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HomeMy WebLinkAbout1993-057 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 93-57 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A 3 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE 4 AUTHORITY FOR THE HANDICAPPED 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with County of San Bernardino and the Authority for the Handicapped, which agreement is attached hereto as Exhibit" l" , and is incorporated herein by referenced as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the following amount of $l25,000. SECTION 2. (a) The Authorizations to execute the above referenced agreement is rescinded if the parties to the agreement shall fail to execute it wi thin sixty ( 60) days of the passage of this Resolution. III III III III III III III 1 RES 93-57 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY, THE COUNTY OF SAN 2 BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San Bernardino at a TPqnl;:lT meeting thereof, held on the Rn day of March , 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA y REILLY y HERNANDEZ y MAUDSLEY v MINOR x POPE-LUDLAM x MILLER x J2~~ City Clerk ~ day The foregoing resolution is hereby approve Of~~,,( ~ . 1993. Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:~ ./ 0291e 2 , , ~"'_"''> ~6;;;;' '~\\'lllllfe .......~t~...... -~ ~- ~ ..::::-- ,.~ ~..... /1f'/lil\\\"i' E New Vendor Code Dept. Contract Number M Change SC A X Cancel ECD County Department Dept. Orgo. Contractor's License No. Economic and Community Development ECD EGD County Department Contract Representative Ph. Ext. Amount of Contract TIl0MAS R LAURIN 4594 S 2SO,OOO Fund I Dept'.1 Organization I Appr. I Obj/Rev Source Activity I GRC/P:S Number SBA ECD PROJ 200 2005 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name DO NOT KNCUIlIlER - OFFICE OF SPECIAL DISTRICTS PROJECT - - - - North Norton" - - - - C.I.D. Annex - - (#218-17507) - - FOR COUNTY USE ONL Y County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR Authority for the Handicapped Birth Date N/A Federal ID No. or Social Security No. 95-6303015 Contractor's Representative Mr. Errol Mackzum, Chairman of the Board Address 8088 Palm Lane. San Bernardino. CA 92410 Phone 909-384-5426 Nature of Contract: (Briefly describe the general terms of the contract) This contract between the County of San Bernardino, the City of San Bernardino and the Authority for the Handicapped, provides $ 250,000 for the design and construction of an approximately 2,000 square foot annex at the existing Center for Individuals with Disabilities (C.LD.) building. $ 125.000 will be from County Community Development Block Grant (CDBG) funds and $ 125.000 from the City of San Bernardino. The annex will include ten (10) offices, two (2) storage rooms, restrooms that meet A.D.A. handicapped accessibility regulations, and a small meeting room. The Authority for the Handicapped shall maintain and operate the annex. This contract shall be effective for a period of twenty (20) years. The County of San Bernardino Office of Special Districts will provide construction management services for this project. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Reviewed as to Affirmative Action Reviewed for Processing ~ County sel Date DEG ~ ~ Agency Administrator/CAD Date Date 02-12294-000 Rev. 11190 RES 93-57 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERATION AGREEMENT WITH AUTHORITY FOR THE HANDICAPPED AND THE CITY OF SAN BERNARDINO This Agreement is made and entered into this day of 19 by and between San Bernardino County, 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. WHEREAS, COUNTY has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute the COUNTY'S Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, the San Bernardino County Department of Economic and Community Development hereinafter referred to as "ECD" , is authorized to act on behalf of the County in administering the County's CDBG program; and, WHEREAS, COUNTY, AUTHORITY and CITY recognize the public benefit in providing additional office space and counseling area for the existing Center for Individuals with Disabilities facility, hereinafter referred to as "GID"; and, WHEREAS, AUTHORITY is responsible for the maintenance and operation of CID; and, WHEREAS, the COUNTY has allocated one hundred twenty five thousand dollars ($l25,OOO) of CDBG funds for the design and construction of a 2,000 square feet addition to CID, hereinafter referred to as "ADDITION"; and, WHEREAS, CITY has authorized funding in the amount of one hundred twenty five thousand dollars ($125,000), for the construction of ADDITION; and, WHEREAS, COUNTY, AUTHORITY and CITY desire to have COUNTY manage and direct the construction of ADDITION. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the pa!ties agree as follows: 1. PURPOSE OF AGREEMENT This Agreement is made for the purpose of identifying the parties responsible for the construction, maintenance and operation of ADDITION to CID, located at 8088 Palm Lane, San Bernardino, CA. 2. SCOPE OF PROJECT COUNTY shall have the lead authority in the construction of ADDITION. a 2.000 square feet structure which includes ten offices at approximately 1,000 square feet, two handicapped accessible bathrooms, a small meeting room and two six foot by twelve foot storage rooms. ADDITION shall be used by AUTHORITY for the purpose of providing training and counseling to handicapped persons. 