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HomeMy WebLinkAbout1996-102 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II I 2' 96-102 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE AUTHORITY FOR THE HANDICAPPED, 3 4 5 6 7 Be it resolved by the Mayor and Common Council of the City of San Bernardino as follows: SECTION I (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an amendment to the agreement for Community Development Block Grant funding with the County of San Bernardino and the Authority for the Handicapped, which amendment is attached hereto as Exhibit "1 ", and is incorporated herein by reference as though fully set forth at length, The Amendment provides for the granting of Community Development Block Grant funds in the amount of Ten Thousand Dollars ($10,000), SECTION II (a) The authorization to execute the above referenced amendment is rescinded if the parties to the agreement shall fail to execute it within sixty (60) days of the passage of the Resolution, 1111 IIII IIII IIII IIII IIII RES 96-102 10 11 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 28 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE AUTHORITY FOR THE HANDICAPPED, 3 41 I , "I ,) 6 7 I I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 15th day of April, 1996, by the following vote, to wit: 8 9 Commission Members Aves Nays NEGRETE x CURLIN x ARIAS OBERHELMAN x DEVLIN x ANDERSON x MILLER Abstain Absent x x 1996, ~~ ~,^Ie- CIT LERK The foregoing resolution is hereby approved this /6iJ.. day of April ~~~ Tom Minor, Chairman Community Development Commission of the City of San Bernardino Approved as to form and legal content: JAMES F, PENMAN City Attorney ~~tJ RES 96-102 t FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED (AGREEMENT NO, 93-212) This First Amendment to Agreement No, 93-212, hereinafter referred to as "AMENDMENT", is made and entered into this day of . 1996 by and between the County of San Bernardino, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Authority for the Handicapped, hereinafter referred to as "AUTHORITY", WIlNESSETH WHEREAS, COUNTY, CITY and AUTHORITY have previously entered into Agreement #93-212, hereinafter referred to as "AGREEMENT", for the construction of a Community Development Block Grant (CDBG) funded annex at the Center for Individuals with Disabilities (CID) located at 8088 Palm Lane, San Bernardino, California; and, WHEREAS, COUNTY has approved CDBG funding in the amount of ten thousand dollars ($10,000), and CITY has approved CDBG funding in the amount of ten thousand dollars ($10,000), for the roof reconstruction at the CID facility; and, WHEREAS, COUNTY, CITY and AUTHORITY desire to amend AGREEMENT to include the additional improvements, NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: \, Add to Section 2 SCOPE OF PROJECT, A second phase of the project, hereinafter referred to as "PHASE II", shall provide for the rehabilitation of the roof at the CID facility located at 24424 Monterey Avenue, San Bernardino, California, All conditions, terms and responsibilities of AGREEMENT that apply to SCOPE OF PROJECT shall also apply to PHASE II unless otherwise specified in AMENDMENT. 2, Add to Section 4 FUNDING, COUNTY shall provide additional CDBG funds in an amount not to exceed ten thousand dollars ($10,000) and CITY shall provide additional CDBG funds in an amount not to exceed ten thousand dollars ($10,000) for PHASE II, RES 96-102 , 3, Replace Section 6 with MAINTENANCE AND OPERATION, MAINTENANCE AND OPERATION AUTHORITY shall have sole responsibility for the maintenance and operation of ADDITION and PHASE II at the sole expense of AUTHORITY for a period of twenty (20) years beginning upon the date of completion of PHASE II, COUNTY shall notify AUTHORITY in writing of said date of completion of PHASE II. ADDITION will be used as confidential counseling offices, and PHASE II shall be maintained and operated at all times for the purpose of a senior nutrition center as identified in AGREEMENT, Section 2, SCOPE OF SERVICES, and in accordance with the terms of AMENDMENT as well as federal, state and local laws, regulations and safety standards, 4, Replace Section 10 with HOLD HARMLESS, HOLD HARMLESS AUTHORITY agrees to indemnify, defend and hold harmless COUNTY, CITY and their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from AUTHORITY acts, errors or omissions and for any costs or expenses incurred by COUNTY and CITY on account of any claim therefore, except where such indemnification is prohibited by law, AUTHORITY shall promptly notify COUNTY and CITY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability, AUTHORITY shall indemnify and hold harmless COUNTY and CITY against any liability, claims, losses, demands, and actions incurred by COUNTY and CITY as a result of the determination by HUD or its successor that activities undertaken by AUTHORITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to AUTHORITY under AGREEMENT were improperly expended, 5, Replace Section II with INSURANCE REQUIREMENTS, INSURANCE REOUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, AUTHORITY shall secure and maintain throughout AGREEMENT the following types of insurance with limits as shown: Workers' Compensation - A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of AUTHORITY and all risks to such persons under AGREEMENT, Comorehensive General and Automobile Liabilitv Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles, The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000), Errors and Omissions Liabilitv Insurance - Combined single limits of$I,OOO,OOO for bodily injury and property damage and $ 3,000,000 in the aggregate or RES 96-102 , Professional Liability - Professional liability insurance with limits of at least $ I ,000,000 per claim or occurrence, Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, AUTHORlTY shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors, Policies Primary and Non-Contributorv - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY, Proof of Coverage - AUTHORlTY shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to ECD, and AUTHORlTY shall maintain such insurance from the time AUTHORlTY commences performance of services hereunder until the completion of such services, Within sixty (60) days of the commencement of this Agreement, AUTHORlTY shall furnish certified copies of the policies and all endorsements, AUTHORlTY shall complete and submit AGREEMENT Exhibit 1 of I, Insurance Inventory, along with the above required insurance documents, 6, Replace Section 12 with INSURANCE REVIEW. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY, The COUNTY's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's risk, Any such reduction or waiver for the entire term of AGREEMENT and any change requiring additional types of insurance coverage or higher coverage limits must be made by another amendment to AGREEMENT, AUTHORlTY agrees to execute any such amendment within thirty (30) days of receipt. RES 96-102 , 7, Replace Section 24 with NOTICES, NOTICES All notices shall be served in writing, The notices shall be sent by certified mail to the following addresses: COUNTY County of San Bernardino Department of Economic and Community Development 290 North "D" Street, Ste, 600 San Bernardino, CA 92415-0040 AUTHORITY Authority for the Handicapped 8088 Palm Lane San Bernardino, CA 92410 CITY City of San Bernardino Development Department 20 I N, "E" Street, 3rd Floor San Bernardino, CA 92401-1507 All other provisions and terms of AGREEMENT shall remain the same and are hereby incorporated by reference, I RES 96-102 IN WIlNESS WHEREOF, the parties have caused AMENDMENT to be executed as of the day and year , : written above, \JNTY OF SAN BERNARDINO Chairman, Board of Supervisors ed: ,NED AND CERTIFIED THAT A COPY OF IS DOCUMENT HAS BEEN DELIVERED TO E CHAIRMAN OF THE BOARD EARLENE SPROAT Clerk of the Board of Supervisors of the County of San Bernardino Deputy ed: "ROVED AS TO LEGAL FORM ALAN MARKS County Counsel Deputy County Counsel ,ed: ,Si95AUTHQR.AMD 'lsrrCRibjj iiTCRibjj CITY OF SAN BERNARDINO --2A ~ /, By: / r:-fJ1'1 t~fLC'\ , Dated: if/It /16 AUTHORITY FOR THE HANDICAPPED By: Dated: