HomeMy WebLinkAboutR20-Economic Development Agency
FROM:
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Maggie Pacheco ,-. ',L SUBJECT: OLDTIMERS FOUNDATION
Deputy Director/Director AGREEMENT (ELDERLY/SPECIAL
Housing & Community Development NEEDS MINOR HOME REPAIR GRANT
PROGRAM)
DATE:
December 13,2002
----------_.._-------------~._-----------------------------------------------------------------------------------------------------------------------------------------------.
Svnopsis of Previous Commission/Council/Committee Action(s):
On November 21, 2002, Redevelopment Committee Members Aoderson, Suarez and Estrada unanimously voted to
recommend that the Community Development Commission consider this action for approval.
_________________________________________._________________n_______________._________________.____________________________________________________________________________-------------
Recommended Motion(s):
(Community Development Commission)
MOTION:
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 AN AGREEMENT BY AND BETWEEN THE AGENCY AND THE OLDTIMERS
FOUNDATION, A CALIFORNIA NON-PROFIT ORGANIZATION, FOR THE
ADMINISTRATION OF THE ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT
PROGRAM IN THE AMOUNT OF $75,000 ANNUALLY, FOR A TERM OF THREE (3) YEARS,
SUBJECT TO HOUSING FUNDS AVAILABILITY.
___________________..______________________________________________________________.___________.____._.________________...n..._____________.
Contact Person(s):
Project Area(s)
Maggie Pacheco
Phone:
All
Ward(s):
(909) 663-1044
All
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
SIGNATURE:
75,000
Source:
LowlMod Housing Fund
200212003
FUNDING REQUIREMENTS Amount:
_________d____.______________._____________d________________._.______________.._._______________._.__._...._________________.___.....__________________d.____..__________--------
Commission/Council Notes:
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-----------------...----------.-..-------------..-.-------------.-------------.----.----------.--.----.-----------.-.-.----.-.-----------..-.-------
P:\Clerical Services Dcpt\Margaret ParkcrlAgenda\CDC 02.03\03-01-06 Oldtimcrs Foundation,doc
COMMISSION MEETING AGENDA
Meeting Date: 01/06/2003
Agenda Item Number: -.I. 2.0
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
_______dU___________U...__________...n__________________--------------------------------------------------------------------------------------------------.
Oldtimers Foundation Al!reement
(Elderlv/Special Needs Minor Home Repair Grant Prol!ram)
BACKGROUND AND CURRENT ISSUE:
The Oldtimers Foundation (Foundation) is a non-profit charitable and educational organization
serving the needs of senior citizens within San Bernardino County. The Foundation was created in
1964 for the purpose of maintaining and improving the physical, psychological and social well being
of older low-income and handicapped persons. This is accomplished through comprehensive and
coordinated programs that provide congregate and home-delivered meals, minor home repairs,
transportation, volunteer opportunities, supportive services and affordable housing. Currently the
Foundation works with the County of San Bernardino Department of Aging & Adult Services, the
City of Rialto, Rancho Cucamonga and the City of Fontana.
In fiscal year 200012001, the Community Development Commission approved an Agreement with the
Foundation in the amount of$75,000 to conduct the Elderly/Special Needs Minor Home Repair Grant
Program (Program) in the City. The Foundation assisted 102 households, exceeding their goal of 100
households under the Agreement. In fiscal year 2001/2002, an additional $40,000 was allocated to
the Foundation to continue the Program. During this period, the Foundation assisted 37 households
and 18 additional households are in progress for a total of 58 households being assisted.
The housing assistance the Foundation provides to eligible homeowners includes, but is not limited
to, plumbing, heating, electrical, carpentry, and general minor repairs. Other existing contract
provisions, such as the cap on the amount that may be expended of$750 per housing unit and limiting
service visits to a housing unit to twice a year, will continue to apply. An applicant would not be
eligible to apply for assistance again until three (3) years following the date of the last assistance.
The Program will be offered to residents on a first-come, first-served basis. In order to be eligible for
the Program an applicant must meet the following basic criteria: be an owner occupant for a
minimum period of one (I) year; meet the applicable income criteria which shall not exceed 80% of
the 2002 area median income for San Bernardino County (i.e., family of 1, $28,100; family of 2,
$32,200); and, be an elderly person, age 60 or above, or be disabled, handicapped or a recipient of
S.S.I.
This Program continues to be in high demand and funds under the existing Program Agreement have
been exhausted. Accordingly, Staff requested and the Redevelopment Committee recommended to
the Community Development Commission approval an additional annual $75,000 allocation for a
three-year period, subject to funding availability in the Redevelopment Agency's housing fund for the
Foundation to continue the Program. It should be noted that in order to insure accountability to the
Agency, the existing Agreement contains a requirement to insure the Foundation reports quarterly on
Program accomplishments to the Agency and to allow for an annual on-site Program visit by Staff to
evaluate their Program records.
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COMMISSION MEETING AGENDA
Meeting Date: 01106/2003
Agenda Item Number: ItJ.O
Economic Development Agency Staff Report
Oldtimers Foundation Agreement
Page 2
ENVIRONMENTAL IMPACT:
The action requested is "exempt" under the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
The $75,000 is budgeted in the Agency's Housing 2002/2003 (low/mod) Fund.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
vjvl1~ ~
Maggie Pacheco, Deputy Directorillirector
Housing & Community Development
_____________________________________________________.______________~_________._____d____________________________________
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COMMISSION MEETING AGENDA
Meeting Date: 01106/2003
Agenda Item Nnmber: /i.;..D
RESOLUTION NO.
