HomeMy WebLinkAbout2012-282 1 RESOLUTION NO. 2012-282
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
3 AGREEMENT RELATIVE TO THE SELLING PRICE OF TAX-DEFAULTED
4 PROPERTY GENERALLY LOCATED ON 21ST STREET, EAST OF MACY STREET,
IN THE CITY OF SAN BERNARDINO, PROPOSED TO BE PURCHASED FROM THE
5 COUNTY OF SAN BERNARDINO TAX COLLECTOR BY THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT.
6
WHEREAS, the San Bernardino County Flood Control District would like to expand
7
the flood control area to enhance the maintenance of the existing Lytle Creek system in the City
8
of San Bernardino; and
9
10 WHEREAS, the San Bernardino County Flood Control District would like to purchase
11 tax-defaulted property adjacent to existing Lytle Creek system, generally located on 21st Street,
12 west of Macy Street in the City of San Bernardino, also known as Assessor's Parcel No. 0269-
13 031-01; and
14 WHEREAS, pursuant to Section 3775 of the California Revenue and Taxation Code,
15 the City of San Bernardino must agree to the selling price of said tax-defaulted property being
16 purchased by the San Bernardino County Flood Control District.
17
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
18
CITY OF SAN BERNARDINO AS FOLLOWS:
19
SECTION 1. The Mayor is hereby authorized to execute the Agreement to Purchase
20
the above-described Tax Defaulted Property, stating the City's agreement to the selling price of
21
the property described therein from the County of San Bernardino to the San Bernardino County
22
23 Flood Control District, a copy of which is attached and incorporated herein as Exhibit"1."
24
25
2012-282
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
2 AGREEMENT RELATIVE TO THE SELLING PRICE OF TAX-DEFAULTED
PROPERTY GENERALLY LOCATED ON 21ST STREET, EAST OF MACY STREET,
3 IN THE CITY OF SAN BERNARDINO, PROPOSED TO BE PURCHASED FROM THE
4 COUNTY OF SAN BERNARDINO TAX COLLECTOR BY THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT.
5
SECTION 2. The City Manager or his/her designee is hereby authorized to execute on
6
behalf of the City any future relevant Agreements to Purchase this Tax Defaulted Property as
7
described herein by parcel number, pursuant to Section 3775 of California Revenue and
8
Taxation Code.
9
10 ///
11 ///
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2012-282
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
2 AGREEMENT RELATIVE TO THE SELLING PRICE OF TAX-DEFAULTED
PROPERTY GENERALLY LOCATED ON 21ST STREET, EAST OF MACY STREET,
3 IN THE CITY OF SAN BERNARDINO, PROPOSED TO BE PURCHASED FROM THE
4 COUNTY OF SAN BERNARDINO TAX COLLECTOR BY THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 joint regular
Common Council of the City of San Bernardino at a meeting thereof, held on the
7
3rd day of December , 2012,by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ x
11 JENKINS x
12 VALDIVIA X
13 SHORETT x
14 KELLEY X
15 JOHNSON X
16 MC CAMMACK X
17
18
Georg nn Hanna, ity Clerk
19 ; q
The foregoing resolution is hereby approved this day of December , 2012.
20
21
trick . Morris, Mayor
22 City CFI San Bernardino
23 Approved as to Form:
JAMES F. PENMAN,
24 City Attorney
25
BY: Q-V Aa_CL df-IL-1
' 2012-282
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this 3rd day of December , 2012 , by and between the Board of
Supervisors of San Bernardino County, State of California, and San Bernardino County Flood Control District
("PURCHASER"),pursuant to the provisions of Division 1, Part 6, Chapter 8,of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in Exhibit "A", Is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to
provisions of law.
It is mutually agreed as follows:
1. That,as provided by Revenue and Taxation Code§3800,the cost of giving notice of this agreement shall
be paid by the PURCHASER,and
2. That the PURCHASER agrees to pay the sum of$21,400 for the real property described in Exhibit "A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to
PURCHASER.
3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling
property under this agreement, are not liable for any known or unknown conditions of the property,
including, but not limited to, errors in the Assessor's records pertaining to improvement of the property.
4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
Parcel 0269-031-01 will enhance maintenance of the existing Lytle Creek System.
5. That,if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the
Revenue and Taxation Code,it will not share in the distribution of the payment required by the Agreement
as defined by§3791 and§3720 of the Revenue and Taxation Code.
If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement,this agreement shall be null and void as to that individual parcel.
EXHIBIT 1
2012-282
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document Is being executed In counterpart each of which constitutes an original
ATTEST:
San Bernardino County
Flood Control District
By:
(Purchaser) David H. Slaughter, Director
(seal)
Real Estate Services Department
ATTEST: SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
A COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
Laura H.Welch By
Clerk of the Board of Supervisors
of the County of San Bernardino
By By
Deputy Josie Gonzales,Chair
(seal)
Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San
Bernardino, hereby agrees to the selling price as provided in this agreement.
ATTEST: CITY OF SAN BERNARDINO
'!„:41. City C rk 7T M/
(seal)
Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing
agreement this day of
JOHN CHIANG, CALIFORNIA STATE CONTROLLER
By:
Priscilla Moss, Chief
Bureau of Local Government Policy and Reporting
2012-282
EXHIBIT A
San Bernardino County Flood Control District
0269-031-01-0000 $ 21,400.00
Total: $ 21,400.00
2012-282
This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009,
pursuant to the Contract_ with San Bernardino County effective , 2012.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA)
Use of ARRA Funds and Requirements
This Contract may be funded In whole or in part with funds provided by the American Recovery and Reinvestment
Act of 2009("ARRA"), signed into law on February 17, 2009. Section 1805 of ARRA prohibits the use of recovery
funds for a project for the construction, alteration, maintenance or repair of a public building or public work(both
as defined in 2 CFR 176.140)unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i)
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic
preference would be inconsistent with the public interest. This is referred to as the"Buy American' requirement.
Request for a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred
to as the'wage rate" requirement.
The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements.
Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
Contractor may also be required to register in the Central Contractor Registration (CCR) database at
http://www.ccrmov and may be required to have its subcontractors also register in the same database. Contractor
must contact the County with any questions regarding registration requirements.
Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award
number consistent with the recipient reports required by ARRA Section 1512(c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes,and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill
any reporting requirements under ARRA described In this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
• 2012-282
I do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA)Funding requirements
that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County.
David H. Slaughter
Printed Name
Signature
Director, Real Estate Services Department
Title
County of San Bernardino
Company or Organization
Contract Number(s)
Date
•