HomeMy WebLinkAboutR23 EDAECONOMIC" DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION /COUNCIL ACTION
FROM: Gary Van Osdel SUBJECT: NATIONAL DEVELOPMENT
Development Director COUNCIL - PROFESSIONAL
DATE: December 14, 1998
ORIGINAL SERVICES AGREEMENT
Synopsis of Previous Commission /Council/Committee Action(s):
On November 9, 1998 the Redevelopment Committee recommended that this item be forwarded to the Community
Development Commission for approval.
Recommended Motion(s):
(Community Development Commission)
MOTION: Adopt Resolution.
Contact Person(s): Gary Van Osdel/Ron Winkler Phone: 5081
Project Area(s): City Wide Ward(s): 1 - 7
Supporting Data Attached: El Staff Report ❑ Resolution(s) ❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Ltr/Memo
FUNDING REQUIREMENTS: Amount: $50,000 Source: Community Reinvestment Fund
,+ Budget Authority: Requested
SIGNATURE:
)AN OSDEL
ve Director
Commission /Council Notes:
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REW:lag:12 -07- Ol.cdc COMMISSION MEETING AGENDA
MEETING DATE: 12/21/1998
Agenda Item Number: kA 3
W
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
National Development Council - Professional Services Agreement
Background
The National Development Council (NDC) is the nation's leading not - for - profit corporation
specializing in economic and housing development finance. Initially, organized in 1969 as a
volunteer program, NDC's role in working with cities throughout the nation was established by an
interagency agreement between the U.S. Department of Housing and Urban Development (HUD)
and federal Economic Development Agency (EDA). Since that time, NDC has provided advisory
assistance through contract arrangements to 100 to 125 cities annually.
NDC's professionals work with local government and non - profit officials to create job opportunities
and generate investment in distressed communities. NDC delivers a unique combination of
economic and housing development services to its client communities- including technical assistance,
training and financial services. They are particularly versed in use of federal CDBG, Section 108
and float loans for economic development purposes. The results are new jobs, increased tax base,
business expansions, greater productivity, affordable housing, and dollars for investment into
additional community development projects.
The NDC has provided economic development consultant services to the Agency since 1984. In the
past years, NDC has been instrumental in structuring a CDBG float loan, together with a Section 108
loan for Harris', assisting in Section 108 loans for 40`h Street Shopping Center and the Downtown
Cinema complex, together with securing a Economic Incentive Grant for the 401h Street Center.
More recently, NDC has provided technical assistance in calculating prepayment penalties associated
with retirement of the Harris Section 108 loan. Also, they have helped in negotiating an extension
to both loan and grant for 401h Street Shopping Center.
This year, it is anticipated that NDC will continue to be of assistance in resolving environmental
issues related to the Section 108 Cinema loan. Further, it is proposed they conduct a number of staff
training sessions regarding economic development programming and use of CDBG funds for that
purpose. It should be noted that HUD staff stressed the use of CDBG funds for economic
development in its most recent annual review of our block grant program.
REW:1ag:12- 07- 01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 12/07/1998
Agenda Item Number: LX3
Economic Development Agency Staff Report
NDC Professional Services Agreement
November 17, 1998
Page Number -2-
Current Issue
The NDC contract, which has been renewed annually, was up for renewal on August 1, 1998.
However, due to the extended budget process this year, renewal of the contract was delayed.
Fiscal Impact
Approval of the contract would commit $50,000 in Agency funds this fiscal year.
Recommendations
That the Community Development Commission approve and authorize the Executive Director to
execute an Agreement for Professional Services with the National Development Council for an
amount not to exceed $50,000.
R NALD . WINKLER, Director
Development Department
------------------------------------------------------------------------------------------------------------------
REW:1ag:12- 07- 01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 12/07/1998
Agenda Item Number:
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C(OTT
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE ECONOMIC DEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH THE NATIONAL DEVELOPMENT COUNCIL.
BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Executive Director of the Economic Development Agency is hereby
authorized to execute an Agreement for Professional Services with the National Development
Council, a copy of which is attached hereto and marked as Exhibit "A" and incorporated herein by
reference as fully 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 and return it to the Office of the City Clerk within
sixty (60) days following the effective date.
HTC: ea[ ProfSvcA. Res]
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
--ITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
ECONOMIC DEVELOPMENT WITH THE NATO OR
NATIONAL DEVELOPMENT COUNCIL
PROFESSIONAL SERVICES
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:
AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
MILLER
Secretary
The foregoing Resolution is hereby approved this day of
Approved as to form and
legal content;
By.
Agency Counsel
jJ r:
HTC:ea[ProfSvcA.Res]
1998.
JUDITH VALLES, Chairperson
Community Development Commission
of the City of San Bernardino
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered OF THE CITY OFySAN
between the COMMUNITY DEVELOPM ENT COMMISSION
BERNARDINO, a public agency, hereinafter called "Agency," and THE NATIONAL
DEVELOPMENT COUNCIL, INC., a not - for - profit corporation, organized and existing
under the laws of the State of New York, hereinafter called "Consultant."
RECITAL
1. Purpose
The purpose of this Agreement is to provide on -going professional staff support for
Agency activities in the form of training, program advocacy at all governmental
levels and within the private sector, financial analysis, technical advice and
assistance, and representation at designated meetings concerning Agency
business.
TERMS AND CONDITIONS
2. Mission
Agency hereby retains Consultant in the capacity as Consultant for provision of
services described in Attached 1. Consultant hereby accepts such responsibility as
described herein.
3. Terms
This Agreement shall commence as of the day and year first above shown and shall
remain in full force and effect for a period of twelve (12) months unless sooner
terminated as provided herein.
4. Consultant Responsibilities
Upon the request of the Executive Director or designee, Consultant shall carry out
the scope of services described in Attachment 1.
5. Release of News Information
No news release, including photographs, public announcements or confirmation of
same, of any part of the subject matter of this Agreement or any phase of any
program related to this agreement shall be made without prior written approval of
Agency's Executive Director or designee.
6. Confidentiality of Reports
NDC shall keep confidential all reports, information and data received, prepared
or assembled pursuant to performance hereunder and that Agency designates
as confidential. Such information shall not be made available to any person,
firm, corporation or entity without the prior written consent of Agency.
7. Compensation
During the term of this Agreement, Agency shall pay Consultant, for each work
component the fixed, not to exceed, fee of Fifty thousand dollars ($50,000) which
sum shall constitute full and complete compensation for Contractor's services
hereunder. Such sum shall be paid, subject to receipt of a requisition for
payment from Contractor, at a frequency of Four- Thousand - One - Hundred - Sixty-
Six dollars and 66 cents ($4,166.66) per month payable at the end of each
month.
8. Independent Contractor
Consultant shall perform the services as contained herein as an independent
contractor and shall not be considered as employee of Agency or under Agency
supervision or control. This Agreement is by and between Consultant and
Agency, and is not intended, and shall not be construed to, create the
relationship of agent servant, employee, partnership, joint venture, or
association, between Agency and Consultant.
9. Conflict of Interest
Consultant agrees for the term of this agreement not to enter into any agreement
that will inure to the detriment of the City of San Bernardino or its Economic
Development Agency.
10. Indemnification
Consultant agrees to indemnify, defend (upon request by Agency) and hold
harmless the Agency, its agents, officers and employees from and against any
and all liability, expense including, but not limited to, bodily injury, death,
personal injury pr property damage arising from or connected with Consultant's
operations, or its services hereunder, including any workers' compensation suit,
liability or expense, arising from or connected with the services performed by or
on behalf of Consultant pursuant to this Agreement. 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 as "attorney's fees" for
the purposes of this paragraph.