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 AN AGREEMENT BY
AND BETWEEN THE AGENCY AND THE OLDTIMERS
FOUNDATION, A CALIFORNIA NON-PROFIT ORGANIZATION,
FOR THE ADMINISTRATION OF THE ELDERLY/SPECIAL
NEEDS MINOR HOME REPAIR GRANT PROGRAM IN THE
AMOUNT OF $75,000 ANNUALLY, FOR A TERM OF THREE (3)
YEARS, SUBJECT TO HOUSING FUNDS AVAILABILITY.
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WHEREAS, the Oldtimers Foundation, a California non-profit corporation
10
("Contractor") administers the Elderly/Special Needs Minor Repair Grant Program ("Program")
on behalf of the Redevelopment Agency of the City of San Bernardino ("Agency") and the
II
12
Agency and Contractor desire to continue making the Program available to elderly/special needs
13
homeowners; and
14
WHEREAS, the Housing Element and the City of San Bernardino's ("City")
Consolidated Plan acknowledges the need for the Program in the City and therefore, the Agency
desires to provide an annual amount of $75,000, for a three (3) year period, subject to
availability of the Redevelopment Low and Moderate Income Housing funds and performance
by the Contractor.
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17
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19
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
AS FOLLOWS:
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21
Section I.
The Executive Director of the Agency is hereby authorized and directed
22
to execute on behalf of said Agency the Agreement between the Agency and the Contractor, in
23
the amount not to exceed Seventy-Five Thousand Dollars ($75,000) annually, for a period of
three (3) years (2003, 2004 and 2005) subject to the availability of the Redevelopment Low and
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Moderate Income Housing Funds for the administration and provision of the Elderly/Special
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limits, in accordance with the provisions of the Agreement, a copy of which is on file with the
2 Agency Secretary and incorporated herein by reference as though fully set forth at length.
3
Section 2.
The Executive Director of the Agency is hereby authorized to make
4
minor corrections, additions and clarifications to the Agreement, provided said changes are not
5
substantive in nature and do not increase the monetary impact to the Agency.
6
Section 3.
For purposes of satisfying the requirements of Health and Safety Code
7
Section 33413 (b), the Commission hereby finds and determines that the Elderly/Special Needs
8 Minor Home Repair
affordable housing.
9
Section 4.
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Grant Program expands and preserves the community's supply of
The Resolution shall become effective immediately upon its adoption.
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5
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 AN AGREEMENT BY AND BETWEEN THE
AGENCY AND THE OLD TIMERS FOUNDATION, A CALIFORNIA
NON-PROFIT ORGANIZATION, FOR THE ADMINISTRATION OF THE
ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT
PROGRAM IN THE AMOUNT OF $75,000 ANNUALLY, FOR A TERM
OF THREE (3) YEARS, SUBJECT TO HOUSING FUNDS
A V AILABILITY.
2
3
4
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
8
Community Development Commission of the City of San Bernardino at a
meeting
9
thereof, held on the day of
10
Commission Members: Aves
11 ESTRADA
12 LONGVILLE
13 MCGINNIS
14 DERRY
15 SUAREZ
16 ANDERSON
MC CAMMACK
,2003, by the following vote to wit:
Nays
Abstain
Absent
17
18
Secretary
19
20
The foregoing resolution is hereby approved this
day of
,2003.
21
22
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
23
By:
Approved
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CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
THIS AGREEMENT (hereinafter the "Agreement") is dated as of _ day of January,
2003, (the "Effective Date") by and between the Redevelopment Agency of the City of San
Bernardino (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
WHEREAS, the Contractor desires to perform, assume responsibility and obligations for
the affordable housing grant administration and maintenance services (the "Services"), as more
fully described in Exhibit "A" on the terms and conditions set forth herein.
WHEREAS, the Agency desires to contract for the Services (Exhibit "A") as hereinafter
described on the terms and conditions set forth herein with funds from the Redevelopment Low
and Moderate Income Housing Funds ("Housing Fund") in the amount of not to exceed Seventy-
Five Thousand Dollars ($75,000), annually, for a period of three (3) years, subject to availability
of the Housing Fund.
WHEREAS, the Services to be provided by Contractor are intended to benefit low-
income elderly and special needs owner-occupants of homes anywhere within the territorial
jurisdiction of the City of San Bernardino with minor home repairs. The Agency shall provide
the funds necessary to the Contractor to provide the Services herein from its Housing Fund. For
the purpose hereof the words "elderly persons" or "senior citizen" mean and refers to persons or
households where at least one resident member is at least sixty (60) years of age as authorized by
Health & Safety Code Section 50067. The words "low-income" mean and refer to the household
income limits established under Health & Safety Code Section 50079.5. The words "owner-
occupied housing unit" or "Owner-occupants of homes" refers to an owner-occupied housing
unit as defined in Health & Safety Code Section 50092.1.
NOW, THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS AND
CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE CONTRACTOR AGREE
AS FOLLOWS:
I
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OPERATIVE PROVISIONS
SECTION I
ENGAGEMENT AND SERVICES OF THE CONTRACTOR
1. En!!a!!ement of Contractor
The Agency hereby engages the Contractor, subject to the terms and conditions set forth
in this Agreement, to perform the Services set forth in Exhibit "A." The Contractor
agrees to perform the Services in accordance with the terms and conditions of this
Agreement.
