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1 RESOLUTION NO. /.$0 () '1
,
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COMMUNITY SERVICES DEPARTMENT
3 OF THE COUNTY OF SAN BERNARDINO RELATING TO THE HOME WEATHERIZATIO
PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the Community Services Department of the County
9 of San Bernardino relating to the Home Weatherization program, a
10 copy of which is attached hereto, marked Exhibit "A" and incor-
11 porated herein by reference as fully as though set forth at
12 length.
13 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
Bernardino at a Of~~ meeting thereof, held
on the ;1d day , 1977, by the following
,
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17 vote, to wit:
18 AYES:
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NAYS:
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ABSENT: --.---11 ~
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c~~-it:i6i ?/t;I:~
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this _,-?~ day
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\'-1a~" The foregoing resolution
of I___,~'~ , 1977.
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San Bernardino
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A G R E E MEN T
{Home Weatherization Program}
1M
THIS AGREEMENT is made and entered into this - day of
~~~~~AJ , 1977, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter called 'lCi ty", and the
COMMUNITY SERVICES DEPARTMENT of the County of San Bernardino,
hereinafter called "Service Organization".
WIT N E SSE T H~
WHEREAS, City's Community Development Office has a sum of
$30,000.00 of Community Development funds allocated for the pur-
pose of weatherizing qualified housing within the City of San
Bernardino; and
WHEREAS, City is authorized to enter into an agreement
with the County of San Bernardino, through its Community Services
I Department, which is a qualified service organization, to perform
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the weatherization work within the City of San Bernardino; and
WHEREAS, City, through its Community Development Office,
desires that Service Organization perform said weatherization
work, and Service Organization desires to perform said work,
NOW, THEREFORE, for and in consideration of the performance
of the mutual covenants and promises herein contained, at the time
and in the manner specified herein, the parties hereto agree as
follows:
1. City shall, as the need arises and as determined by
City, issue job orders to Service Organization indicating the
locations to be weatherized and the work to be performed. Said
job orders shall be in a form adequate to indicate all relevant
information needed by Service Organization.
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2. Upon receipt of the job orders from City, Service
2 Organization shall perform the following services for City upon
3 the designated housing:
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(a) Scheduling - using the job orders furnished by
5 City, contact the client and establish a date and time to perform
6 the work.
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(b) Insulate Attics - using Underwriter Laboratories
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approved Class I borate impregnated fiber applied to a depth of
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four inches (4") to produce an R-19 rating.
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II (c)
'I stripping with vinyl-aluminum jam to headstrip using pemko door
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I: strip seal and Frost King vinyl-aluminum door bottom seal or
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aluminum felt door strip.
weatherstrip Exterior Doors - apply weather-
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(d) weatherstrip windows - using pemko polyurethane
15 foam 1/8" x 1/4" "peel stick" weatherstrip.
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(e) Secure and transport supplies, materials and work
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crews to work sites.
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3. City shall make an advance payment to Service Organiza-
19 tion in an amount of three thousand dollars ($3,000.00) for the
20 weatherization program to be used for the purchase of necessary
21 supplies and materials and for other initial costs.
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4. Service Organization shall maintain invoices, state-
23 ments, vouchers, time records, and supporting detail for all work
24 completed. When a job is completed, Service Organization shall
25 furnish City with a comprehensive expense statement which shall
26 itemize all costs of the job; provided, however, said expenses
27 to be paid by City shall be limited to such costs on the follow-
28 ing basis:
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(a) For attic insulation: 14 cents per square foot
2 insulated.
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(b) For doors: $5.33 per door weatherstripped.
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(c) For windows: 11 cents per linear foot weather-
5 stripped.
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(d) For transportation: $10.00 per home serviced.
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5. City shall reimburse Service Organization for completed
8 jobs on the basis of the expense statements submitted pursuant to
9 Paragraph 4 hereof on a monthly basis. Said reimbursements by
10 City to Service Organization will be made during the normal time
11 period utilized by City for making such payments. Notwithstand-
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ing the foregoing, during the program, City shall have the right,
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in its sole discretion, to off-set submitted expense statements
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for jobs completed against the three thousand dollar ($3,000.00)
I initial advance made by City to Service Organization as provided
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in Paragraph 3 hereof.
