HomeMy WebLinkAbout1984-217 Authorizing Execution of Agreement with SB Area Chamber of CommerceI
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RESOLUTION NO. 84-217
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO AREA CHAMBER OF
:OMMERCE RELATING TO CONSULTING SERVICES FOR THE PROPOSED
1IGHLAND AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3AN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby'
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authorized and directed to execute on behalf of said City an
kgreement with San Bernardino Area Chamber of Commerce relating tol
:onsulting services for the proposed Highland Area, a copy of
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which is attached hereto, marked Exhibit "I" and incorporated
ierein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
3ernardino at an adjourned regular meeting thereof, held on
the 6th day of June 1984, by the following vote,
to wit:
AYES: Council Members_ Castaneda, Reilly, Drtark:s,
Frazier, Strickler
NAYS: Council Member Hernandez
ABSENT: Council Member Cuiel
City Clerk
The foregoing resolution is hereby approved th-1-sp^ day
:)f June , 1984.
a i7 o e ity of San Bernardino
Approved as to form:
City A torney
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A G R E E M E N T
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a charter city of the State of California, hereinafter
"City", and SAN BERNARDINO AREA CHAMBER OF COMMERCE, hereinafter
I"Chamber".
The parties agree as follows:
1. Recitals.
A. City is presently involved in an attempt to annex
certain segments of the unincorporated territory of the County of
San Bernardino known generally as the Highland area, together with,
other parcels of land generally lying north, east or south of the
corporate limits of the City of San Bernardino.
B. Chamber proposes to undertake a program to
investigate, advise and inform the City and the public at large in
the affected area of the likely and possible effects of the
proposed annexation, all as outlined in a certain letter dated
April 30, 1984, from Chamber to City. A copy of that letter is
annexed hereto as Exhibit "A", and is incorporated herein by
reference.
2. Implementation. The parties agree that the program
outlined in Exhibit "A" shall be instituted, except that the
details thereof are changed in the following respects:
A. The reports specified in paragraph 8 of Exhibit "A"
will be due July 1, and August 1, 1984, respectively, and the
final report will be due September 15, 1984.
B. Payments specified by paragraph 12 shall be due as
follows: $6500 due and payable upon acceptance of status report
of July 1, 1984, rather than June 15, 1984; $6500 due and payable
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lupon acceptance of status report of August 1, 1984, rather than
(July 15, 1984, $6500 due and payable upon acceptance of the final
report on or about September 15, 1984, rather than September 1,
1984.
3. Informational in Nature. The parties understand and
agree that performance by Chamber as set forth in Exhibit "A"
shall be conducted in a fair and impartial manner in order to
provide impartial informational and factual explanations of the
effects of annexation both on the City and on the area proposed to
be annexed. The funds provided by City under this agreement shall
not be used for the purpose of promoting a favorable vote on
annexation, but only for the purpose of providing complete, fair
and impartial information to the electorate in the area proposed
for annexation. Such information shall be presented to the Mayor
and Common Council before public distribution.
4. Renegotiation. In the event that the efforts of the
Highland Chamber of Commerce to require an environmental impact
report prior to submission of the annexation issue to the voters
of the affected area are successful, or in the event that any
court of competent jurisdiction takes action which has the effect
of delaying the election beyond November of 1984, the terms and
conditions of this agreement shall be subject to renegotiation, in
view of the changed circumstances.
5. Termination. Either party may terminate this agreement
at any time by giving written notice to the other party of such
termination and specifying the effective date thereof at least
thirty (30) days before the effective date of such termination.
In such event, all finished and unfinished documents and other
materials shall, at the option of City, become its property. If
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the agreement is terminated by City as provided herein, Chamber
will be entitled to be paid all compensation for work performed to
the date of termination; provided that in no event shall the I
compensation of Chamber or reimbursable expenses exceed the
maximum amounts provided for in this agreement. If the agreement
is terminated by Chamber, Chamber will be entitled to be paid all
compensation for work performed to the date of termination.
6. Changes. Should City require changes in the scope of the
services of Chamber to be performed hereunder, such changes,
including any corresponding increase or decrease in the amount of
Chamber's compensation, which shall be mutually agreed upon by and
between City and Chamber, shall be incorporated in this agreement
only by written amendments hereto.
7. Chamber to Hold Harmless. Chamber hereby agrees to, and
shall, hold City, its elective and appointive boards, commissions,
officers, agents and employees harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as from claims for property damage which may arise from
Chamber's operations under this agreement, whether such operations
be by Chamber or by any one or more persons directly or indirectly
employed by or acting as agent for Chamber. Chamber agrees to and
shall 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 the aforesaid operations. j
8. Notices. 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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City of San Bernardino
City Administrator
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Area Chamber
of Commerce
P. O. Box 658
San Bernardino, CA 92402
IN WITNESS WHEREOF;�t=.e parties have executed this agreement
on the eal day of _ , 1984.
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CITY OF SAN BERNAR O
ATTEST: — _ 1
Approved as to form:
City Attorney
yor
SAN BERNARDINO AREA CHAMBER OF
COMMERCE
By
By
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April 30, 1984
CAN RF�NAI
Mayor and Common Council
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Gentlemen:
DINO AREA CHAMBER OF COMME.