11. Insurance
Without limiting Consultant's indemnification of Agency, Consultant shall provide
and maintain at its own expense during the term of this Agreement the following
program(s) of insurance covering its operation hereunder. Such insurance shall
be provided by insurer(s) satisfactory to Agency and evidence of such programs
satisfactory to Agency shall be delivered to the Executive Director of the Agency
or his designee within ten (10) days of the effective date of this Agreement.
General Liability: A program including, but not limited to, comprehensive
general liability with a combined single limit of not less than one million
dollars ($1,000,000.00) per occurrence. Such insurance shall be primary
to and not contributing with any other insurance maintained by the
Agency, and shall name the Agency as an additional insured. Such
insurance shall require that Agency be notified at least ten (10) days in
advance of any change or cancellation of said insurance.
12. Successor and Assignment
The services as contained herein are to be rendered by Consultant whose name
is as appears first above written and said Consultant shall not assign or transfer
any interest in this Agreement without the prior written consent of Agency.
13. Compliance with Laws
The parties agree to be bound by applicable federal, state and local laws,
regulations and directives as they pertain to the performance of this Agreement.
14. Severability
In the event that any provision herein contained is held to be invalid, void or
illegal by any court of competent jurisdiction, the same shall be deemed
severable from the remainder of this agreement and shall in no way affect, impair
or invalidate any other provision contained herein. If any such provision shall be
deemed invalid due to its scope or breadth, such provision shall be deemed valid
to the extent of the scope or breadth permitted by law.
15. Interpretation
No provision of this Agreement is to be interpreted for or against either party
because that party or that party's legal representative drafted such provision, and
this Agreement is to be construed as if it were drafted by both parties hereto.
16. Prior Agreements
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the retention of Consultant by
Agency and contains all the covenants and agreements with respect to such
retention.
17. Waiver
No breach of any provision hereof can be waived unless in writing. Waiver of any
one breach of any provision shall not be deemed to be a waiver of any other
breach of the same or any other provision hereof.
18. Termination
This Agreement may be terminated by either party upon thirty (30) days written
notice. In the event of termination, the fee payable to Contractor will be prorated
for the portion of the thirty (30) day period completed; and Agency shall have no
further payment obligation.
19. Notice
Notices, herein shall be presented in person or by certified or registered U.S.
Mail, as follows:
To Consultant: Scott Rodde, Director
National Development Council
1500 3rd Street, Suite C
Napa, CA 94558
To Agency: Executive Director, Development Department
Economic Development Agency of the City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, CA 92401 -1507
Nothing in this paragraph shall be constructed to prevent the giving of notice by
personal service.
20. Entire Agreement
This Agreement with attachments constitutes the entire understanding and
agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
2M
Approved as to form and legal content:
C�
THE NATIONAL DEVELOPMENT
COUNCIL, INC.
MM
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN
BERNARDINO, on behalf of the
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
go
Agency Counsel
Y�
Attachment 1
SCOPE OF SERVICES
The duties and responsibilities of the Consultant shall include but not be limited to the
following:
1. Provide assistance to promote industrial development.
2. Provide assistance with Agency projects as directed.
3. Assist in the provision of community development float financing.
4. Assist in the securing of Small Business Administration Section 504 and 7(a)
financing.
5. Assist in the provision of HUD 108 financing.
6. Provide technical support, financially analyze and /or package Small Business
Revolving Loan Program proposals as periodically referred by staff.
7. Provide technical assistance and advocacy in Agency efforts to seek awards of a
governmental monies and approval of various programs.