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At the end of the program, Service Organization shall re-
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fund to City any unexpended, unobligated funds remaining from its
total receipts from City for the program, and shall submit to
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City a detailed project expense statement in a form satisfactory
21 to City's Finance Director. If any monies are due to Service
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Organization from City, then Service Organization shall submit a
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final billing statement for authorized expenses computed in
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accordance with Paragraph 4 hereof exceeding payments made to
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Service Organization by City provided for herein.
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It is the intention to provide hereby that City will pay
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Service Organization for jobs completed on the basis of the
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rates set forth in Paragraph 4 hereof, and that all funds paid
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by City to Service Organization will be accounted for on said
basis.
6. Service Organization shall maintain and keep adequate
books and records on a current basis recording all invoices,
statements, vouchers, time records, and the like, in a form
satisfactory to City and in accordance with generally accepted
accounting principles. Said books and records shall be made avail
able to City for purposes of audit at all reasonable times and
places. All such books and records shall be retained for such
periods of time as required by law; provided, however~ notwith-
standing any shorter periods of retention, all books, records
and supporting detail shall be retained for a period of at least
three years after the expiration of the term of this agreement.
7. Any discrepancies in job order specifications shall be
reviewed jointly by representatives of City and representatives
of Service Organization. Said persons shall jointly make an on-
site evaluation of the discrepancies. Service Organization shall
not commence any work on any job order where there is such a
discrepancy or disagreement. Service Organization shall have the
right to reject job orders which are incomplete or inaccurate.
8. Service Organization shall provide comprehensive in-
surance coverage for all work performed pursuant to this agree-
ment in a form satisfactory to City's Director of Community
Development. Said insurance coverage shall be at least as follows:
one million dollars for each person injured;
one million dollars for anyone accident; and
one million dollars for property damage.
A certificate of insurance shall be provided to City and
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1 City shall be named as an additional insured in said policy.
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9. The term of this agreement shall be for a period
3 commencing on the date of execution of this agreement and ending
4 June 30, 1978.
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10. Either party may terminate this agreement by giving
6 written notice specifying the effective date therefor. Notwith-
7 standing the above, the normal expiration date of this agreement
8 shall be effective upon depletion of funds, except that Service
9 Organization shall be allowed a two week grace period immediately
10 thereafter in which to close down and furnish City with a full
11 accounting of projects accomplished and costs thereof. Any ad-
12 justments to project funding and incurred costs shall be made
13 within twenty (20) days of termination.
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11. Service Organization warrants and represents to City
15 that it has been granted authority by the Board of Supervisors
16 of the County of San Bernardino to enter into this agreement.
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12. Service Organization hereby agrees to, and shall, hold
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City, its elective and appointive boards, commissions, officers,
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agents and employees harmless from any liability for damage or
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claims for damage for personal injury, including death, as well
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as from claims for property damage which may arise from Service
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Organization's operations under this agreement, whether such
operations be by Service Organization or by anyone or more
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persons directly or indirectly employed by or acting as agent
25 for Service Organization. Service Organization agrees to, and
26 shall, defend City and its elective and appointive boards,
27 commissions, officers, agents and employees from any suits or
28 actions at law or in equity for damages caused, or alleged to
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1 have been caused, by reason of any of Service Organization's
2 operations hereunder.
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13. This agreement shall not be assigned by either party
4 without first obtaining the written consent of the other party.
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14. This agreement represents the entire agreement of the
6 parties hereto, and may be amended or modified only by written
7 agreements signed by both parties and failure on the part of eithe
8 party to enforce any provision of this agreement shall not be con-
9 strued as a waiver of the right to compel enforcement of such
10 provision or provisions, nor act to release any surety from its
11 obligations under this agreement.
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15. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
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addressed as follows:
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City of San Bernardino
Community Development Office
300 North "0" Street
San Bernardino, CA 92418
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Rudy Castro, Executive Director
Community Services Department
602 South Tippecanoe Avenue
San Bernardino, CA 92415
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on the date first hereinabove written.
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ATTEST:
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ES ~.tfTMENT
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Ru y Castro
Executive Director
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I APP~Zi~ as .~o /fo/rm: ./-----:
I. /jrjii:.t#J&.c'!:?
'-City torne~
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APPROVED AS TO FORM
DATE
M. CRA~E KITCHEL COUNTY COUNSEl
SAN BERNARDINO COUNTY, C/\LlFORNIA
BY .___ ,DEPUTY
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