HomeMy WebLinkAbout1991-500
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RESOLUTION NO. 91-500
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE
FIRST AMENDMENT TO THAT CERTAIN CONTRACT BY
AND AMONG THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO PERTAINING TO THE USE OF CERTAIN
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(WEST SIDE PLAZA PROJECT)
WHEREAS, the Community Development Commission of the
10 City of San Bernardino (the "Commission") on behalf of the
11 Redevelopment Agency of the city of San Bernardino (the
12 "Agency"), is a redevelopment agency, a public body, corporate
13 and politic of the State of California, organized and existing
14 pursuant to the Community Redevelopment Law (Part 1 of Division
15 24) commencing with Section 33000 of the Health and Safety Code
16 of the State of California (the "Act"); and
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WHEREAS, the Redevelopment Plan for the Northwest
19 Redevelopment Project (the "Redevelopment Plan") was previously
20 approved and adopted by the Mayor and Common Council of the City
21 of San Bernardino (the "Council") by Ordinance No. MC-189, dated
22 July 6, 1982; and
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WHEREAS, the Redevelopment Plan provides for the
25 redevelopment of real property pursuant to the Redevelopment Plan
26 by owners thereof or by parties seeking to acquire real property
27 from the Agency; and
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1 WHEREAS, the Agency has previously entered into a
2 certain Disposition and Development Agreement by and between the
3 Redevelopment Agency of the city of San Bernardino and New
4 Frontier Commercial Properties, Inc. (the "DDA"), pertaining to
5 the development of a certain shopping center project (the
6 "Project") within the project area subject to the Redevelopment
7 Plan; and
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9 WHEREAS, in connection with the implementation of the
10 DDA, the Agency has previously entered into a certain contract by
11 and among the City of San Bernardino (the "City"), the Agency and
12 the County of San Bernardino (the "County") pertaining to the use
13 of certain Community Development Block Grant funds in connection
14 with the development of the Project (the "County Contract"); and
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16 WHEREAS, the city deems it desirable to enter into the
17 First Amendment to that certain County Contract (the "First
18 Amendment to the County Contract"), a copy of which is attached
19 hereto as Exhibit "A" and incorporated herein by this reference,
20 which pertains to ensuring compliance with respect to certain
21 Labor Standards required in connection with the use of the
22 Community Development Block Grant Funds all as more fully
23 described in the First Amendment to the County Contract.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
26 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
27 III
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1 SECTION 1. The Council hereby approves the First
2 Amendment to the County Contract, a copy of which is attached
3 hereto as Exhibit "A".
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5 SECTION 2. The Council hereby authorizes the Mayor
6 and City Clerk to execute the First Amendment to the County
7 Contract and to execute such other documents as may be necessary
8 to implement the First Amendment to the County Contract and to
9 make any necessary non-substantive changes to the First Amendment
10 to the County Contract as may be approved by the city Attorney.
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25 III
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN FIRST AMENDMENT TO THAT CONTRACT
2 BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
3 BERNARDINO PERTAINING TO THE USE OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (WEST SIDE PLAZA PROJECT)
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SECTION 3.
This Resolution shall take effect upon
the date of its adoption.
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adopted by the Mayor and Common Council of the City of
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San Bernardino at a Joint ReQular meeting
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thereof, held on the 16 day of December
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1991, by the following vote, to wit:
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I HEREBY CERTIFY that the foregoing Resolution was duly
13 Council Members: AYES
14 ESTRADA x
REILLY ---1L
15 HERNANDEZ ---1L
MAUDSLEY ---1L
16 MINOR ---1L
POPE-LUDLAM
17 MILLER ---1L
NAYS
ABSTAIN
ABSENT
x
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day of
~~l~~
The foregoing resolution is. here..bY a.p pro red ~hi~19th
December , 1991. , 7,
7 .
,-...'/ .," /
/'.. /'-- /' /J. _.I i~! .~_..-
May6r/of/theaitY/Of //
San Bernardino
Approved as to form and legal content:
24 JAMES F. PENMAN
City Attorney
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26 By:
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.----~--~-~ --~~---"-
. ;J\\llr/l!~
~I"'"
- ""-
APR'I~;'
- Vendor Code , Contract Number
E ~ .ew
M X Change C ITYOFSn 2 SC A
X Cancel ECD 91-292 A-I
County Department Dept. Orgn. Contractor's License No.