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C I T Y O F
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s an bernardino
�GNDED IN ,0�0
R A C H E L C L A R K
C I T Y C L E R K
December 28, 1998
Scott Rodde, Director
National Development Council
15003 d Street, Suite C
Napa, CA 94558
Dear Mr. Rodde:
At the Mayor and Common Council meeting of December 21, 1998, the City of San
Bernardino adopted Resolutions 5561 approving an agreement with the National
Development Council.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box
1318, San Bernardino, CA, 92418 as soon as possible. Please retain a copy of the
executed contract for your files.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller
Senior Secretary
Enclosures
P. O. B O X 1 3 1 8, S A N B E R N A R D i N 0, C A 9 2 4 0 2
3 0 0 N O R T H D' S T R E E T S A N 8 E R N A R D I N 0,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4- 5 1 5 8
T D D/ T T Y -( 9 0 9) 3 8 4- 5 5 4 0
5561
AGREEMENT FOR PROFESSIONAL SERVICES
c / � -
THIS AGREEMENT is made and entered into this 1st day of August 1998, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, a public agency, hereinafter called "Agency," and THE NATIONAL
DEVELOPMENT COUNCIL, INC., a not - for - profit corporation, organized and existing
under the laws of the State of New York, hereinafter called "Consultant."
RECITAL
1. Purpose
The purpose of this Agreement is to provide on -going professional staff support for
Agency activities in the form of training, program advocacy at all governmental
levels and within the private sector, financial analysis, technical advice and
assistance, and representation at designated meetings concerning Agency
business.
TERMS AND CONDITIONS
2. Mission
Agency hereby retains Consultant in the capacity as Consultant for provision of
services described in Attached 1. Consultant hereby accepts such responsibility as
described herein.
3. Terms
This Agreement shall commence as of the day and year first above shown and shall
remain in full force and effect for a period of twelve (12) months unless sooner
terminated as provided herein.
4. Consultant Responsibilities
Upon the request of the Executive Director or designee, Consultant shall carry out
the scope of services described in Attachment 1.
5. Release of News Information
No news release, including photographs, public announcements or confirmation of
same, of any part of the subject matter of this Agreement or any phase of any
program related to this agreement shall be made without prior written approval of
Agency's Executive Director or designee.
5561
6. Confidentiality of Reports
NDC shall keep confidential all reports, information and data received, prepared
or assembled pursuant to performance hereunder and that Agency designates
as confidential. Such information shall not be made available to any person,
firm, corporation or entity without the prior written consent of Agency.
7. Compensation
During the term of this Agreement, Agency shall pay Consultant, for each work
component the fixed, not to exceed, fee of Fifty thousand dollars ($50,000) which
sum shall constitute full and complete compensation for Contractor's services
hereunder. Such sum shall be paid, subject to receipt of a requisition for
payment from Contractor, at a frequency of Four- Thousand - One - Hundred - Sixty-
Six dollars and 66 cents ($4,166.66) per month payable at the end of each
month.
8. Independent Contractor
Consultant shall perform the services as contained herein as an independent
contractor and shall not be considered as employee of Agency or under Agency
supervision or control. This Agreement is by and between Consultant and
Agency, and is not intended, and shall not be construed to, create the
relationship of agent servant, employee, partnership, joint venture, or
association, between Agency and Consultant.
9. Conflict of Interest
Consultant agrees for the term of this agreement not to enter into any agreement
that will inure to the detriment of the City of San Bernardino or its Economic
Development Agency.
10. Indemnification
Consultant agrees to indemnify, defend (upon request by Agency) and hold
harmless the Agency, its agents, officers and employees from and against any
and all liability, expense including, but not limited to, bodily injury, death,
personal injury pr property damage arising from or connected with Consultant's
operations, or its services hereunder, including any workers' compensation suit,
liability or expense, arising from or connected with the services performed by or
on behalf of Consultant pursuant to this Agreement. 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 as "attorney's fees" for
the purposes of this paragraph.
5561
11. Insurance
Without limiting Consultant's indemnification of Agency, Consultant shall provide
and maintain at its own expense during the term of this Agreement the following
program(s) of insurance covering its operation hereunder. Such insurance shall
be provided by insurer(s) satisfactory to Agency and evidence of such programs
satisfactory to Agency shall be delivered to the Executive Director of the Agency
or his designee within ten (10) days of the effective date of this Agreement.
