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HomeMy WebLinkAbout1998-069 4 .J . RESOLUTION NO. 98-69 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOD) WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FOR PURCHASE OF AN ALL WHEEL STEER AERIAL LADDER TRUCK 4 5 6 7 WHEREAS, the Fire Department has need for a new Aerial Ladder Truck; and WHEREAS, the Pierce Manufacturing Company is the only manufacturer of the All Wheel Steer Aerial Ladder Truck in the United States, and that the All Wheel Steer Aerial 8 9 10 Ladder Truck has been found to be the most desirable and economical replacement Aerial Ladder Truck for use by the Fire Department. Additionally, the All Wheel Steer Aerial Ladder Truck meets the maneuverability and aerial ladder strength needs ofthe Fire Department; and WHEREAS, the City is permitted to purchase a replacement Aerial Ladder Truck from 11 12 13 14 Pierce Manufacturing Company in accordance with selected source purchasing procedures; and 15 WHEREAS, use offederal Community Development Block Grant (CDBG) funds for purchase or lease of fire equipment is permitted under federal regulations; and WHERAS, necessary environmental reviews for use of CDBG funds are complete; and WHEREAS, the attached MOU between the City and the Economic Development Agency (EDA) provides for purchase or lease of an All Wheel Steer Aerial Ladder Truck from Pierce Manufacturing Company and authorize the Agency to issue a purchase order to the Company on behalf ofthe City; and WHEREAS, the attached MOU between the City and EDA further provides for the purchase or lease of fire engine and related equipment through a competitive process. NOW, THEREFORE, be it resolved that the Common Council of the City of San 16 17 18 19 20 21 22 23 24 25 Bernardino approves the attached MOU and authorizes its execution by the Mayor. 26 IIII IIII IIII IIII 27 28 -1- . 8'-69 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FOR PURCHASE OF AN ALL WHEEL STEER AERIAL LADDER TRUCK 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a joint regular 7 meeting thereof, held on the 16th , 1998, by the day of February 8 following vote, to wit: 9 10 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x 11 12 13 14 15 16 r;J 'c' /., ..!d-j-?<-cA:J--<,,-L,,/t,;TC. City\aerk The foregoing resolution is hereby approved this ItB day of February, 1998. 17 18 19 20 --&c /t:5J11 ~ 'Tom Minor, Mayor City of San Bernardino 21 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN City Attorney 25 26 By: 27 28 -2- 98-69 DEVELOPMENT DEPARTMENT CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects TillS MEMORANDUM OF UNDERSTANDING, hereinafter "MOU", is entered into effective as of July 11997, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Agency Administrator, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and Fire Department, a department or division of the City of San Bernardino, referred to as "Recipient" . ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1997/1998. from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program,. Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of "Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for Fire Enldne Lease, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. c. "Recipient" further agrees and assures that, prior to the expenditure offunds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24. CFR. Part 58. will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. :\JO:Q~W8..03.n1SC Page -1- ," .98-69. f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (ORA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcelofland. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines ofURA 49 CFR, Part 24, as anrended. 2. Payments. "Administrator" shall pay to the "Recipient" the total SUfi] of One Hundred Twentv Nine Thousand. Ei2ht Hundred Twentv- Three 00/100 DOLLARS ($129,823) annually, for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the Fire Department. 3. Term. This MOU shall commence July I, 1997 and terminate on June 30, 2007. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained. it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized ",ithin the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the" Administrator" to meet commitments made for services provided during the period of this MOU. but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitorin2 and Reportin2 Pro2ram Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex. marital status, or physical handicap. "Recipient" shall comply with ~JO:Q2.98-0.5.msc Page -2- 98-69 . Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often ifrequested by "Administrator", in accordance with CDBO regulations 24 CPR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Emplovment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 874), as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of $1 0,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailine Waee Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), as supplemented by Department of Labor Regulations (29 CFR). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Aecncv of any Chal'l!cs. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. :\jtHI'2_9l'l..O's./l1S<: Page -3- ... '3R-69 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" and "Recipient" may terminate this MOU in whole or in part provided that both parties agree that the continuation of the progran3/project would not produce beneficial results commensurate with the further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII NJO:02-98.().5.mac Page -4- 98-"69 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOD. RECIPIENT ~~!r -'IF Date ADMINISTRATOR ~{L~ Development Department 3- ;)- % Date ;';JO:02.~.mlC Page -5- 98-69 EXHIBIT "A" SCOPE OF SERVICES ., '.::::',.:.:":-:-<'.,',.::'<':"":,',:.co::',,',','.;. :-0, ',:',-:, SCOPE OF Si1:lLVlCES " '" ~-ri SCOPE OF SERVICES 1. Funds will be used to pay the annual lease/purchase cost for an All Wheel Steer Aerial Ladder Truck and related equipment, to Pierce Manufacturing Company on behalf of the City for a ten year period (until June 30, 2007). Pierce Manufacturing Company has been selected on a sole source basis because this company is the only supplier ofthe selected and most maneuverable ladder truck apparatus. 2. Funds will also be used to pay the annual lease/purchase cost for a fire engine, and related equipment, on behalf of the City for a ten year period (until June 30, 2007). The engine will be obtained through a competitive bid process. 3. The Economic Development Agency shall initiate vehicle lease/purchase by issuing a purchase order for the vehicle on behalf of the City. 4. The annual payments shall be made from funding received from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program only. Should these funds not be available, the City shall be responsible for any outstanding payment due on the lease( s) executed for the fire apparatus, and related equipment, noted in paragraphs 1 and 2, noted above. 5. Each annual payment(s) shall not exceed $129,823 for the ten year period. NjO:02-98..Q.5,msc Page -6- . 98-69 " EXHIBIT B PROGRAM BUDGET PROJECT BUDGET CITY CDBG OTHER TOTAL PER CATEGORY Capital Improvements $129,823 TOTAL $129,823 ="JO:O~-9II-05.snsc Page -7-