HomeMy WebLinkAbout1980-087
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RESOLUTION NO. 2tJ-Sf7
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
3 RELATING TO THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A
MULTI-PURPOSE BUILDING AT MILL COMMUNITY CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
50F SAN BERNARDINO AS FOLLOWS:
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SECTION l. The Mayor of the City of San Bernardino is
! hereby authorized and directed to execute on behalf of said City
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: an agreement with the County of San Bernardino relating to the
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I construction, operation and maintenance of a multi-purpose build-
I ing at Mill Community Center, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as
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fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
on the ~.d day
I AOI,u QrlJ.
of ~aM.D--
, 1980, by the following
meeting thereof, held
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17 vote, to wit:
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AYES:
Councilmen (1.iIT-nMorloj IJ \-.0.0.. '.
'NuJ~i'h-. I ~I\" ~e...
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"NoflMi1"'1,
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NAYS:
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ABSENT:
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The foregoing resolution is
day
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I~APpr d as to form:
1- _~
i ity orney
, 1980.
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Jan. 3, '1980
&
.. COUNTY OF SAN BERNARDINO
CONTRACT TRANSMITTAL
County Department
Office of Community Development
County Department Contract Representative
Budget Unit No.
020
Sub-Object No.
2230
D Renewable KJ Terminates
1705 Date,
Job No. I Amount of Contract
06-15000 $300,000
Juan F. Guzman
Check One: 19 Expenditure
S,S,A,
o Revenue
If contract has more than one payment or receipt,
complete the following.
Number of payments:
Estimated amount of each: $
or Federal
Employer 10 #
Contractor:
City of San Bernardino
Contractor's Representative: Gary Van Osde1
Address: 300 No. "D" Street. San Bernardino. CA 92418
Phone:
383-5003
Nature of Contract: (Briefly describe the general terms of the contractl
The purpose of this contract is to enter into an agreement between the County
of San Bernardino and the City of San Bernardino for the purpose of utilizing
Community Development Block Grant (CDBG) funds for the construction of a
Neighborhood Facility at the Mill Center in the South Waterman Area. The
City will provide the Maintenance and Operation for the facility.
The County allocated a total of $300,000 for the facility.
$112,000 in addition to the OCD allocation for improvements
The City has allocated
to the site.
The agreement sets forth the respective responsibilities of each agency during
the term of the project and the procedure for reimbursement to the City by the
County of project expenses.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to budget expenditure
.
County Administrative Office
Page 1 of
02-12294-107
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AGREEMENT,
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(Mill Community Center S1te)
THIS AGREEMENT is made and entered into this ~F"""!: day of ~, 1980,
by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter refer-
red to as "City", and the COUNTY OF SAN BERNARDINO, a body politic, hereinafter refer-
red to as "County".
WITNESSETH
WHEREAS, City and County are desirous of providing recreational and community
service programs to the residents of the South Waterman Avenue area, San Bernardino,
California; and
WHEREAS, County and City recognize that the Mill Community Center site is not
located within the County's designated South Waterman Avenue target area but rather
lies within the boundaries of the City of San Bernardino in close proximity to the
target area; and
WHEREAS, County and City recognize that the existing Mill Community Center on
South Waterman Avenue does not contain adequate indoor facilities in order to accom-
modate the needs of low and moderate income neighborhoods to maximize available
County and City services; and
WHEREAS, County and City have a mutual interest in providing necessary govern-
mental services to and enhancement of the quality of life of their residents, and
recognize that the South Waterman Avenue community will continue to deteriorate (in
terms of inadequate indoor recreational activity) absent implementation of this
project; and
WHEREAS, County and City jointly own all that real property known as the Mill
Center School site, situated in the City of San Bernardino, County of San Bernardino,
State of California and described as follows: East \ and the North 124 feet of the
West \ of Lot 9, Block 55 of the twenty acre survey of Rancho San Bernardino as per
14-12080481 Rev. 3/17
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plot recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said
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County.
NOW, THEREFORE, County and City, for and in consideration of the mutual reci-
tals, promises and agreements herein contained, do agree as follows:
1. This Agreement is made pursuant to the provisions of Article I, Chapter V, Divi-
sion VII, Title I of the Government Code of the State of California (commencing
with Section 6500), relating to the joint exercise of powers common to public
agencies. The purpose of this agreement is to authorize a joint venture agree-
ment between the County and City for purposes of providing Community Development
Block Grant (CDBG) monies for the construction of a Neighborhood Facility, in-
cluding kitchen, restrooms, multi-purpose room/office and other related improve-
ments, at the Mill Community Center site (hereinafter referred to as "Neighbor-
hood Facility").
