undertaken by CHAMBER under this agreement fail to comply with
any laws, regulations or policies applicable thereto or that any funds
disbursed under this agreement were improperly expended.
CHAMBER, its agents and employees shall comply with all Federal, State,
COUNTY and COMMISSION laws and regulations governing conflict of interest.
To this end, CHAMBER will make available to its agents and employees
copies of all applicable Federal, State, COUNTY and COMMISSION laws and
regulations governing conflict of interest.
All parties hereto in the performance of this agreement will be acting in
an independent capacity and not as agents, employees, partners, joint
ventures, or associates of one another. The employees or agents of one
party shall not be deemed or construed to be the agents or employees of
the other party for any purpose whatsoever.
This writing embodies the whole of the agreement of the parties hereto.
There are no oral agreements not contained here. Addition or variation of
the terms of this agreement shall not be valid unless made in the form of
a written amendment to thi s agreement forma lly approved and executed by
both parties.
15.
16.
17. COUNTY will monitor, evaluate and provide guidance to CHAMBER in its
performance of paragraph 3 above. Authorized representatives of COUNTY,
COMMISSION and HUD shall have the right of access to all activities and
faci 1 it ies operated by CHAMBER under thi s agreement. Facil i ti es i nc1 ude
all fi1es,-records, and other documents related to the performance of this
agreement. Activities include attendance at staff, board of directors,
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advisory committee and advisory board meetings and observation of on-going
program functions. CHAMBER will insure the cooperation of its staff and
board members in such efforts. COUNTY Department of Housing and Community
Development Director or his designee will conduct periodic program
progress reviews. These reviews will focus on the extent to which planned
program has been implemented and measurable goals achieved, effectiveness
of program management, and impact of the program. CHAMBER shall submit a
periodical Status Report on progress of said project to COUNTY Department
of Housing and Community Development.
All notices herein required shall be in writing and delivered in person or
sent by certified mail, postage prepaid, addressed as follows:
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County of San Bernardino
Department of Housing
and Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
Community Development
Commission of the City of
San Bernardino
400 North "D" Street, Room 320
San Bernardino, CA 92418
Inland Empire Hispanic
Chamber of Commerce, Inc.
972 North Mt. Vernon Avenue
San Bernardino, CA 92411
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19. This agreement may be amended or modified only by written a9reement signed
by all parties. Failure on the part of any party to enforce any provision
of thi s a9reement sha 11 not be construed as a wa iver of the ri ght to
compel enforcement of such provision or provisions.
20. This agreement shall be binding on each party's successors in interest,
heirs and assigns.
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,~ IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of
~ the day and year first written above.
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COUNTY OF SAN BERNARDINO
By:
Chairman, Board of Supervisors
Dated:
ATTEST:
By
Clerk of the Board of Supervisors
Dated:
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
County Counsel
Deputy County Counsel
Dated:
PLN5/HISP COOP AGMT
4/3/85/bjj
5/l6/85/bjj
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
By:
Chairman
Dated:
By:
City Cl erk
INLAND EMPIRE HISPANIC CHAMBER
OF COMMERCE, INC.
By:6r~~) ~d
alrman
"t,d, ~
By: ~ fr ~
s~etary OJ
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