HomeMy WebLinkAboutRS1-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF TIlE CITY OF SAN BERNARDINO
(g(g)fPV
REOUEST FOR COMMISSION/COUNCIL ACTION
4
FROM RONAID E. WINKLER
Director
SUBJECT:
Agreement for Professional Services
Mobile Home Rent Board
DATE: April 16, 1998
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Svnonsio of Previous Commioslon/CouncWCommittee ActIon(s):
On August 4, 1997, the Commission authorized an Agreement for Professional Services with Bonnie Bonfanti in
connection with the EDA Mobilehome Park Conversion Program.
On January 26, 1998, the Commission authorized an amendment to the Agreement for professional services with Bonnie
Bonfanti.
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(Community Development Commission)
Recommended Motlon(s):
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONTRACT WITH BONNIE BONFANTI FOR PROFESSIONAL SERVICES TO
BE PROVIDED TO THE MOB1LEHOME RENT BOARD
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Contact Person(s): Ronald E. Wink1er/Susan M. Morales
Phone:
5081
Project Area(s):
N/A
Ward(s): N/A
Supporting Data Attached: x Staff Report 0 Resolution(s) x Agrecmcnt(s)/Contract(s) 0 Map(s) 0 LtrlMcmo
FUNDING REQUIREMENTS: Amount: $25.000
Source: LowlMod & HOME Funds
SIGNATURE:
Budget Authority: Reouested
~L..h~
Development Department
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Commisslon/CouneD Notes:
TCS:SMM:04-20-98.cdc2
COMMISSION MEETING AGENDA
MEETING DATE: 04120/1998
Agenda Item Number: f5-1
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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A2reement for Professional Services
On August 4, 1997, the Commission approved an Agreement for Professional Services with Bonnie
Bonfanti to provide transitional services in connection with the EDA Mobilehome Park Conversion
Program. The contract amount was $90,000 to be funded from both HOME Funds and Low-and-
Moderate Income Housing Funds. Subsequently, on January 26, 1998, the Commission approved
an Amendment to Ms. Bonfanti's Professional Services Agreement to provide for transition services
of the eight agency-owned mobile home parks to non-profit ownership. This contract amount was
$75,000. These contracts include all costs for operating the Parent Non-Profit. Since that time, Ms.
Bonfanti has assisted with not only activities related to the Agency-acquired mobile home parks, but
also Mobile Home Rent Board, Rent Subsidy Assistance, and Handyman/Title 25 Programs.
Currently, there are no plans to engage in the additional conversion or acquisition of any more mobile
home parks. In fact, work will now focus on improving and preserving those parks that are converted
and providing for their economic stability. Further there is need to continue the activities of the
Mobile Home Rent Board in accordance with the Mobile Home Rent Control Ordinance as well as
provisions of economic assistance to tenants through the Rent Subsidy Assistance and
HandymanfTitle 25 Programs. It is proposed that aforementioned activities be handled by EDA staft:
rather than by independent consultants.
The agreement before you allows for a period of time for the transition and absorption of the
programs to occur. Specifically, it provides for continued services of Ms. Bonfanti through June 30,
1998. This agreement is solely for the purpose of continuing those functions provided by the
Mobilehome Rent Control Board. Total compensation under the agreement is not to exceed $25,000.
Considering the above, staff recommends adoption of the form motion.
~-',gJ~
onald E. inkIer, Director
Development Department
TCS:SMM:04-20-98.cdc2
COMMISSION MEETING AGENDA
MEETING DATE: 04120/1998
Agenda Item Number: m
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RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
3 WITH BONNIE BONFANTI FOR PROFESSIONAL SERVICES TO BE PROVIDED TO
THE MOBILE HOME RENT BOARD.
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BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Chairperson of the Community Development Commission is hereby
authorized and directed to execute a contract with Bonnie Bonfanti to provide professional services
to the Mobile Home Rent Board and its Director, a copy of which is attached hereto and marked as
Exhibit "A" and incorporated herein with reference as though set forth at length.
SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
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Resolution.