1 RES 93-57 . Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Agreement. 3. TIME OF PERFORMANCE This Agreement shall be effective beginning on the date COUNTY files a Notice of Completion for ADDITION and shall continue for not less than twenty (20) years following the date of completion of ADDITION. COUNTY shall notify AUTHORITY in writing of said date of Notice of Completion of ADDITION. 4. FUNDING COUNTY shall provide Community Development Block Grant (CDBG) funds in an amount not to exceed one hundred twenty five thousand dollars ($125,000) for the purpose of constructing ADDITION. CITY shall also provide Community Development Block Grant (CDBG) funds in the amount of one hundred twenty five thousand dollars ($125,000). AUTHORITY shall be responsible for any additional funds required to complete the construction of FACILITY. Within ten (10) working days upon written demand by COUNTY, CITY shall pay to COUNTY one hundred percent (100%) of the project cost listed in said demand. Appropriate invoiced documentation shall be included in the written demand. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY and AUTHORITY agree to utilize the COUNTY Office of Special Districts, hereinafter referred to as "OSD" , to provide construction management services necessary for the construction of ADDITION in a manner convenient and acceptable to AUTHORITY. OSD construction management services shall be included as part of ADDITION. CITY will receive original signature certified payrolls and employee interviews during construction of ADDITION. 6. MAINTENANCE AND OPERATION AUTHORITY shall have sole responsibility for the maintenance and operation of ADDITION at the sole expense of AUTHORITY for the term of this agreement, a period of not less than twenty (20) years. ADDITION shall be maintained and operated at all times for the purpose of providing counseling and training to handicapped persons as identified in Section 2, Scope of Project. and in accordance with Federal, State and Local laws, regulations and safety standards. 7. ON-SITE INSPECTION COUNTY. its officers, agents, employees, persons under contract with COUNTY and representatives of HUD, will have the privilege and right to on-site inspection of the ADDITION for the duration of this Agreement. AUTHORITY will ensure that its employees or agents furnish any information. that in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions, HOD directives. or the effectiveness. legality, and achievements of the program. 8. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE AUTHORITY shall make every effort to ensure that all projects funded wholly or in part by HUD CDBG funds shall provide equal employment and career 2 RES 93-57 advancement opportunities for minorities and women. In addition, AUTHORITY shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly as a result of this Agreement. San Bernardino County has a goal of l5 percent (15%) minority business enterprise (MBE) and 5 percent (5%) women business enterprise (WBE) participation for all Agreements. AUTHORITY agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. AUTHORITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Agreements Code 2000 and the San Bernardino County M/WBE Policy No. II-IS, and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. Information on these rules and regulations may be obtained from the Contract Compliance Officer of the County of San Bernardino at (909) 387-2628. 9. COMPLIANCE WITH LAWS All parties agree to be bound by applicable Federal, State and local laws, ordinances, regulations and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 10. HOLD HARMLESS AUTHORITY shall indemnify and hold the COUNTY and CITY, their officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from activities of AUTHORITY, its officers, agents, volunteers and employees; and AUTHORITY shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY and CITY, their officers. agents, and employees, on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from activities of AUTHORITY, its officers, agents, and employees. AUTHORITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement and shall assume any And all responsibilities for loss or damage resulting from negligence, injury. illness, or disease arising out of the provision of services. AUTHORITY, however, is obligated to promptly notify COUNTY and CITY in writing of the occurrence of any such loss or damage. AUTHORITY shall indemnify and hold harmless COUNTY and CITY against any liability, claims. losses, demands, and actions incurred by COUNTY or CITY as a result of a determination by the United States Department of Housing and Urban Development or its successor or any other applicable agency of the Federal government that activities undertaken by or under the direction and control of AUTHORITY pursuant to AUTHORITY's request or on behalf of 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 this Agreement were improperly expended. 