2. Performance of the Contractor and Warrant of Authority
The Contractor accepts the relationship of trust and confidence established between the
Agency and the Contractor by the terms of this Agreement. The Contractor covenants
with the Agency to furnish its best skill, judgment and efforts and to cooperate with the
Agency and any other contractor or contractors engaged by the Agency in the
performance of the Services. The Contractor covenants to use its best efforts to perform
its duties and obligations under this Agreement in an efficient, expeditious and
economical manner, consistent with the best interests of the Agency. Contractor
represents and warrants to the Agency that it has taken all corporate actions necessary to
enter into this Agreement.
3. The Contractor's Personnel
The Contractor shall provide adequate and experienced workers, administrative and
management personnel to perform the Services consistent with the services set forth in
Exhibit "A."
4. The Contractor's Responsibilities for Costs and Expenses
The Contractor shall be responsible for all costs and expenses incurred relative to the
Contractor, personnel of the Contractor and subcontractors of the Contractor, in
connection with the performance of the Services, including, without limitation, payment
of salaries, workers compensation insurance coverage, fringe benefits contributions,
payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel
expenses, telephone and other telecommunication expenses, and document reproduction
expenses.
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SECTION II
RESPONSIBILITIES OF THE CONTRACTOR
1. Personnel
The Services shall be performed by the employees of the Contractor or by licensed
subcontractors under its direct supervision and control. The Contractor represents to the
Agency that it possesses the professional and technical personnel required to perform the
Services. The Agency retains Contractor on an independent contractor basis and
Contractor is not an employee of the Agency. The personnel performing the Services on
behalf of the Contractor shall at all times be under the Contractor's exclusive direction
and control. The Contractor shall pay all expenses including, without limitation, salaries,
fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and
all other amounts due such personnel or due others as a result of the performance by such
personnel in connection with their performance of services under this Agreement and, as
required by law, shall be including, but not limited to, Social Security taxes, income tax
withholding, unemployment insurance and workers compensation insurance.
2. Cooperation/Proiect Administration
Contractor shall work closely and cooperate fully with the Agency's Executive Director,
or his/her designee (the "Project Administrator"), and any other agencies which may have
jurisdiction or interest in the Services. The Project Administrator will administer this
Agreement. The Project Administrator, or his/her designee, shall be the principal officer
of the Agency for liaison with the Contractor, and shall review and give approval to the
details of the Services as they are performed.
3. Proiect Manal!er
The Contractor shall designate and assign a project manager ("Project Manager"), who
shall coordinate all phases ofthe Services herein. The Project Manager shall be available
to the Agency at all reasonable times. The Contractor designates Michael Milon, as its
Project Manager of the Program.
4. Time of Performance
The Services to be performed by Contractor under and pursuant to this Agreement shall
be for a period of one (I) year, from January 6,2003 (Effective Date) through January 6,
2004 (the Completion Date). The Executive Director of the Agency is authorized to
extend the Completion Date for two (2) additional years after the Completion Date,
subject to Housing Fund availability
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5. Report Materials
At the Completion Date, the Contractor shall deliver to the Agency all documents, data,
studies, surveys, drawings, maps, models, photographs, and reports prepared by the
Contractor or prepared by others for the use and/or benefit of the Contractor or otherwise
provided to the Contractor by the Agency or by others under this Agreement (the "Report
Materials"). The Report Materials shall be considered the property of the Agency and
shall be delivered to the Agency on the Completion Date or earlier, if applicable, upon
termination of the Agreement.
6. Ae:encv Policv
The Contractor shall discuss and review all matters relating to the Services with the
Project Administrator upon request in order to ensure that the Services proceed in a
manner consistent with the goals and policies ofthe Agency.
7. Conformance to Applicable ReQuirements
All aspects of the provision of the Services by Contractor shall at all times conform to
applicable city, county, state, and federal requirements and be subject to approval of the
Project Administrator and, if necessary, the Community Development Commission.
8. Indemnification
The Contractor shall indemnify, defend (if requested by Agency and City) and hold
harmless the Agency and the City, its officers, employees and agents against, and will
hold and save them and each of them, harmless from any and all actions, claims, damages
to persons or property, penalties, obligations or liabilities that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision or other organization arising
out of alleged negligent acts, errors, or omissions in connection with the provision of the
Services by the Contractor, operations or activities of the Contractor, its agents,
employees or subcontractors provided for herein, whether or not there is concurrent
negligence on the part of the Agency and City, its officer, agents or employees (but
excluding such actions, claims, damages to persons or property, penalties, obligations, or
liabilities arising for the sole negligence or willful misconduct of the Agency and City,
Community Development Commission or Common Council, agents, servants or
independent contractors who are directly responsible to the Agency and City) and in
connection therewith:
a. The Contractor will defend any action or actions filed in connection with any of
said claims, damages, penalties, obligations or liabilities and will pay all costs and
expenses, including the salary, fees, costs and expenses of the lawyers employed
by the office of the City Attorney as may be incurred in connection therewith.
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b. The Contractor will promptly pay any judgment rendered against the Contractor
or the Agency and covering such claims, damages, penalties, obligations and
liabilities arising out of negligent acts, errors, or omissions in connection with
such Services, operations, or activities of the Contractor hereunder; and the
Contractor agrees to save and hold the Agency and City harmless there from.
c. In the event the Agency and City are made a party to any action or proceeding
filed or persecuted against the Contractor for such damages or other claims arising
out of alleged negligence in connection with the work, operations or activities of
the Contractor hereunder, the Contractor agrees to pay to the Agency and City any
and all costs and expenses incurred by Agency and City in such actions or
proceedings, together with reasonable City Attorneys' fees.