General Liability: A program including, but not limited to, comprehensive
general liability with a combined single limit of not less than one million
dollars ($1,000,000.00) per occurrence. Such insurance shall be primary
to and not contributing with any other insurance maintained by the
Agency, and shall name the Agency as an additional insured. Such
insurance shall require that Agency be notified at least ten (10) days in
advance of any change or cancellation of said insurance.
12. Successor and Assignment
The services as contained herein are to be rendered by Consultant whose name
is as appears first above written and said Consultant shall not assign or transfer
any interest in this Agreement without the prior written consent of Agency.
13. Compliance with Laws
The parties agree to be bound by applicable federal, state and local laws,
regulations and directives as they pertain to the performance of this Agreement.
14. Severability
In the event that any provision herein contained is held to be invalid, void or
illegal by any court of competent jurisdiction, the same shall be deemed
severable from the remainder of this agreement and shall in no way affect, impair
or invalidate any other provision contained herein. If any such provision shall be
deemed invalid due to its scope or breadth, such provision shall be deemed valid
to the extent of the scope or breadth permitted by law.
15. Interpretation
No provision of this Agreement is to be interpreted for or against either party
because that party or that party's legal representative drafted such provision, and
this Agreement is to be construed as if it were drafted by both parties hereto.
5561
16. Prior Agreements
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the retention of Consultant by
Agency and contains all the covenants and agreements with respect to such
retention.
17. Waiver
No breach of any provision hereof can be waived unless in writing. Waiver of any
one breach of any - provision shall not be deemed to be a waiver of any other
breach of the same or any other provision hereof.
18. Termination
This Agreement may be terminated by either party upon thirty (30) days written
notice. In the event of termination, the fee payable to Contractor will be prorated
for the portion of the thirty (30) day period completed; and Agency shall have no
further payment obligation.
19. Notice
Notices, herein shall be presented in person or by certified or registered U.S.
Mail, as follows:
To Consultant: Scott Rodde, Director
National Development Council
1500 3rd Street, Suite C
Napa, CA 94558
To Agency: Executive Director, Development Department
Economic Development Agency of the City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, CA 92401 -1507
Nothing in this paragraph shall be constructed to prevent the giving of notice by
personal service.
5561
20. Entire Agreement
This Agreement with attachments constitutes the entire understanding and
agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
THE NATIONAL DEVELOPMENT
COUNCIL, INC.
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN
BERNARDINO, on behalf of the
REDEVELOPMENT AGENCY OF THE
CIS
Approved qs to form and legal content:
By:
Agency Counsel
5561
SCOPE OF SERVICES
Attachment 1
The duties and responsibilities of the Consultant shall include but not be limited to the
following:
1. Provide assistance to promote industrial development.
2. Provide assistance with Agency projects as directed.
3. Assist in the provision of community development float financing.
4. Assist in the securing of Small Business Administration Section 504 and 7(a)
financing.
5. Assist in the provision of HUD 108 financing.
6. Provide technical support, financially analyze and /or package Small Business
Revolving Loan Program proposals as periodically referred by staff.
7. Provide technical assistance and advocacy in Agency efforts to seek awards of a
governmental monies and approval of various programs.
1 r
,a
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an becf, '19 -7 P? :13
R A C H E L C L A R K
C I T Y C L E R K
December 28, 1998
Scott Rodde, Director
National Development Council
1500 P Street, Suite C
Napa, CA 94558
Dear Mr. Rodde:
At the Mayor and Common Council meeting of December 21, 1998, the City of San
Bernardino adopted Resolutions 5561 approving an agreement with the National
Development Council.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.O. Box
1318, San Bernardino, CA, 92418 as soon as possible. Please retain a copy of the
executed contract for your files.
If you have any questions, please do not hesita to contact meat (909) 384 -5002.
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller
Senior Secretary
Enclosures
P. O. 0 0 X 1 3 1 8, S A N B E R N A R D I N O, C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N R E R N A R D I N O.
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X( 9 0 9) 3 8 4- 5 1 5 8
T D D/ T T Y ( 9 0 9) 3 8 4- 5 5 4 0