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SDEltbm[bonfanti....] I
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
2 WITH BONNIE BONFANTI FOR PROFESSIONAL SERVICES TO BE PROVIDED TO
THE MOBILE HOME RENT BOARD.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a
meeting thereof, held on the
_ day of
. 1998, by the following vote, to wit:
COMMISSION MEMBERS:
ESTRADA
LIEN
ARIAS
SCHNETZ
DEVLIN
ANDERSON
MILLER
AYES NAYS ABSTAIN ABSENT
Secretary
The foregoing Resolution is hereby approved this _ day of
.1998.
JUDITH VALLES, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
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.f~
ency Counsel
SDEI1bm[bonfanti.rcs]
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of this
day of
,1998, by and between the REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, a public agency of the State of Cali fomi a (the "AGENCY") and BONN[E
BONFANTI, a consultant providing professional services, (the "CONSULTANT"). [n
consideration of the tenns and conditions set forth herein, the parties hereto agree as follows:
1. SCOPE OF SERYICES. The AGENCY hereby retains CONSUL TANT to
provide, under the direction of the Mobile HOr.1e Rent Board Director, i.e., Director of
Development of the Economic Development Agency, or his des!gnee, the following servict's to the
Mobi[e Home Rent Board:
a. Respond to all inquiries directed to the Mobile Home Rent Board
andior any of its programs:
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t., Comaclal! mobile home park managers ana allY usidems groups
in the mobile home parks to advise thrm of t!>.~ on-goi:1~ status or the
Mobile Home Rent Board and any programs being administered r..'uough
the Board TO provide assurance that thl' M:J.yur of the City Gf Sa~,
Bernardino is responsive to the need for this function orthe City;
c, Temporarily suspend the Handyman/Title 25 program until such
time the Mayorand Commor. Council direct othef"'ise;
d. Maintain a list of names and telephone numbers of individuals
inquiring into the HandymanlTitle 25 program and who \\<ish to be
contacted when such program is reinstated;
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e. Review and process any pending applications for the rent control
subsidy and take necessary action and work with Agency and/or City staff
to ensure that the rent control subsidy program continues uninterrupted
and v.ithin the guidelines and budget limitations under which it previously
operated:
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EXHIBIT "A"
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f. Assist as requested with long-range planning for the functions of
the Mobile Home Rent Board;
g.
Keep a record of the proceedings of the Board, which shall be open
for inspection by any member of the public;
h.
Provide Board members with copies of all current federal, state and
city, laws, codes, ordinances and regulations referred to in Chapter 8.90
of the San Bernardino Municipal Code, if necessary; and
i.
To the extent possible. develop an administrative organizational
structurt> to the Mobile Home Rent Board and any programs being
admjni~;~reQ by the SilIl1l'.
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COiv1PENSJ.. TiOK AGE~CY shall compensate CO~SUL rANT for services
provided pursU?J1t to the Agreement at the rate of Eighty-Five Dollars (85.00) per hour. All direct
costs and expens~s for those items r:ecessary to provide the services to the Mobile Home Rent
Board as set forth in Section 1 ofrhis Agreement shall be advancl'd by CONSULTANT and shall
not exceed S50.00 lllr t)ach item. wiih a tota! not to exceed Thre\'-Hundred Dollars (S300.00) in a
thirty (30) day p':icxl. AGD:CY shall reimburse CON~UL TAl\ll for s\lch costs :t\1d expenses
based upon requisitions submitted to and approved by the AGENCY.
CONSULTANT shall submit an invoice to the AGENCY on a monthly basis for payment
of consulting services and reimbursable costs and expenses. The AGE~CY shall accept or reject
such invoices and shall pay CONSUL TANT within thiI1:' (30) days of receipt of each invoice as
so approved by the AGE};CY. Invoices shall be presented in a form acceptable to the .-\GENCY.
Services billed and reimbursed costs and expenses shall not exceed an amount of Twenty-
Five Thousand Dollars (525.000).
3.
SUPPORT SERVICES.
:~GENCY shall provide support services to
25 CONTRACTOR to assist in providing the services to the Mobile Home Rent Board outlined in
26 Section I of this Agreement. The cost to the AGENCY for-such support services shall be Five-
. 27 Hundred Dollars ($500.00) per month, to be paid in bi-weekly payments ofTwo-Hundred and Fifty
28 Dollars ($250.00).
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RIGHT TO AUDIT.