9. Standard of Care; License
The Contractor represents and warrants that it and all personnel engaged in performing
Services are and shall be fully qualified and are authorized or permitted under state and
local law to perform such Services. The Contractor shall perform the Services in a skillful
and competent manner. The Contractor shall be responsible to Agency for any errors or
omissions in the execution of its duties under this Agreement and in the performance of its
duties hereunder. The Contractor represents and warrants that it and all personnel
engaged in performing the Services have all licenses, permits, qualifications, and
approvals of whatever nature that are legally required to practice its profession. The
Contractor further represents and warrants that it shall keep in effect all such licenses,
permits, and other approvals during the term of this Agreement.
10. Insu rance
Without limiting the Contractor's indemnification of the Agency and City, the Contractor
shall obtain and provide and maintain at its own expense during the term of this
Agreement a policy or policies of comprehensive general liability insurance of the type
and amounts described below and satisfactory to the Agency, in its sole discretion. Such
policies shall be signed by a person authorized by the insurer to bind coverage on its
behalf and must be filed with the Agency prior to exercising any right or performing the
Services. Said policies, excepting professional liability, shall add as additional insured the
Agency and City, its elected officials, officers, attorneys, employees and agents for all
liability arising from the Contractor's Services as described herein.
a. Within ten (10) days following the Effective Date and prior to the commencement of
the Services, the Contractor shall deliver to the Agency certificates of insurance with
original endorsements, and copies of policies, if requested by the Agency, of the
following insurance, with Best's Class B+VIII or better carriers:
1. Workers' Compensation Insurance covering all employees and principals of the
Contractor, in a minimum amount of $1 million per accident, effective per the
laws of the State of California;
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2. Commercial general liability insurance covering third party liability risks,
including without limitation contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury,
and property damage. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall be
twice the occurrence limit.
3. Commercial auto liability and property insurance covering any owned and rented
vehicles of Contractor in a minimum amount of $1 million combined single limit
per accident for bodily injury and property damage.
b. Said policy or policies shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, or reduced in coverage or in limits except after thirty
(30) days' prior notice has been given in writing to the Agency and the City. The
Contractor shall give to the Agency and City prompt and timely notice of claim made
or suit instituted arising out of the Contractor's operation hereunder. The Contractor
shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection and
performance of the Services.
c. The Contractor shall include subcontracting consultant, if any, as insured under its
policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverage for each subcontractor shall be subject to the requirements stated herein.
11. Prohibition Al!ainst Transfers
a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly by operations of law without the prior
written consent of the Agency. Any attempt to do so without the prior written
consent of the Agency shall be null and void, and any assignee, sub-lessee,
hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation, or transfer.
b. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of the Contractor, if the Contractor is a corporation or of the
interest of any general partner or joint venture or syndicate member or co-tenant of
the Contractor, if the Contractor is a partnership or a joint venture or a syndicate or a
co-tenancy, which shall result in changing the control of the Contractor, shall be
deemed an assignment of this Agreement. For purposes of this paragraph, "control"
means the ownership of fifty percent (50%) or more of the voting power of the
corporation of fifty percent (50%) or more of the voting power of a partnership, joint
venture, syndicate or co-tenancy.
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12. Proeress and Ouarterlv ReDorts
The Contractor is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a quarterly basis regarding the status and progress of the
Services, activities performed and planned, and any meetings that have been scheduled or
are desired relative to the Services or relative to this Agreement. The Contractor shall
also provide written monthly reports on the Services provided herein to the Project
Administrator. Such reports will include, but are not limited to, the names, addresses,
income, household size of all applicants obtaining assistance from Contractor and other
demographic information as may be reasonably requested by the Project Administrator in
the form of Exhibit "B." As promptly as feasible, following the Effective Date the
Contractor shall prepare and deliver to the Project Administrator, from time to time, the
written listing of applicants for the Service which the Contractor shall prepare and
maintain in accordance with Exhibit "A."
13. News Releases
No news releases, including photographs, public announcements, or confirmations ofthe
same, of any part of the subject matter of this Agreement or any phase of the Services
shall be made without prior written consent of the Agency Administrator.
14. Scheduline
The Contractor shall generally have no obligation to work any particular schedule,
provided, the Contractor will coordinate with the Agency in achieving the results sought
under the terms of this Agreement. The services hereunder shall be performed on an as-
needed, first come first serve basis, to all qualified homeowners as provided in Exhibit
"A."
15. No Set Hours/Rieht to Contract
The Contractor's obligation hereunder is to complete the Services and to meet any
deadlines set forth therein. Except as provided in paragraph 14 of this Agreement, the
Contractor has no obligation to work any particular hours or days or any particular
number of hours or days. In this regard, the Contractor retains the right to contract for
similar Services with any other entity, public or private.
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SECTION III
RESPONSIBILITIES OF THE AGENCY
1. Cooperation
The Agency and the Contractor shall cooperate with each other relative to the provisions
and implementation of the Services.
