HomeMy WebLinkAbout1993-321
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RESOLUTION NO, 93-321
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AWARDING A CONTRACT TO STABILIZER SYSTEMS,
4 INC., TO INSTALL EARTHQUAKE RESISTANCE BRACING SYSTEMS (ERBS) IN
VARIOUS MOBILEHOMES WITHIN THE CITY OF SAN BERNARDINO,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL, ACTING
6 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
7 BERNARDINO AS FOLLOWS:
8 SECTION L Stabilizer Systems, Inc, is the lowest responsible bidder for:
9 Installation of earthquake resistance bracing systems (ERBS) in various mobilehomes
10 within the City of San Bernardino, per EDA 93-0003, A contract is awarded accordingly
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to said bidder for the total amount of $57.206,54, but such award shall be effective only
upon the contract being fully executed by both parties, All other bids, therefore, are
14 hereby rej ected, The Chairman is hereby authorized and directed to execute said contract
15 on behalf of the Redevelopment Agency,
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SECTION 2, Twenty-six mobilehomes were selected throughout the City, The
following selection process was established:
(1)
(2)
Very low income (Under $1,000 per month),
Senior citizens and person's with disabilities,
(3)
If the mobilehome was occupied by more than one person,
(4)
The mobilehome must be worth saving,
23 SECTION 3, This contract and any amendment or modifications thereto shall not
24 take effect or become operative until fully signed and executed by the parties and no party
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shall be obligated hereunder until the time of such full execution,
SECTION 4, This resolution is rescinded if the parties to the contract fail to
execute it within sixty (60) days of the passage of this resolution,
93-321
I RESO: AWARDING CONTRACT TO STABILIZER SYSTEMS, INC. FOR
INSTALLATION OF EARTHQUAKE RESISTANCE BRACING SYSTEMS (ERBS)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a reau1ar
6 thereof, held on the 16th day of
7 to wit:
August
AYES
NAYS
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meeting
, 1993, by the foIlowing vote,
ABSTAIN
ABSENT
a~~
...... City Clerk
The foregoing resolution IS hereby approved this \<:~ \-\D. day of
August , 1993.
24 Approved as to form
and legal content:
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By:
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City Attorney
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'Tom Minor, Mayor
City of San Bernardino
d_'-,-~ ~ ~ ~'d-- \
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93-321
CIT!' OF SAB BBRRARDINO
DBVBLOl'tW'lT DBPAIll'MDT
MBKORABDUI! OF UNDBRSl'ABDIl'IG
CDBG-Funded Project
THIS MEMORANDUM OF UNDERSTANDING is entered into effective as
of
Julv 1
. 1992, at San Bernardino, California, between the
Development Department, a department of the Economic Development Agency and
Community Development Block Grant Program Administrator, hereinafter
"Administrator", and CIT!' OF SAB BBRRARDIl'IO FIRE DBPARl'PusJ!r.r, a department or
division of the City, referred to as "Recipient".
ADMINISTRATOR AND RECIPIENT AGREE AS follows:
1. Reel tals.
(a) "Recipient" has been awarded financial assistance from
"Administrator" for fiscal year 1992/1993 from funds available through a
Community Development Block Grant for the United States of America to City.
Although no formal written agreement between Departments or Divisions is
required, it is deemed beneficial that the obligations of "Recipient" be
spelled out clearly to avoid program management and audit exception problems.
(b) "Recipient" represents that the expenditures authorize by this
Memorandum of Understanding and Attachment A. thereto are/is to finance
installation of Earthquake Resistant Bracing Systems (ERBS) for mobilehomes
within the City, which are/is for valid community development purposes, in
accordance with federal laws and regulations, and that all funds granted under
this Memorandum of Understanding will be used for no purpose(s) other than
those purpose(s) specifically authorized.
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93-321
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(c) "Recipient" further agrees and assures that, prior to the
expenditure of funds granted under this Memorandum of Understanding,
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".
(d) Costs incurred or monies expended Drior to comDliance with
federal re~ulations 24 CFR. Part 58. will be considered unallowable costs
under this Memorandum of Understanding.
(e) "Recipient" agrees to provide the "Administrator" with written
~reports of its activities on or before the tenth (10th) day of October,
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,_____., :~ II J r I. of any given program year for the previous three (3)
month period, in addition to a final report when this Memorandum of
Understanding 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.
(f) "Recipient" will comply with requirements set forth in the
Uniform Relocation Assistance and Real Property Acquisition Policy Act (URA)
of 1970, as amended, 49 CFR, Part 24, in accordance with federal and local
regulations when attempting to or acquiring any building or parcel of land.
"Recipient" will be required to obtain written approval from the
"Administrator" prior to any activity taking place within the confines of URA
49 CFR, Part 24, as amended.
2. Payments
"Administrator" shall pay to the "Recipient" the total sum of
$69,000, for the term of this Memorandum of Understanding. Payments shall
be
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in the form of reimbursements and shall be on a progressive basis, contingent
upon certification and acceptance of the work completed by the CITY OF SAN
BEIllWIDIl'IO FIRE DEPARl'MEl'IT.