Economic and Community Dev. ECD PROJ
County Department Contract Representative Ph. Ext. Amount of Contract
Thomas R. lauri n 4594 N/A
Fund I Dept. I Organization I Appr. J Obj/Rev Source Activity I GRC/PROJ/JOB Number
SBA ECD PROJ 200 2005 (10000735
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name N/A N/A
Fifth District: West - - -
Side Plaza Shopping - - - -
Center (#350-13323 ) - - - -
FOR COUNTY US~ -'ilL Y
~__._______,___ ____ _ ___________n_ n _ _____ _________~~___ _ _ ____
,. ~
,
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
N/A
City of San Bernardino
Birth Date
Federal 10 No. or Social Security No.
N/A
Contractor's Representative
Kenneth J. Henderson, Executive Director, Development Department
Address
300 North "D" Street, San Bernardino, CA 92418
Phone (7141 384-5065
Nature of Contract: (Briefly describe the general terms of the contract!
On '.lay 13, 1991, the San Bernardino County Board of Supervisors approved
Contract No. 91-292, which identified the actions to be taken by the
City of San Bernardino, the Redevelopment Agency of the City of San
Bernardino, and the County in a cooperative venture to bring about the
development of the West Side Plaza Shopping Center. This first amendment
to Contract No. 91-292 provides for the City of San Bernardino to be
solely responsible for the labor compliance and associated record keeping
during the construction of the West Side Plaza Shopping Center. All
other provisions and terms of Contract No. 91-292 will remain the same.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to Affirmative Action
Reviewed for Processing
~
~
Agency Administrator/CAD
Date
Date
02-12294-000 Rev. 11190
'."
"
FIRST AMENDMENT TO CONTRACT
BETWEEN THE COUNTY OF SAN BERNARDINO, THE CITY OF
SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO OF HAY 13, 1991 (CONTRACT 91-292)
This Contract Amendment is made and entered into this ,~.h day of
December, 1991, by and between San Bernardino County (hereinafter referred to as
MCOUNTYN), the City of San Bernardino (hereinafter referred to as MCITYN), and the
Redevelopment Agency of the City of San Bernardino (hereinafter referred to as
MAGENcyN) .
WITNESSETH
WHEREAS, COUNTY, CITY and AGENCY have previously entered into a Contract,
Contract #91-292, for the development of the Westside Plaza Shopping Center; and,
WHER~~S, COUNTY, CITY and AGENCY desire to have CITY solely responsible for
labor compliance and associated record keeping during the construction of the
Westside Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY realize the benefit in having a single party
responsible for all labor compliance and record-keeping associated with the
construction of the Westside Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY desire to amend Contract #91-292.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties agree as follows:
1. Add paragraph 22.
LABOR COMPLIANCE DUTIES OF CITY
For the purpose of this Contract CITY shall be solely responsible for labor
compliance and associated record keeping during the construction of PLAZA.
CITY shall be responsible for ensuring that all contractor(s) and
subcontractor(s) hired under the provisions of this Contract, comply with
Federal Labor Standard Provisions (HUD form 4010), prevailing wage
requirements and Equal Employment Opportunity regulations. CITY shall also
conduct onasite interviews with contractor and sub-contractor employees
regarding their work classification and rate of pay. CITY shall submit to
COUNTY a copy of each contractor's and subcontractor's weekly certified
payroll (HUD form WH-347) and monthly employment utilization report (HUD form
CC-257) upon their receipt from each contractor and sub-contractor. CITY
shall provide COUNTY with minutes of construction progress meetings for PlAZA.
CITY shall provide COUNTY with a copy of all correspondence related to labor
compliance and associated record keeping during the construction of PlAZA.
CITY shall be responsible at its sole expense and resource for enforcing
compliance with applicable labor laws and regulations, including investigating
and correcting violations, withholding funds, making restitution and paying
penalties and damages as required by said laws and regulations.
All other provisions and terms of the Contract, Contract #91-292, shall remain the
same and are hereby incorporated by reference.