SECTION IV
COMPENSATION
1. Compensation
In consideration of the performance by the Contractor of the Services, the Agency shall
pay to the Contractor in the sum of not to exceed $75,000 annually for the term of this
Agreement. Subject to availability of the Housing Fund the total amount of
compensation (the "Compensation") shall not exceed Two Hundred and Twenty-Five
Thousand Dollars ($225,000) to Contractor during the term of this Agreement.
2. Pavment of Compensation
The Contractor shall submit invoices to the Agency on a monthly or quarterly basis for
all Services performed by the Contractor. The Contractor shall submit billed invoices in
the form as set forth in Exhibit "B." Each invoice shall show the number of hours
worked per person/Contractor and the nature of the work performed. The Contractor
shall also indicate or state the number of households assisted monthly, as per Exhibit "B,"
Section B. The Agency shall make payments to the Contractor within thirty- (30) days
following the date ofreceipt of the invoice unless the Agency disputes the amount of the
Compensation the Contractor claims it is owed under this Agreement.
3. Withholdin!!
a. Disputed Sums: The Agency may withhold payment of any portion of the
Compensation if payment is disputed by the Agency until resolution of the dispute
with the Contractor. Such withholding by the Agency shall not be deemed to
constitute a failure to pay by the Agency. The Contractor shall not discontinue the
performance of the Services for a period of thirty- (30) days from the date
Compensation is withheld hereunder. The Contractor shall have an immediate right
to appeal to the Community Development Commission with respect to withheld
amounts, provided however, that any claim which the Contractor may have against
the Agency shall be submitted in writing within the period of time allowed for the
submission of claims against the Agency under Government Code Section 911.2. The
Contractor shall be entitled to receive interest on any portions of the Compensation
withheld, which are thereafter deemed to be properly payable to the Contractor at the
rate of five percent (5%) per annum, simple interest.
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b. Retention: The Agency shall have the right to retain an amount equal to ten percent
(10%) of the Compensation ("Retention") as invoiced by the Contractor until a period
of thirty (30) days following the Completion Date at which time the authorized agent
of the Retention shall be remitted to the Contractor; provided that no event of default
may then exist. The Agency shall have the right without further liability to the
Contractor, to utilize the Retention to satisfy obligations of the Agency relative to the
Services in the event the Contractor does not complete the Services satisfactory to the
Agency.
SECTION V
EXPIRATION AND TERMINATION
1. Termination
a. Termination bv Written Notice of Agencv: Agency may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination. In the event of
termination without cause, Contractor shall be compensated for the work performed
up to that date of termination. Payment for work completed under the Agreement to
date of termination shall be made strictly on the basis of work actually completed by
Contractor to the satisfaction of the Agency. In no event shall the total compensation
for services performed under this Agreement exceed Seventy-Five Thousand Dollars
($75,000) per year. Contractor shall be entitled to no further compensation after
termination.
b. Termination bv Contractor: Contractor may not terminate this Agreement except for
cause.
c. Termination Upon Event of Default: In addition to any other available legal or
equitable rights or remedies, upon an Event of Default by the Contractor, the Agency
shall have the right to terminate this Agreement upon written notice to the Contractor.
Such termination shall be effective upon Notice given pursuant to Section VI,
paragraph 6 below.
2. Events of Default
Each of the following events shall constitute an "Event of Default":
a. The Contractor shall fail to observe, perform or comply with any material term,
covenant, agreement or condition of this Agreement which is to be observed,
performed, complied with by the Contractor, if such failure to continue uncured for
three (3) calendar days, after the Agency gives the Contractor notice of any failure,
and specified the nature of such failure.
b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty,
willful misconduct, or intentional or breach of any provision of this Agreement.
9
P,\Ckri<al Services Dq>l\M..-pret hrker\Ag...dalAgrmts-Amond\OJ-OI-06 Oldlimen Agreement,doc
3. Cooperation Upon Termination
If this Agreement is terminated in any manner provided for herein, the Contractor shall
provide to the Agency upon request by the Agency all unfinished or finished documents,
data, report, drawings, etc., prepared by the Contractor for the provision of services under
this Agreement. Contractor further covenants to give its good faith cooperation in the
transfer of work to any other contractor designated by the Agency to complete the
provision of services described in Exhibit "A" following the termination of the
Agreement and to participate at no cost to the Agency in such meetings as may be
deemed necessary by the Agency to effectively accomplish the transfer.
4. Termination Date
In addition to paragraphs I and 2, this Agreement shall terminate upon the delivery of all
documents required under Section IIA and either (a) the Completion Date, or (b) full
payment of the Compensation, provided however, that the provisions of Section II.8
(indemnity) and Section II.lO (insurance) shall survive such termination date.
VI
GENERAL PROVISIONS
1. Nondiscrimination bv the Contractor
The Contractor represents and agrees that the Contractor, its affiliates, subsidiaries, or
holding companies do not and will not discriminate against any subcontractor, contractor,
employee, or applicant for employment because of race, religion, color, sex, handicap, or
national origin. Such nondiscrimination shall include, but not be limited to, the
following: employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
2. Al!encv'S Ril!hts to Emplov Other Contractors
The Agency reserves the right to employ other contractors and/or contractors 10
connection with services herein.
3. Conflicts ofInterest
a. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (I) requires such persons to disclose
financial interests that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interests.
b. If subject to the Act, the Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the Agency.