3. Term.
terminate
This Memorandum of Understanding shall
:DeUMt><;r- 3i. ~.'f\. _ ()
on 8u-_ 36. 1993. ~
commence Julv 1. 1992 and
4. Use of Funds.
The funds paid to "Recipient" shall be issued solely for the
purpose(s) set forth in Paragraph "l(b)" of this Memorandum of Understanding
and in accordance with the budget submitted by "Recipient" with its
application for this grant. Funds shall be used for purpose(s) authorized by
the Community Development Block Grant (CDBG) program only, and no portion of
the funds granted hereby shall be used for any purpose(s) not specifically
authorized by this Memorandum of Understanding. 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 Executive
Director of the Development Department 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
Executive Director of the Development Department in writing should there be
any material change in the cost and time schedule for completion of an
approved program/project. All funds are to be utilized within the time period
covered by this Memorandum of Understanding, and any funds not used shall
revert to the "Administrator". No reserve for the future shall be established
with the funds except as may be authorized by the "Administrator" to meet
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93-321
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commitments made for services provided during the period of this Memorandum of
Understanding, but not yet paid for at the conclusion of this Memorandum of
Understanding.
5. Services Available to Residents: MonitoritlJ!: and ReDortitlJ!: ProRram
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 service because of race, color, national origin, creed, sex, marital
status, or physical handicap. "Recipient" shall comply with 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 if requested by "Administrator", in
accordance with CDBG regulations 24 CFR, 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-competitive practices
among contractors which may restrict or eliminate 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 Memorandum of Understanding.
7. Anti-Kick Back Provisions: Eaual EmDlovment ODDortunitv.
All contracts for the construction or repair using funds provided
under this Memorandum of Understanding shall include a provision for
compliance with the Copeland "Anti-Kick Back" Act (18USC 874), as supplemented
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in Department of Labor Regulations (29CFR, 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 $10,000 entered into by "Recipient" using
funds provided under this Memorandum of Understanding shall contain a
provision requiring compliance with Equal Employment Opportunity provisions
established by Executive Order 11246, as amended.
8. Preyailin2 WaRe Reauirement.
Any construction contracts awarded by "Recipient" using funds
provided under this Memorandum of Understanding in excess of $2,000 shall
include a provision for compliance with the Davis-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 than 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 prevailing wage determination in public view. "Recipient" shall
report all suspected or reported violations to the Development Department of
the City of San Bernardino.
9. ADDroyal of ARencv of any CharRes.
"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 Memorandum of
Understanding, and of any rules and regulations governing the provision of
services hereunder.
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93-321
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10. Records Retention.
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Memorandum of Understanding shall be retained for a period of three (3) years,
at a minimum and in the event 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 Memorandum of
Understanding shall be retained for three (3) years after the final
disposition of such property.
11. Termination for Convenience.
"Administrator" or "Recipient" may terminate this Memorandum of
Understanding in whole or in part provided both parties agree that the
continuation of the program/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-cancellable obligations properly incurred by
the "Recipient" prior to termination.
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93-321 ';
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first hereinabove written, as an internal,
"interdepartmental" MEMORANDUM OF UNDERSTANDING.
RECIPIENT
~~);CC~
RICHARD MC GREEVY, Coof(!inator
Disaster Preparedness Division
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Date
ADMInSTRATOIl
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/~JSIl1 . BEBDEIlSON, Executive Director
Deve10pment Department
z./t.7l-/ 'i' 3
Date
KJH:LML:dle:6035R
Rev. 01/1991
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'3-321
. MEMOIlAlfDU!! OF UBDERSTABDIl'lG .
Attachment A
SCOPE OF SERVICES (Description of Activities)
- Educating mobile home residents on the seismic risks within the City of
San Bernardino.
- Providing state reports on the effectiveness of Earthquake Resistant
Bracing Systems (ERBS) for mobile homes.
- Procuring state certified ERBS for 26 qualified mobile home owners within
the City of San Bernardino.
- Having state licensed contractors install the ERBS under selected mobile
homes in various mobile home parks within the City of San Bernardino.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
_Personal Services 2400 0 2400 (nosta<>e & Drintin<>'
_~rofessional Services 0 0 0
Capital Imnrovements hh.hOO 0 hhhOO
Totals 69,000 0 69,000
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Plannin.. Concents June 7 1993 June 7 1993
Desian & En..ineerina ,Tune 30 1993
Advertisement for Bids ,Tulv 9 1993
Bid Onen . ,~ 9 1qql
Award of Contract Au<>ust 19 19q3
Bedn Construction Au<>ust 29 1993
50% Construction October 15 1993
Comnlete Construction November 29 1993
Proiect Comnletion December 10. 1993
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