4.
The AGENCY or any of its duly authorized
representatives shall have access to the books and financial records of CONSULTANT which are
pertinent to the services rendered herein for purposes of performing an audit. The books and
financial records generated by CONSULTANT pertaining to the professional consulting services
rendered herein shall be retained by CONSULTANT for three (3) years following expiration of this
Agreement or for a longer period as required by law. CONSULTANT shall maintain logs during
the term of this Agreement documenting the time expended by CONSULT A:\T to perform the
services required hereunder, which shall be available for inspection upon request of the AGENCY.
5.
TERN!.
Tn<' term of this Agreement will be retroactive from March 15,
1998 and wiI! continue in full force and effect through and including June 30, 1998, uniess
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II; terminated in accordance with Section 14 herein.
6.
PROHIBITION AGAINST SUBCONTRACTING.
It is expressly
understood that the experic!nce, knowledge, capability and reputation of CONSULTANT, was a
Sl!bsta'1tial inducerne:lt to enter into this Acreement. . Therefore, CONSULT A.'\lT shall not contract
wit.~ arJY other indivi:!u3l or entity to perform, in whole or ir, par'" the services requird h'~rellnder
without the prior written approval or'!.1e AGENCY.
7.
INDEPF.l'\DEl'T CONTRACTOR.
CONSUL T.~>.,jT. at ail times while
performing und~r this agreement. is an indcpende!lt contractor, and not an agent or employee of
19 the AGENCY. AGE:\CY is not responsible tor v.ithholding, and shall not withhold, FICA or taxes
20' of any kind from any payments which are owed to CONSULTANT. Neither CONSULTANT nor
.21 her employees shall be entitled to receive any benefits which employees of the AGENCY are
22 i entitled to receive and shall not be entitled to workers' compensation insurance, unemployment
23 compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit
24 sharing, or Social Security on account of their work for the AGENCY. This Agreement does not
25 create the relationship of agent, servant, employee, partnership or joint venture between the
26 AGENCY and CONSULTANT.
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INDEMNIFICA nON.
CONSULTANT agrees and promises to indemnify,
28 defend and hold harmless AGENCY, its officers. ,employees and agents, from and against all
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1 actions, claims, demands, lawsuits, and liability for damages to persons or property that may be
2 asserted or claimed by any person, firm, entity, corporation, political subdivision, or other
3 organizations arising out of or in connection with the performance of this Agreement, but excluding
4 such actions, claims, demands, lawsuits and liability for damages to persons or property arising
5 from the gross negligence or willful misconduct of the AGENCY and/or their officers, employees
6 or agents.
7 AGENCY agrees and promises to indemnify. defend and hold harmless CONSULTANT,
8 her officers. employees and agents, from and against all actions, claims, demands. lawsuits, a.'1d
9 liability for damages to persons or propeny that may be asse:ted or claimed by any person, firm,
lC! entity, corporation, political subdivision, or other organizations arising out of or in connection \\ith
11 the performance of this Agreement, but excluding such actions, ciaims, demands, lawsuits and
12 liability for damages to persons or property arisin8 from the gross negligence or willful misconduct
13 of rhe CONSULT A. \iT andlor her ofticers, employees or ar.m.s.
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9. WORKERS' CQ;\lPENSA nm;. CONf.UL TANT sh~ll furnish and maintain .c.
Workers Compensation Insurance as required by California Law.
10. l'iONDISCIUMINA TION. In the performance of this Agreement and in the
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hiring and rccruitment of employees. CONSULTANT shall not discriminate on the basis of race.
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creed, cob. religion. sex. physical handicap. mental disability, mcdical condition, marital status,
age. ethnic background. ancestry or national origin.
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11.
NOTICE.