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IN YITNESS YHEREOF, the parties have caused this Contract Amendment to be
executed as of the day and year written above.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
~
.y6UJ~
B
Dated:
JAN 1 ? '~n2
Dated:
~
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD,
...
. ,
.' ...:~.:~\
EARLENE SPROAT \ \'" \\
Clerk'of the Boar,d'i,f S\\pervisors
of the {;ountYDf Sa~ Setl;,ardino
, .~! ,~,...- ~
- -~ ;
;'
I
,
ity Attorne . DENNIS A. BARLOW
Dated: IJ./"/ ~I
, ,
\.
By:
Dat~i~,:-JAr-; 13
~.'-"...
" ,-, /-, ~ , .
";,.',"'(,: .-,
APPROVED ~.
ORM
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
ALAN MARKS
County coun~
BY:~~O
Dated: DEe 2 :1 109/
By' .~
. KENN H J. HENDE SON
Dated: I'Y~
* * * * * *
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
} ss,
By
14-836.103 Rev. 1189
I. EARLENE SPROAT, Clerk of the Board of Supervisors of the Co
hereby certify the foregoing to be a full. true and correct COP'
Board of Supervisors, by vote of the members present, as
said Board at its meeting of January 13, 1992.
EARL
Clerk
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EXHIBIT "A"
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FIRST AMENDMENT TO THE COUNTY CONTRACT
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FIRST AMENDMENT TO CONTRACT
BETWEEN THE COUNTY OF SAN BERNARDINO, THE CITY OF
SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO OF HAY 13, 1991 (CONTRACT 91-292)
This Contract Amendment is made and entered into this day of
, 1991, by and between San Bernardino County (hereinafter referred to as
~COUNTY~), the City of San Bernardino (hereinafter referred to as ~CITY~), and the
Redevelopment Agency of the City of San Bernardino (hereinafter referred to as
~AGENCY~) .
WITNESSETH
WHEREAS, COUNTY, CITY and AGENCY have previously entered into a Contract,
Contract #91-292, for the development of the Wests ide Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY desire to have CITY solely responsible for
labor compliance and associated record keeping during the construction of the
Wests ide Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY realize the benefit in having a single party
responsible for all labor compliance and record-keeping associated with the
construction of the Wests ide Plaza Shopping Center; and,
WHEREAS, COUNTY, CITY and AGENCY desire to amend Contract #91-292.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties agree as follows:
1. Add paragraph 22.
LABOR COMPLIANCE DUTIES OF CITY
For the purpose of this Contract CITY shall be solely responsible for labor
compliance and associated record keeping during the construction of PLAZA.
CITY shall be responsible for ensuring that all contractor(s) and
subcontractor(s) hired under the provisions of this Contract, comply with
Federal Labor Standard Provisions (HUD form 4010), prevailing wage
requirements and Equal Employment Opportunity regulations. CITY shall also
conduct on-site interviews with contractor and sub-contractor employees
regarding their work classification and rate of pay. CITY shall submit to
COUNTY a copy of each contractor's and subcontractor's weekly certified
payroll (HUD form WH-347) and monthly employment utilization report (BUD form
CC-257) upon their receipt from each contractor and sub-contractor. CITY
shall provide COUNTY with minutes of construction progress meetings for PLAZA.
CITY shall provide COUNTY with a copy of all correspondence related to labor
compliance and associated record keeping during the construction of PLAZA.
CITY shall be responsible at its sole expense and resource for enforcing
compliance with applicable labor laws and regulations, including investigating
and correcting violations, withholding funds, making restitution and paying
penalties and damages as required by said laws and regulations.
All other provisions and terms of the Contract, Contract #91-292, shall remain the
same and are hereby incorporated by reference.
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IN WITNESS WHEREOF, the parties have caused this Contract Amendment to be
executed as of the day and year written above.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
By:
Mayor
Chairman
Dated:
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By:
City Attorney
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
Dated:
By:
Dated:
APPROVED AS TO LEGAL FORM
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
ALAN MARKS
County Counsel
By:
By:
Dated:
Dated:
AGMTS/PLAZA.AMD
1l/19/91/BT/jj
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