10
P,\C!t';<RI Services D<:plIMatgatet Parker\Ag""..\Agnnti-Ammd\03-01.06 Oldlim.'" Agr.:emenl.doc
4. Subcontractor
The Contractor shall not subcontract any portion of the Services except as expressly
stated herein, without prior written consent of the Agency. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
5. Waiver
No waiver of any default shall constitute a waiver of any other breach or default, whether
of the same or any other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by other parties shall give the other any contractual right
by custom, estoppels, or otherwise.
6. Notices
All notices required hereunder shall be given in writing to the following addresses or
such other addresses as the parties may designate by written notice:
To the Agency:
Economic Development Agency
of the City of San Bernardino
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
Attn: Gary Van Osdel, Executive Director
To the Contractor:
Oldtimers Foundation
8572 Sierra Avenue
Fontana, California 92335
Attn: Michael Milon, Administrator
Notice shall be deemed received as follows, depending upon the method of transmittal:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by
U.S. Mail, certified, return receipt requested, as of72 hours after deposit in the U.S. Mail.
7. Authority to Enter Al!reement
The Contractor is a non-profit community services organization duly organized, validly
existing in good standing under the laws of the State of California and will continue to be
so during the term of this Agreement. The Contractor has all requisite power and
authority to conduct its business and to execute and deliver, and to perform all of its
obligations under this Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to enter into this
Agreement so as to bind each respective party to perform the conditions contemplated
herein.
11
I',IClcri..1 Scrvi_ DcplIMuprCl Pllkcr\Ajlend&\Ai""u-Amer:uNll-ol-06 Oldti....... Agrccmcnloo.:
8. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
9. Time is of the Essence
Time is of the essence in this Agreement, and all parties agree to execute all documents
and to proceed with due diligence to complete all covenants and conditions set forth
herein.
10. Attornev's Fees and Costs
If any legal action or other proceeding is brought for the enforcement of this Agreement
or because of an alleged dispute, breach, default, or misrepresentation in connection with
an provisions of this Agreement, the successful or prevailing party shall be entitled to
recover reasonable attorney's fees and other costs incurred in that action or proceeding, in
addition to any other relief to which it may be entitled. The costs, salary and expenses of
the City Attorney and members of his office in enforcing this Agreement on behalf of the
Agency shall be considered "attorney's fees" for the purpose of the paragraph.
11. Governin2 Law and Venue
This Agreement shall be construed in accordance with and governed by the laws of the
State of California. Any lawsuit brought to enforce this Agreement shall be brought in
the appropriate court in San Bernardino County, State of California.
12. Waiver
No waiver of any provision of this Agreement shall be deemed or shall constitute a
waiver of any other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding
unless execute in writing by the party making the waiver.
13. Davs
Any term in this Agreement referencing time, days, or period for performance shall be
deemed to be calendar days and not workdays.
14. Entire A2reement
This Agreement contains the entire agreement of the Agency and the Contractor and
supersedes any prior or written statements or agreements between the Agency and the
Contractor. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing by both parties.
12
P:\Clerlc.1 Scrvi"", Dcpt\Margarct I'&rkerlAgondalAgrroU.AmcndIDJ.(II-06 01dlimen Au=nml.doc
15. Bindin!! on Assi!!ns
Each and all of the covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the respective parties.
16. Invaliditv
The illegality of any provision of this Agreement shall not affect the remainder of this
Agreement.
17. Counterparts
This Agreement may be signed in counterparts, each of which shall constitute an original
and which collectively shall constitute one instrument.
18. Captions
The captions of the various articles and paragraphs of this Agreement are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement or of any part or parts of this Agreement.
19. Construction
In all cases, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any party, it being agreed that
the parties or their agents have all participated in the preparation of this Agreement.
20. CooperationlFurther Acts
The parties shall fully cooperate with one another in attammg the purposes of this
Agreement and, in connection therewith, shall take any such additional further acts and
steps and sign any such additional documents as may be necessary, appropriate and
convenient as related thereto.
21. Suspension of Work
Notwithstanding any other provision of this Agreement to the contrary, the Services
performed by the Contractor may be suspended by the Agency in whole or in part from
time to time, in any number of times, when determined by the Agency, in its sole
discretion, that suspension is necessary and in the interest of the Agency, to ensure it has
received sufficient funds from the Contractor to timely pay the Agreement Costs. The
Contractor shall comply immediately with any written order by the Agency suspending
the Services. The Services shall be suspended until receipt by the Contractor of a written
Services commencement order from the Agency. Further, and notwithstanding any other
provision of this Agreement to the contrary, any such suspension shall not relieve the
Contractor of any of its obligations under this Agreement. Further, and notwithstanding
any other provisions of this Agreement to the contrary, any such suspension shall be
13
P:\Ckri<al Scrvi,'Ci DeptIMargar<l Parker\Ag...dalAgrmts-Amend\03-ll1-06 Oldtim.... Agreemonl.Ooc
without any liability to the Contractor on the part of the Agency, and the Contractor shall
not be entitled to any additional compensation as a result of such suspension.
22. Incorporation of Recitals and Exhibits
a. The "Recitals" constitute a material part hereof, and are hereby incorporated by
reference herein as though fully set forth herein.
b. The Exhibits "A," "8" and "C" shall constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
23. References
11/
11/
11/
11/
11/
11/
/11
/11
/11
11/
11/
/11
11/
11/
11/
11/
All references to the Contractor shall include all personnel, employees, agents and
subcontractors of the Contractor.