Any notice to be given pursuant to this Agreement shall be
21 deposited with the l.:nited States Postal Service, postage prepaid and addressed as follows:
22
TO THE AGENCY:
Director of Development
20 I North "E" Street
San Bernardino, CA 92401
Bonnie Bonfanti
201 North "E" Street, Suite 207
San Bernardino, CA 92401
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TO THE CONSULTANT:
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Nothing in this paragraph shall be construed to prevent the giving of notice by personal
. 27 service or telephonically verified fax transmission which shall be deemed effective upon actual
28 receipt thereof. Either party may change their ~ddress for receipt of written notice by so notifying
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the other party in \\iriting.
12. TERNIINATION.
The AGENCY or CONSULTANT may terminate or
3 suspend the services provided under Section 1 of this Agreement upon forty-eight (48) hours
4 written notice to the other party. In the event of suspension or termination, CONSULTANT shall
5 be paid the reasonable value of services rendered to the date of termination. CONSULTANT
6 further covenants to give her good-faith cooperation in the transfer of the work to the AGENCY
7 or any other consultant designated by the AGENCY follovving such termination or suspension.OO
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B.
RELEASE OF NEWS INFORMATION.
:'Iiews releases. including
9 photographs, public announcements or confirmation of the same related to this Agreement shall
10 I not be made by CONSULTANT.
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ENTIRE AGREE:\-IENT. This Agreement supersedes all negotiations and prior
12 vvTi:ings in respect to the subject maner ht:reof. In the event of conflict between terms. conditions
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or provisions of this Agrcemeat, and any such document O~ instrument, the terms and conditions
of this Agi:eefiient shall pre\-aiL
15. CO~PLIANCE 'nTH LAWS. The parties hereto shall comply with
16! applicable laws of the Ulliit'G Sta:es of A::1crica. the State (}f California. a:!d all other applica:,le
171 laws.
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GO\'ERN'IKG L... W.
ThIs Agreement shal.l be ellfo~ced and interpreted
under the laws of the State ofCalifo!'uia.
17.
ATTORNEY'S FEES.
In a:1Y litigation relating to this Agreement, the
prevailing party shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the
City Attorney a!ld members ofhislher office in enforcing this contract on behalf of the AGENCY
shall be considered "attorney's fees" for the purposes of this paragraph.
18.
SEVERABILITY. lfany portion of this Agreement is held to be invalid by a
court oflaw, such provision shall be considered severable, and the remainder of this Agreement
or any provision hereof shall not be affected.
19. WAIVER. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the righ\ to compel enforcement of the remaining provisions of this
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Agreement.
20. AMENDMENT.
This Agreement may be amended at any time by a written
instrument signed by both parties hereto.
21. ASSIGNMENT.
This Agreement shall not be assigned by CONSULTANT
without the prior written consent of the AGENCY.
22. AUTHORITY.
The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed r
as of the date first \vritten above.
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BER.,"\iARDINO
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J uc!i:h V alles, Chairpe~son
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30l\"NIE BONFANTI. CONSULTANT
! . ~ '
17evVYV,L f:;CY'fzv~~
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Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City Attorney
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By:
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t . ~ 1 -;-.
ency Counsel
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of this day of
, 1998, by and between the REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, a public agency of the State of California (the "AGENCY") and BONNIE
BONFANTI, a consultant providing professional services, (the "CONSULTANT"). In
consideration of the terms and conditions set forth herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES. The AGENCY hereby retains CONSULTANT to
provide, under the direction of the Mobile Home Rent Board Director, i.e., Director of
Development of the Economic Development Agency, or his designee, the following services to the
Mobile Home Rent Board:
8. Respond to all inquiries directed to the Mobile Home Rent Board
and/or any of its programs;
b. Contact all mobile home park managers and any residents groups
in the mobile home parks to advise them of the on-going status of the
Mobile Home Rent Board and any programs being administered through
the Board to provide assurance that the Mayor of the City of San
Bernardino is responsive to the need for this function of the City;
Co Temporarily suspend the Handymanffitle 25 program until such
time the Mayor and Common Council direct otherwise;
d. Maintain a list of names and telephone numbers of individuals
inquiring into the Handymanffitle 25 program and who wish to be
contacted when such program is reinstated;
e. Review and process any pending applications for the rent control
subsidy and take necessary action and work with Agency and/or City staff
to ensure that the rent control subsidy program continues uninterrupted
and within the guidelines and budget limitations under which it previously
operated;
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1 f. Assist as requested with long-range planning for the functions of
2 the Mobile Home Rent Board;
3 g. Keep a record of the proceedings of the Board, which shall be open
4 for inspection by any member of the public;
5 h. Provide Board members with copies of all current federal, state and
6 city, laws, codes, ordinances and regulations referred to in Chapter 8.90
7 of the San Bernardino Municipal Code, if necessary; and
8 i. To the extent possible, develop an administrative organizational
9 structure to the Mobile Home Rent Board and any programs being
10 administered by the same.