2. For putposes of this agreement, City shall act as the Lead Agency on the con-
struction project for the proposed Neighborhood Facility. City shall award the
construction contract for the Neighborhood Facility to the lowest responsible
bidder. The contract specifications and bid documents shall be made available
for the review and approval of County prior to advertising for bids.
City shall make approved progress payments due to Contractor for the con-
struction of said Neighborhood Facility. Other approved billings made by Con-
tractor for such construction shall be paid by City. As Lead Agency City shall
be reimbursed for all costs of the construction project, including but not
limited to labor, materials, engineering, architectural design and other con-
stuction costs, in an amount which shall not exceed the sum of Three Hundred
Thousand Dollars ($300,000.00) budgeted for this project in the County's 1979-80
CDBG application for the South Waterman Avenue target area. The City's request
for payments shall be accompanied by all pertinent source documentation (Con-
tractor's requests for payment, invoices, etc.). Said payments shall not be due
14-12080-481 Rev. 3f77
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payable until thirty (30) days after receipt of billings by County from City.
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3.
County and City agree that the County's obligation to the Neighborhood Facility
project shall be limited to a contribution in the sum of Three Hundred Thousand
Dollars ($300,000.00) as provided in the above paragraph. City agrees to obtain
the County's approval prior to any obligation of funds for construction of said
Neighborhood Facility, which may result in costs in excess of Three Hundred
Thousand Dollars ($300,000.00). Any such obligation of funds for additional
costs shall be approved by County in advance, and the County's advance approval
is a condition precedent to the County's obligation to reimburse the City for
all or any portion of additional expenses or costs in excess of the sum of Three
Hundred Thousand Dollars ($300,000.00).
4.
County shall allocate to City that portion of cooununity development money
obtained by the County for the construction of a Neighborhood Facility at the
Mill Center School site of which a total sum of Three Hundred Thousand Dol1ars
($300,000.00) is presently budgeted for the fincal year 1979-80.
5.
City shall provide One Hundred Twelve Thousand Dollars ($112,000.00) from the
City's Cooununity Development Block Grant funds for the construction of off-site
improvements at the Neighborhood Faciltiy, which shall include but not be
limited to parking and other improvement costs.
6.
City hereby agrees to assume the responsibility for maintenance and operational
costs associated with the use of the Neighborhood Facility.
7.
As Lead Agency, City shall perform all necessary services and activities
necessary for completing the Neighborhood Facility project and for assuring that
all work performed in connection with said project complies with the Cooununity
Development Block Grant regulations, dated June 9, 1975, and amended in 1976 -
1977, Office of Management and Budget Circular No. A-I02, Section 3 Regulations
of the Housing and Urban Development Act of 1968 (Title 24, CFR 135) and all
other federal and statutory regulations applicable thereto. County reserves the
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14-12080-481 Rev. 3/17
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right to review any action or decision related to applicable regulations.
8.
City and County shall indemnify, hold harmless and defend the other, and neither
County or City, nor its officers, agents and employees shall be liable for
damages, claims, losses, demands and actions for injury to or death of persons
or damage to property arising out of or alleged to arise out of or in conse-
quence of this Agreement, which occur by reason of the acts or ommissions of
such other party, or its officers, agents or employees, under or in connection
with any work, authority or jurisdiction delegated to other under this Agree-
ment.
City shall indemnify, hold harmless, and defend County against any lia-
bility, claims, losses, demands, and actions incurred by County as result of a
determination by the Housing and Urban Development Agency (RUD) that activities
undertaken by City pursuant to the construction project failed to comply with
any laws, regulations, or policies applicable thereto or that any funds for-
warded to City under this agreement were improperly expended.
9.
City shall:
A. Provide recreational and program staff at the Neighborhood Facility and
shall intergrate recreational activities into the overall recreation pro-
grams of the City.
B. Maintain all buildings, grounds and recreational equipment.
C. Regulate the use of all the buildings and other facilities on said property
as is provided in City's Ordinance No. 3326.
D. List in its name, and pay for all electric, gas and water utilities.
10.
All notices herein required shall be in writing and delivered in person or sent
by certified mail, postage prepaid, addressed as follows:
County of San Bernardino
Office of Community Development
1111 E. Mill Street
San Bernardino, CA 92415
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
14-12080481 Rev. 3/77
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.11. This Agreement may be amended or modified only by written agreement signed by
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both parties and failure on the part of either party to enforce any provision of
this Agrrement shall not be construed as a waiver of the right to compel enforce-
ment of such provision or provisions.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first written above.
ATTEST:
~//14/~$
. City Clerk
ATTEST:
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(75;;-:;t~~l~r~' ot-<(heB;ft
12/26/79PRW
14-12080-481 Rev. 3177
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