14
P:\Clcrical Sc:r\iccs DcpI\MargarCl Parker\ABendalAgnm.-AmendIOHll-Q6 Oldlimcr> Agr..mentOol:
IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this
Agreement upon the terms, conditions, and provisions set forth above as the Effective Date.
Redevelopment Agency
of the City of San Bernardino
Oldtimers Foundation, a California
Non-Profit Organization
Gary Van Osdel, Executive Director
By:
Title
Approved as form and legal content:
Agency Special Counsel
]5
P,\CIOfical Scrvi= Dept\M&rgll"et Park.,,-\AgendllAgrmu.-luJ>g>dlOl.(l!-Q6 Oldt;rm... Agroement.doc
EXHIBIT A
SCOPE OF SERVICES
AGENCY AND OLDTIMERS FOUNDATION AGREEMENT
ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM
The Contractor shall provide minor home repair services to lower income senior citizen (as
defined in C below) homeowners within the City of San Bernardino in order to maintain the
existing affordable single family housing stock through compliance with municipal health and
safety codes. The minor home repairs includes, but is not limited to the following:
A. ALLOWABLE REPAIRS
1. Plumbing & Heating
Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water
faucets, adjust lawn sprinkler heads.
Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as
needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and
debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines,
water heater replacement, minor heating and cooling systems malfunctions.
2. Electrical
Repair and Replace: Switches, outlets, cartridge type fuses
Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper
operational functions, existing smoke detectors. Install smoke detectors.
3. CARPENTRY
Repair/Replace/Realign: Cabinet and door hinges, binding doors, damaged door
hardware, worn and damaged window or door screens, broken windows. Build and
install medical or handicapped ramps with handrails. Install hand-held bath or shower
rails.
4. GENERAL
Repair/Replace: Towel racks, shower curtain rods, soap and toilet tissue holders,
window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install
deadbolt or security locks on doors, windows, patio doors and windows. Install garage
door springs, carpet, medical and or handicapped ramps.
Exhibit "A-I"
P,\Ck,;<al S<rvica DcptIMargo.r<l hrkeM&enda\Agrm~Am""d\Ol~l.06 Oldt;lIIen Agreement,doc
B. EXPENDITURES AND PROGRAM LIMITATIONS
Agency funds will be used to reimburse Contractor for services and repair costs incurred
under this Agreement. In no event shall the repair costs for anyone single family housing
unit exceed $750. The Contractor shall charge their expenses in accordance with the
hourly wage noted in Exhibit "B," Section 2. The Contractor shall be limited to
providing services to an eligible applicant not more than twice a year. Thereafter, an
Applicant may not apply for additional assistance until three (3) years following the date
of the last assistance. Contractor will schedule its own staff to make necessary repairs in
a timely manner. All work performed by Contractor shall be completed with 45 days
from date of commencement. The Contractor shall maintain accurate records for
inspection by the Agency of each applicant obtaining services by the Contractor. The
contractor will provide all services, materials, parts, and labor required for the
performance of the minor home repairs necessary to maintain decent, safe, and sanitary
residential units. Contractor shall submit monthly invoices with supporting
documentation of expenditures to be maintained in Contractor's files, and made available
to Agency upon request, and such invoices shall be billed consistent with Exhibit "B" of
the Agreement. The Contractor shall provide assistance to a minimum of 85 households
per year.
C. APPLICANT ELIGIBILITY REQUIREMENTS
1. An applicant must be an owner occupant for a minimum period of one (1) year; on a
case-by-case basis, and depending on the circumstances, this requirement may be waived
by the Executive Director of the Agency or his/her designee; Applicant must provide
evidence of ownership and length of residency.
2. Applicant must complete a Grant Application and meet the applicable income criteria
(Exhibit "C"). The applicant's annual income shall not exceed 80% of the median
income for San Bernardino County. The Agency shall provide the Contractor with the
income limits for the current year. Contractor is required to use Exhibit "C" attached
herein for all participants in the Program and to retain all applications in the possession of
the Contractor's file.
3. Applicant applying for the Program must be a senior, age 60 or above, or disabled,
handicapped, or a recipient of S.S.I.; on a case-by-case basis, depending on the
circumstances, this requirement may be waived by the Executive Director of the Agency
or his/her designee.
The Contractor shall maintain accurate records for inspection by the Agency concerning income
and program eligibility of all persons obtaining assistances from the Contractor pursuant to this
Agreement.
Exhibit "A-2"
r:\Cbi<al Service> DeptIMargarel Parker\AgcodlllAgmlts-Amcnd\03-0l-Q6 Oldtimus Agreemenldoc
EXHIBIT B
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
REQUEST FOR MONTHLY REIMBURSEMENT
Agency/Organization:
Oldtimers Foundation - Fed. ill #95-6126109
Address:
8572 Sierra Avenue, Fontana, CA 92335-3840
Reimbursement for the Month of:
,200_ Invoice No.:
Amount of Reimbursement: a. Administration (1112 x $11,250)
$937.50
b. Job Service - Labor from Exhibit B
c. Job Service - Material and Supplies from Exhibit B
Total
The undersigned hereby certifies that the expenditures identified on the attached "Budget
Summary Form" are true and correct, and that said expenditures were incurred and paid within
the month designed above in accordance with the agreement identified herein. Evidence of all
payments (bills and/or receipts and check copies) for each of the expenditures listed is attached
hereto.