11 2. COMPENSATION. AGENCY shall compensate CONSULTANT for services
12 provided pursuant to the Agreement at the rate of Eighty-Five Dollars (85.00) per hour. All direct
13 costs and expenses for those items necessary to provide the services to the Mobile Home Rent
14 Board as set forth in Section 1 of this Agreement shall be advanced by CONSULTANT and shall
15 not exceed $50.00 for each item, with a total not to exceed Three-Hundred Dollars ($300.00) in a
16 thirty (30) day period. AGENCY shall reimburse CONSULTANT for such costs and expenses
17 based upon requisitions submitted to and approved by the AGENCY.
18 CONSULTANT shall submit an invoice to the AGENCY on a monthly basis for payment
19 of consulting services and reimbursable costs and expenses. The AGENCY shall accept or reject
20 such invoices and shall pay CONSULTANT within thirty (30) days of receipt of each invoice as
21 so approved by the AGENCY. Invoices shall be presented in a form acceptable to the AGENCY.
22 Services billed and reimbursed costs and expenses shall not exceed an amount of Twenty-
23 Five Thousand Dollars ($25,000).
24 3. SUPPORT SERVICES. AGENCY shall provide support services to
25 CONTRACTOR to assist in providing the services to the Mobile Home Rent Board outlined in
26 Section 1 of this Agreement. The cost to the AGENCY for such support services shall be Five-
27 Hundred Dollars ($500.00) per month, to be paid in bi-weekly payments ofTwo-Hundred and Fifty
28 Dollars ($250.00).
2
. 1 4. RIGHT TO AUDIT. The AGENCY or any of its duly authorized
2 representatives shall have access to the books and financial records of CONSULTANT which are
3 pertinent to the services rendered herein for purposes of performing an audit. The books and
4 financial records generated by CONSULTANT pertaining to the professional consulting services
5 rendered herein shall be retained by CONSULTANT for three (3) years following expiration of this
6 Agreement or for a longer period as required by law. CONSULTANT shall maintain logs during
7 the term of this Agreement documenting the time expended by CONSULTANT to perform the
8 services required hereunder, which shall be available for inspection upon request of the AGENCY.
9 5. TERM. The term of this Agreement will be retroactive from March 15,
10 1998 and will continue in full force and effect through and including June 30, 1998, unless
II terminated in accordance with Section 14 herein.
12 6. PROHIBITION AGAINST SUBCONTRACTING. It is expressly
13 understood that the experience, knowledge, capability and reputation of CONSULTANT, was a
. 14 substantial inducement to enter into this Agreement. Therefore, CONSULTANT shall not contract
15 with any other individual or entity to perform, in whole or in part, the services required hereunder
16 without the prior written approval of the AGENCY.
17 7. INDEPENDENT CONTRACTOR. CONSULTANT, at all times while
18 performing under this agreement, is an independent contractor, and not an agent or employee of
19 the AGENCY. AGENCY is not responsible for withholding, and shall not withhold, FICA or taxes
20 of any kind from any payments which are owed to CONSULTANT. Neither CONSULTANT nor
21 her employees shall be entitled to receive any benefits which employees of the AGENCY are
22 entitled to receive and shall not be entitled to workers' compensation insurance, unemployment
23 compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit
24 sharing, or Social Security on account of their work for the AGENCY. This Agreement does not
25 create the relationship of agent, servant, employee, partnership or joint venture between the
26 AGENCY and CONSULTANT.
. 27 8. INDEMNIFICATION. CONSULTANT agrees and promises to indemnify,
28 defend and hold harmless AGENCY, its officers, employees and agents, from and against all
3
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e 1 actions, claims, demands, lawsuits, and liability for damages to persons or property that may be
2 asserted or claimed by any person, firm, entity, corporation, political subdivision, or other
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3 organizations arising out of or in connection with the performance of this Agreement, but excluding
4 such actions, claims, demands, lawsuits and liability for damages to persons or property arising
5 from the gross negligence or willful misconduct of the AGENCY and/or their officers, employees
6 or agents.