ACCREDITED
�� � . wore,• o- ea+w.xe
-,;-P.O. BOX 658 • SAN BERNARDINO, CA 92402 • (7
The San Bernardino Area Chamber of Commece shares with the vast majority of
people in the City of San Bernardino the view that the social, political and eco-
nomic well being of the greater San Bernardino area will be best served by the
total annexation to the city of the unincorporated property within its zone of
influence.
Further, the San Bernardino Area Chamber of Commerce believes that such an
undertaking will be to the social, political and economic advantage of the
people presently residing in the unincorporated areas.
In addition the San Bernardino Area Chamber of Commerce believes that an annexa-
tion of the unincorporated areas will be successful if a careful program
assessing the local government needs of unincorporated area residents is under-
taken. This program will also provide some explanation to those residents of
how joining the city of San Bernardino under some varient of the "La Jolla
Plan", (that is, a community plan for the Highland area) will be beneficial.
Finally, the San Bernardino Area Chamber of Commerce believes that its status as
a professional organization, unaffiliated with the City of San Bernardino,
representing businesses and individuals throughout the entire zone of influence
of the city, puts it in a position to successfully conduct such a program.
For these reasons, the San Bernardino Area Chamber of Commerce proposes that the
City of San Bernardino enter into a contract with The Chamber to undertake the
following program:
1. The San Bernardino Area Chamber of Commerce (Chamber) will establish a com-
mittee to oversee the contract. That committee will be composed of Chamber
President Gene Wood; Ed Jacobsen; and Lou Yeager. The committee will file all
reports necessary for execution of the contract with the Mayor and Common
Council.
2. The Chamber will establish an advisory committee on the annexation issue
composed of Chamber members and other community leaders, who live in the
affected area and desire to see it annexed on an equitable basis.
EXHIBIT q
3. The Chamber will commit $6,000 of its funds to the project and the analytic
skills of its staff and volunteer members. In addition, it will use proceeds of
the contract to hire required clerical and secretarial support.
4. The Chamber will hire consultants as necessary to perform functions
including, but not lmited to: overseeing the contract; training and managing
field workers; performing computer data base, analytic and sampling functions;
coordinating efforts under this program with other groups studying the annexa-
tion problem.
5. The Chamber will cause the area of annexation to be broken into 25 neigh-
borhood block areas of consistent character. The Chamber will assess the attitu-
des of the people living in each neighborhood. Issues to be assessed will
include, but not be limited to: police, fire, parks, recreation, land use, curbs
and gutters, flood control, sewers, water issues, taxes, paramedic service,
senior affairs, tree service, strength of Highland identity, access to local
officials, strength of attitude toward change in the status of the area, San
Bernardino affiliations, leadership potential. Goal 6,000 interviews. The
Chamber will see to it that at least two meetings are held in each neighborhood
block area for the purpose of discussing service and representational needs.
6. The Chamber will create a computer data base to pull together publicly -
available information on the characteristics of the residents of each neigh-
borhood block group. Such information will include, but not be limited to:
length of residency in the area, age, ethnic background, dwelling unit types,
occupational categories, voting propensities.
7. The Chamber will assemble and develop a profile and cost benifit analysis
of the marginal increase or decrease in tax and service costs, if any, of typi-
cal homes in each neighborhood block group. To accomplish this, the Chamber
will work with relevant persons on the staff of the City of San Bernardino and
in the relevant special districts and utility companies.
8. The Chamber will issue to the Mayor and Common Council two interim reports
and a final report of the entire study area, as well as each of the 25 neigh-
borhood block groups. These reports will include, but not be limited to: attitu-
des toward service needs; conditions under which annexation would be supported;
potential neighborhood leaders; neighborhood land use desires; and recommen-
dations for future action. The interim reports will be due June 15 and July 15
and the final report on or before September 1, 1984.
9. Schedule of fees (including the Chamber's contribution):
$30,000 for professional & Consultant fees
$ 6,000 for computer base creation (Chamber)
$11,000 for overhead costs
$10,000 for communications
$ 5,000 for secretarial/clerical
$62,000 Total
$56,000 City Share
$ 6,000 Chamber Share
12. Contract Disbursements by the City of San Bernardino:
Professional & Consultant Fees
$10,500 due and payable upon execution of the contract
$ 6,500 due and payable upon acceptance of status
reports on June 15, 1984 by the Mayor and
Common Council
$ 6,500 due and payable upon acceptance of status
reports on July 15, 1984 by the Mayor and
Common Council
$ 6,500 due and payable upon acceptance of the final
report on or before September 1, 1984 by the
Mayor and Common Council
Overhead Costs/Communications/ Clerical, Secretarial
$ 5,000 due and payable upon request of the Chamber
$ 6,000 due and payable upon semi -weekly submission of
appropriate documentation
$10,000 due and payable upon semi -weekly submission of
appropriate documentation
$ 5,000 due and payable upon semi -weekly submission of
appropriate documentation