(Authorized Signature)
(Type Name and Title)
(Date)
FOR OFFICE USE ONLY
Reviewed by:
Approved by:
Exhibit "B-1"
P:\Clcricol Scrvi= Dq>t\Mugaroll'arkcr\Agen.b\Agrmts-Amend\03-01-06 Oldlim... Agr..ment<.loc
REIMBURSEMENT REQUEST
Budgeted Year to Date Balance
A. EXPENDITURES Amount Current Month Cumulative Available
I. Wages - Administration
a. Administrator/Acc!. @ $15.83/br.
b. Dispatcher (aJ, $8.25/br
Fringe Benefits
a. Administrator/Accountant
b. Dispatcher
Wal!es and Frinl!es Subtotal
2. Consultant - Audit
3. Travel ( miles (aJ, $0.25/br.)
4. Rent
5. Payroll Service
6. Vehicle Maintenance
7. Auto and Misc. Insurance
8. Cell Phone and Radio
Total Maximum Program
Administration Expense
(.15 x $75,000) $ 11,250
9. Job Service/Wages
a. Working Foreman brs. x $15.00
b. Maintenance Worker brs. x $8.97
c. Material and Supplies
Fringe Benefits
a. Working Foreman
b. Maintenance Worker
Total Job Service/Labor
Total $ 75,000
10. Minimum Households Assisted Per
Year at a Maximum of $750 85
B. # ofIndividuals Assisted Monthlv # Female Head of Household:
I. # Low Income Level
2. # Verv Low Income Level
Total (1 + 2 = B)
Please attach supporting invoices and documentation.
Revised: 10/31/02
Exhibit "B-2"
P:lelori.,..1 Services DeptIMargaM rorkcr\As""df,\Ai""lO-Amend'ilHll-06 Oldtimcn Agre<:rnenl.doc
EXHIBIT C
City of San Bernardino OLDTIMERS FOUNDATION
Redevelopment Agency
SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION - 2002 YEAR
Applicanes Name (Last, First, MI)
Social Security Number
Applicant's Name (Last, First, MI)
Applicanes Date of Birth - Age
Street Address
Applicant's Phone Number
San Bernardino
City/Zip
Years at Residence:
Number of Minor Children (If Applicable):
Household Size:
Head of Household: 0 Male 0 Female
L II
I' '
'd
h h
If
ist a persons IVlng In resl ence ot er t an yourse :
Employed
Name Relationship Age Social Security # Yes I No
All income of all household occupants must be shown here. Applicant must attach proof of income and
ownershi .
MONTHLY HOUSEHOLD INCOME
AFDC Social Securi $ SSI/SSP $
Disability
Insurance Food Stam s $
Unemployment
Ins Pension/Retire Alimon $
Other/Real
Child Su ort $ Pro e $
TOTAL MONTHLY INCOME: $ TOTAL ANNUAL INCOME:
Exhibit "e-I"
P:\Clerical Seni... DepI\Margllct PorkcrlAgmdalAgrmti-Amend'ill-O 1-06 Oldlimcn Agreemmldo<
2002 Income Level
1
8+
53,100
Ethnicity:" (Please check all that apply)
o Sr. Cltizen(s) - 62 or Older
o Black
o American Indian
o Female Head of Household 0 Disabled One or More
o Hispanic 0 Other
o White 0 Asian or Pacific Islander
I certify under penalty of pe~ury that the information provided above is correct to the best of my knowledge. I understand that the
inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any
financial benefit I may have received. I authorize the Oldtimers Foundation to examine and verify any and all information provided
in this application.
Date:
Signature
Date:
Signature
OJdtimers.doc -o7/07{00
P:\Forms\Housing Forms\Houslng Misc\APplicatiOll-
Exhibit "C-2"
p:lel.,;""l Sorvices Dept\Marg.... r...ker\Agenda\Agrmts-AmmdlOJ-OI-06 01dtimcn Agreement.doc
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 10, 2003
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/2003-1
At the Mayor and Common Council meeting of January 6, 2003, the City of San Bernardino
adopted Resolution CDC/2003-1- Resolution approving and authorizing the Executive Director
of the Redevelopment Agency to execute an agreement by and between the Agency and the
Oldtimers Foundation for the administration of the Elderly/Special Needs Minor Home Repair
Grant Program in the amount of $75,000 annually, for a term of three (3) years, subject to
housing funds availability.
Please obtain all signatures and return the original agreement to the City Clerk's Office. If you
have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthis memorandum.
Signed:
~h;/::A)
Please sign and return
Date:
. .
,
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Vote:
Ayes
Nays
(.
Abstain
."c::J
('j.Je! le( ~> I
,
Absent (:.....
Meeting Date (Date Adopted):
; .1
1_(
'-0
t.',.;
Item #
1'- 2.(;
Resolution #
Change to motion to amend original documents:
Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
NullNoid After: -
eJt\
Date Sent to J\1<ifcir: /- " - (,:)
Date of Mayor's Signature: ,- '1-<Y')
Date ofClerklCDC Signature: 1- "1 -0'<,
Reso. Log Updated:
Seal Impressed:
,/
r
,,/
Date Memo/Letter Sent for Signature:
l IC.'.C ':)
See Attached: /' Date Returned: t-t -11-03
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
/ ..
Yes~ No By -0-.--
Yes No -J.L- By 1----
Yes No ____ By-\.----
Yes No --./-- By!
,--
Yes No f
--"'- B)'/_
Copies Distributed to:
City Attorney ~i
Parks & Rec.
Code Compliance Dev, Services EDA ,./ Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date: H -/1-03
Revised 01112/01