7 AGENCY agrees and promises to indemnify, defend and hold harmless CONSULTANT,
8 her officers, employees and agents, from and against all actions, claims, demands, lawsuits, and
9 liability for damages to persons or property that may be asserted or claimed by any person, firm,
10 entity, corporation, political subdivision, or other organizations arising out of or in connection with
11 the performance of this Agreement, but excluding such actions, claims, demands, lawsuits and
12 liability for damages to persons or property arising from the gross negligence or willful misconduct
13 of the CONSULTANT and/or her officers, employees or agents.
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9.
WORKERS' COMPENSATION. CONSULTANT shall furnish and maintain
15 Workers Compensation Insurance as required by Califomia Law.
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10.
NONDISCRIMINATION. In the performance of this Agreement and in the
17 hiring and recruitment of employees, CONSULTANT shall not discriminate on the basis of race,
18 creed, color, religion, sex, physical handicap, mental disability, medical condition, marital status,
19 age, ethnic background, ancestry or national origin.
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11.
NOTICE.
Any notice to be given pursuant to this Agreement shall be
21 deposited with the United States Postal Service, postage prepaid and addressed as follows:
22
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TO THE AGENCY:
Director of Development
201 North "E" Street
San Bernardino, CA 92401
Bonnie Bonfanti
20 I North "E" Street, Suite 207
San Bernardino, CA 92401
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
TO THE CONSULTANT:
e 27 service or telephonically verified fax transmission which shall be deemed effective upon actual
28 receipt thereof. Either party may change their address for receipt of written notice by so notifying
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the other party in writing.
12. TERMINATION. The AGENCY or CONSULTANT may terminate or
suspend the services provided under Section 1 of this Agreement upon forty-eight (48) hours
written notice to the other party. In the event of suspension or termination, CONSULTANT shall
be paid the reasonable value of services rendered to the date of termination. CONSULTANT
further covenants to give her good-faith cooperation in the transfer of the work to the AGENCY
or any other consultant designated by the AGENCY following such termination or suspension.OO
13. RELEASE OF NEWS INFORMATION. News releases, including
photographs, public announcements or confirmation of the same related to this Agreement shall
not be made by CONSULTANT.
14. ENTIRE AGREEMENT. This Agreement supersedes all negotiations and prior
writings in respect to the subject matter hereof. In the event of conflict between terms, conditions
or provisions of this Agreement, and any such document or instrument, the terms and conditions
of this Agreement shall prevail.
15. COMPLIANCE WITH LAWS. The parties hereto shall comply with
applicable laws of the United States of America, the State of California, and all other applicable
laws.
16.
GOVERNING LAW.
This Agreement shall be enforced and interpreted
under the laws of the State of California.
17. ATTORNEY'S FEES. In any litigation relating to this Agreement, the
prevailing party shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the
City Attorney and members ofhislher office in enforcing this contract on behalf of the AGENCY
shall be considered "attorney's fees" for the purposes of this paragraph.
18. SEVERABILITY.. Ifany portion of this Agreement is held to be invalid by a
court of law, such provision shall be considered severable, and the remainder of this Agreement
or any provision hereof shall not be affected.
19. W AlVER. Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this
5
. 1 Agreement.
.
.
2
20. AMENDMENT.
This Agreement may be amended at any time by a written
3 instrument signed by both parties hereto.
4
21. ASSIGNMENT.
This Agreement shall not be assigned by CONSULTANT
5 without the prior written consent of the AGENCY.
6
The persons executing this Agreement on behalf of the
22. AUTHORITY.
7 parties hereto warrant that they are du1y authorized to execute this Agreement on behalf of said
8 parties.