3 RES 93-57 11. INSURANCE REOUIREMENTS In order to accomplish the indemnification provided in Section 10 (above), but without limiting the indemnification, AUTHORITY shall secure and maintain throughout the term of this Agreement the following types of insurance issued by companies acceptable to the COUNTY Risk Manager with limits as shown: Workers' CornDensation - 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 this Agreement. Comprehensive 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 one million dollars ($1,000,000) for bodily injury and property damage; or, Professional Liabilitv - Professional liability insurance with limits of at least one million dollars ($l,OOO,OOO) per claim and in the aggregate. Additional Named Insured - All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements naming COUNTY, CITY and their employees, agents, volunteers. and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage COUNTY and CITY shall be named as designated persons referencing this Agreement's Number on the policy. Waiver of Subro~ation Rights - AUTHORITY shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, CITY their officers, volunteers, employees. contractors and subcontractors. Policies Primarv and Non-Contributorv - Al1..policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY or CITY. Proof of Coverage - AUTHORITY shall immediately furnish certificates of insurance to ECD and CITY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY and CITY. Within sixty (60) days of the commencement of this Agreement AUTHORITY shall furnish certified copies of the policies and endorsements. AUTHORITY shall complete and submit Agreement Exhibit 1 of I, Insurance Inventory, along with the above required insurance documents. 4 RES 93-57 12. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. 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 or CITY. 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 or CITY, inflation, or any other item reasonably related to COUNTY's or CITY's risk. Any such reduction or waiver for the entire term of this Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. AUTHORITY agrees to execute any such amendment within thirty (30) days of receipt. 13. ADDITIONAL INSURANCE REOUIREMENTS AUTHORITY shall, at its sole expense, obtain and deliver to COUNTY and CITY for their approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, AUTHORITY shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by AUTHORITY at its sole expense for the term of this Agreement. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY and CITY. AUTHORITY shall inform COUNTY and CITY in writing of any change. expiration or renewal of said insurance within thirty (30) days of the effective date of change. 14. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES AUTHORITY agrees that it will not perform or permit any religious proselytizing or political activities in connect~on with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities. FACILITY, however, may be used on an incidental basis to hold political meetings. candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 15. DISCRIMINATION No person shall, on the grounds of race. sex, creed, color, religion, or national origin, be excluded from participating in. be refused the benefits 5 RES 9J,-57 of, or otherwise be subjected to discrimination in any activities, programs, or employment by AUTHORITY. l6. ASSIGNMENT AND SUBLETTING AUTHORITY shall not assign, subordinate, or sue for financing, this Agreement or any interest therein, unless COUNTY and CITY have previously given their written consent. Provided, however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Agreement. If AUTHORITY attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Agreement or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by AUTHORITY, or if AUTHORITY is adjudged bankrupt or insolvent by any court or upon AUTHORITY's making an assignment for the benefit of creditors, COUNTY and CITY may, at their option, forthwith terminate this Agreement upon written notice thereof to AUTHORITY, and thereupon, no one but COUNTY shall have any further rights hereunder. 17. HYPOTHECATION OF REAL PROPERTY During the term of this Agreement, neither AUTHORITY, nor its successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Agreement, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY and CITY. Notwithstanding Section 18, Violation of Agreement, and any other provisions herein, AUTHORITY shall reimburse COUNTY and CITY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should AUTHORITY sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Agreement. 18. VIOLATION OF AGREEMENT In the event that AUTHORITY violates any of the terms and conditions of this Agreement, COUNTY or CITY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice. AUTHORITY has not corrected the violation or shown acceptable cause, COUNTY and CITY has the right to terminate this Agreement. It is agreed that in the event of a termination due to a violation of this Agreement by AUTHORITY, AUTHORITY shall pay each to COUNTY and CITY within ten (10) days of receipt of Notice of Termination, the sum of one hundred twenty five thousand dollars ($125,000). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate agreements with COUNTY and CITY for ADDITION shall be in addition to that contained herein. Such termination shall not excuse AUTHORITY from reimbursement provisions in Section 17, Hypothecation of Real Property. 6 RES 93-57 19. TERMINATION BY COUNTY OR CITY Notwithstanding Section 18, Violation of Agreement, COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD Community Development Block Grant funding of the Agreement activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. Prior to the award of any construction contract as provided for in Section 5, Construction Management, CITY may request COUNTY in writing to terminate this Agreement, however, CITY shall be responsible for all costs associated with said construction contract. 20. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under this Agreement must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Agreement as set forth in 24 CFR 470, or such longer period of time as determined by COUNTY and CITY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY and CITY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 21. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Agreement of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by the parties. 22. INVALID CONDITIONS If anyone or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, prov1s1ons, sections, promises, covenants and conditions of the Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted bylaw. 23. BINDING INTEREST This Agreement shall be binding on the parties. successors in interest, heirs and assigns. 7 RES 93-57 24. NOTICES All notices shall be served in writing. certified mail to the following addresses: The notices shall be sent by COUNTY AUTHORITY County of San Bernardino Department of Economic and Community Development 474 West Fifth Street San Bernardino, CA 92415-0040 Authority for the Handicapped 8088 Palm Lane San Bernardino, CA 92410 CITY City of San Bernardino Development Department 201 N. "E" Street. 3rd Floor San Bernardino, CA 92401-1507 25. EASEMENTS. TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Agreement and all rights and privileges hereunder granted are subject to all easements and rights.of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Agreement or any prov1s1on thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or CITY or any of their respective officers. agents or employees. or members of the San Bernardino County Board of Supervisors or the Mayor and Common Council of the City of San Bernardino shall not be liable to AUTHORITY or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by AUTHORITY or such person by reason of such determination. C. AUTHORITY assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof which may prevail during the term of this Agreement. D. Any major changes required by a competent government jurisdiction to the Agreement which are beyond the control of AUTHORITY will make the Agreement terms subject to renegotiation. E. It is expressly understood and agreed that COUNTY does not, in any way nor for any purpose, become a partner of AUTHORITY, or a joint venturer with AUTHORITY. 8 RES 93-57, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO AUTHORITY FOR THE HANDICAPPED By: By: Chairman, Board of Supervisors Chairman, Authority for the Handicapped Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT Clerk of the Board of Supervisors of the County of San Bernardino CITY OF SAN BERNARDINO By: Date: Date: APPROVED AS TO LEGAL FORM ATTEST ALAN K. MARKS COUNTY COUNSEL By: Q~ ~ ~y Clerk ,y~~ puty oun Counsel Date: DEe 1 1992 Date: APPROVED AS TO FORM AND LEGAL CONTENT JAMES F. PENMAN CITY ATTORNEY By: ~~., Da~ cfr/f3 AGMTS/CID.M&O 1l/16/92/BT/bjj 2/4/93/BT/bjj 9 RES 93-57 EXHIBIT ---L- of---L- COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT proiect/Activitv Title: Case Number: Name/Address of Contractor A~encv: Date of Issue: Original: Amendment 1,_ INSURANCE INVENTORY PRIMARY INSURANCE POLICY Name of Contractor's Insurance Company Effective Dates of Policy Claims Made Policy I I Limits of Liability Deductibles: Per Occurrence Policy I I Per Occurrence Annual Aggregate Additional Insured Endorsement Attached Certified Copy of Policy Attached Certificate of Insurance Attached Yes No No No Yes Yes EXCESS/UMBRELLA POLICY Name of Contractor's Insurance Company Effective Dates Limits of Liability Underlying Coverage limits Name of Underlying Company Additional Insured Endorsement Attached Certified Policy (copy of) Attached Certificate of Insurance Attached Yes No No Yes Yes No RES 93-57 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ) ss I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set official seal of the Mayor and Common Council Bernardino this _____ day of my hand and affixed of the City of San , 1993. the City Clerk City of San Bernardino By: Deputy AJH: 6044R