9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
10 as of the date first written above.
11
12
13
14
15
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18
19
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Judith Valles, Chairperson
BONNIE BONFANTI, CONSULTANT
~~~
Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City Attorney
22
23
24
25
26
27
28
6
Girl of San Bernardino .
ECONOMIC DEVELOPMENT AGENCY
TImothy C. Stelnhsus
Agency Admini8lratt;r
It.
_____....""...i_....._....;~ ~
..,-_-~-''C'__._.,._.
A.pril 16, 1998
. Deve/cpment ~t
-RedeveIopmfNlt
-community D~ment
-Housing
. San 8emardlr.o Downtown
Main S_. Inc.
. Conwn/Jctr and V"1SiIots
8urNu
. OffIce of Business
Development
Bonnie Bonfanti
123.1 Granville :\ venue. Suite 6
I,os Angeles, California 90025
Rc: Al!:reement Cor ProCessional Service! daeec.l Januarv l...t Q9~.
Dt'Jr ~!s. Bonfanti:
Sy way of this lener. the Economic Dcvdopment A:-;:i,ry r:~.:t'by giw., writte-n notice of its intent
:0 te:-rninate the .-'tgr:::ement for P!Of~si0:lal Services (:'toje'C: C00rdinator) dated Jar.uary 1, 1995
:e:-v;ee:1.Tne LO!1don Group. on bc:half at dl~ ReieveIo.~[."jeltt .:.~,:-~~y of tf.e City OfSal\ Be:nardi~G.
J.~'::: Bonnie B0r:.:m~i.
~:~c(" yf:-. Lo;;don is r..o ionger ~...'1 ag:nt o:~ the R.~dt\'d(1pmen~.'.~\.~.C-t'try 0f th~ Cic~. 07 ~ar~
~~''''''''''''';;nc r l-hai~er-on o:rl.~... ((1.....:'1"'''';,..., De.cl0.......,~r-C~~nll'..f"1f'\0"\ ~1"'1"'!'l oi";"'(1' t;'I'.;: '.ctl'r~'
~"'u h.... ''':'l. . "'.:>> _.. ..1 r-'.::- l 1~... 1:....... ~.......~: v. ~'... ...~. . III..!. .. ........... ~.. =-." ~U; .. _ .1 J .......
of t-ennina~io!":. or. cehalf of ~,.: Rede'-idopme::t .-\gc-rh::;. .-\:~ ~'r,)"\'i.jed in Sec~i,)n 15 or the 3.!~.':"~s..~id
. .....~....~...>n~ .;.,~ er....-~.....,;.,~ da..... .'to -'Ie" -e...,...in"';"'n j- .1-;_, I-II' .....~..-,::,.nnl 'no "a'e "'i~'t;"I'- l~n or
......=.'"".~.I\'- ~. c,... ....'-~...'" ~'" '_ ::to .. '. .~..__...L..... .~, ~4',h'.. :./ \.....:;:, i.u.. .. 1;;."j,(, :.....~ l~) ... 1;.:..
... . I . ..
i.: YO'..l ailve ~"'.y yl!estlcns. p ~Js;e.:o tl(H ncs:tJ.~e to cnr:I.lC: ::-~c,
\':':1'y rrui:;..~~s.
!
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... ,,/
u':"-z.-.."
Entered into Record at '-I I Ir, (j
Council/CmyOevCms Mtg: / ~ C I", 6
I ,
.r ~ijith(V uilFs, ChaiQerson
1..-:: ,-::nm~ni~~' D~\"eiopmem C 0[7"~mlSsicn
Rcdevd"opr:lent .-\gency of [he
C i ry 0 f San Bema:-dino
by
~(.
re AY~1I0d Item
L-L('I.'"Y1
Y'i.5 /
~~.4.~
City Clerk/COC Secy
City of San Bernardino
~l:.f In bt)nI3l'1[,lll'
:!'Jl North E Strife,. SUite 301' San Bemdtclno. CdJIft:rr:id 9Z.lVl.I5C,' (909) J84.SOdl . (8oo) 232.1267' FAA (909) 888-9413
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