HomeMy WebLinkAbout7K-Public Works RESOLUTION (ID#2076) DOC ID: 2076 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jim Smith M/CC Meeting Date: 12/03/2012
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Mayor to Execute an Agreement Relative to the Selling Price of Tax-Defaulted Property
Generally Located on 21St Street, East of Macy Street, in the City of San Bernardino, Proposed
to be Purchased from the County of San Bernardino Tax Collector by the San Bernardino County
Flood Control District.
Financial Impact:
No cost to the City. The Flood Control District will fund the purchase.
Mr otion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The County of San Bernardino Real Estate Services Department sent a letter, dated July 11,
2012, in regards to tax-defaulted properties the County is proposing to buy to benefit current
flood control projects. One of the parcels identified for purchase is within the City of San
Bernardino limits, known as Assessors Parcel No. 0269-031-01. The location of this property
requires that the Agreement to Purchase Tax Defaulted Property be executed by the City,
agreeing to the sales price of the property, which is $21,400.
Pursuant to the provisions of Revenue and Taxation Code Section 3775, "Whenever the county
or the State is the purchaser the price shall be agreed upon between the county board of
supervisors and the State Controller and the governing body of any city in which such property
may be located and such price shall be paid to the county tax collector for distribution."
The minutes authorizing the Flood Control District to purchase the property was approved by the
Board of Supervisors on May 8, 2012, and is attached for reference. The attached Resolution
authorizes the execution of an Agreement by the City, agreeing to the selling price of the tax
defaulted property to the County Flood Control District. It also authorizes the City Manager or
his/her designee to execute all future agreements for the purchase of tax-defaulted properties
within the City's limits.
City Attorney Review:
Supporting Documents:
RCA Attach-APN Map (PDF)
RCA Attach- County Letter-Minutes(PDF)
Resolution (PDF)
Packet ' 34 �
Updated: 11/14/2012 by Olivia Wolff C
7.
2076
Exhibit 1 -Agreement to Purchase Tax-Defaulted Property REV 2012-10-16 (PDF)
Original -Agreement to Purchase Tax-Defaulted Property (PDF)
Updated: 11/14/2012 by Olivia Wolff C Packet 3448"� ''
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REAL ESTATE SERVICES DEPARTMENT COUNTY OF SAN BERNARDINO
North Arrowhead Avenue,Third Floor•San Bernardino,CA 92415-0180 ti- David H.Slaughter
387-5252•Fax(909)387-5353 , Director
July 11, 2012
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City of San Bernardino a.
Attn: Patrick J. Morris,Mayor °=
300 North D Street, 6th Floor
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San Bernardino, CA 92418
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RE: Agreement to Purchase Tax Defaulted Property—Chapter 8 Tax Sale
Dear Mr. Morris,
The County of San Bernardino Flood Control District (District) in conjunction with the San o
Bernardino County Real Estate Services Department has identified eight tax defaulted parcels d
available for Chapter 8 tax sale that would benefit current flood control projects. An agreement to d
purchase tax-defaulted property must be submitted to the San Bernardino County Tax Collector in L
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order to finalize the sale.
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Of the eight parcels identified for purchase, one parcel referenced as APN: 0269-031-01, is located d
within the jurisdiction of the City of San Bernardino. This parcel is desired by the District because c
its location will benefit and enhance the maintenance of the existing Lytle Creek System. The 3
location of this property requires that the agreement be executed by the City.
Please execute all four agreements enclosed and return them in the envelope provided. The
minutes authorizing the District to purchase the property was approved by the San Bernardino 0
County Board of Supervisors on May 8, 2012, a copy of which has been included for your
reference. Please do not hesitate to contact me with any questions or concerns at 909-387-5114. I d
appreciate your time and assistance in this matter. c
Sincerely,
as
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fifer Goodell, v
Real Property Agent II
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Board of Supervisors
GREGORY C.DEVEREAUX BRAD MITZELFELT,Vice Chair. .. .First District NEIL DERRY. .......... Third District
Chief Executive Officer JANICE RUTHERFORD Second VT
JOSIE GONZALES,Chair District GARY C.Fifth OITDistrict
I R' 7.K.b I
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
May 8, 2012
FROM: GERRY NEWCOMBE, Director Q.
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Flood Control District a.
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DAVID H. SLAUGHTER, Director
Real Estate Services Department ..
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SUBJECT: AUTHORIZE PURCHASE OF TAX DEFAULTED PROPERTIES WITHIN FLOOD
CONTROL DISTRICT JURISDICTION d
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RECOMMENDATION(S) 0
Acting as the governing body of the County Flood Control District: a
1. Authorize the purchase of eight parcels (APNs 0201-281-08; 0269-031-01; 0602-341-32, 33,
34; 0477-541-01, 02, 03) from the San Bernardino County Tax Collector tax sale list in =
accordance with Chapter 8 of the California Revenue and Taxation Code for the amount of E
unpaid taxes plus associated administrative and advertising fees. d
2. Authorize the Chief Executive Officer or designee to execute any other documents necessary Q
to complete the purchases. 2
(Affected Districts: First, Second, Third, Fifth) w
(Presenter: David H. Slaughter, Director, 387-5252) N
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BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES c�
Operate in a Fiscally-Responsible and Business-Like Manner. Ix
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FINANCIAL IMPACT
The total cost to acquire eight parcels from the San Bernardino County Tax Collector (Tax o
Collector) default tax sale list is the amount of the past due taxes including administrative costs,
which total $380,800, plus advertising fees charged by the Tax Collector for the tax sale process. d
The San Bernardino County Flood Control District (District) has sufficient appropriations to c
acquire the properties as follows: c
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District Zone APNs Fund Tax Sale Amount w
Zone 1 0201-281-08 RFA 091 $ 1,200
Zone 2 0269-031-01 RFF 092 $ 18,300 w
Zone 4 0477-541-01, 02, 03 RFQ 094 $ 339,650 3
Zone 6 0602-341-32, 33, 34 RFV 096 $ 21,650
Approval of this item will not require additional discretionary general funding (net county cost). CU
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Page 1 c
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cc: Flood Control-Newcombe&Williams Recur.- ig -,.•e Board of Supervisors d
RESD-Slaughter /f0 � 16\ E
Tax Collector-McKee A' ';'C1 t7 ! 1, ` T CALENDAR) ci
CAO-Valdez&Lowe }wi% » .',i,if �`.-� RNARDINO �°
ACR-General Accounting Manager - ,� ,• " �t. Q
File-Flood Control-General # :;: ll 01 District
ml 05/17/12 MOTION ;ate!",, ° j "<; ABSENT AYE
LAURA H.W����r'� •+• �1`/, • _RD 4 5
ITEM 44 �/i'`kTf `` ,rftl / /
BY ( // t" *!+ ,.s1.- / ]
Rev 4.19-12 I Packet g.3 1
DATED: May 08, 2012
7.K.b
AUTHORIZE PURCHASE OF TAX DEFAULTED PROPERTIES WITHIN
FLOOD CONTROL DISTRICT JURISDICTION
MAY 8, 2012
PAGE 2 OF 3
BACKGROUND INFORMATION
This item will authorize the purchase of eight identified parcels from the Tax Collector to augment d
certain District flood control facilities in four District zones. a.
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On May 12 through May 18, 2012, the Tax Collector will be conducting a public sale of parcels for d
which taxes are delinquent in accordance with the California Revenue and Taxation Code. The 3
District reviewed the Tax Collector site containing the parcels to be auctioned and from that list
identified eight parcels which would augment District flood control facilities in various parts of the 0
county. The District did a site inspection of the parcels and did not detect any physical detriments
that would preclude purchasing these parcels for public use. The District requested the Real a,
Estate Services Department (RESD) assist with the acquisition of these parcels from the tax sale is
list.
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RESD ordered Preliminary Title Reports and reviewed the Recorder's site for outstanding liens .2
for which the District could become liable, and further investigated any encumbrances that may c
affect the purchase price or utility of the parcels for District purposes. RESD also made limited E
investigations into the reasonable value of the parcels on the tax sale list and was able to d
determine that the auction costs are generally equivalent to or less than the fair market value for a
which the District would pay to acquire the properties for project purposes. The purchase of 0
these parcels appears to be reasonable based on the level of due diligence performed in an c
abbreviated period of time. a)
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The District re uested the followin °
q g parcels be acquired from the Tax Sale list for the following 0
project areas and purposes:
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District Zone Project Location APNs Purposes
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Zone 1 Deer Creek Rancho 0201-281-08 Mitigation N
Basin Cucamonga N
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Zone 2 Lytle Creek San 0269-031-01 Enhance maintenance of a
System Bernardino Lytle Creek system
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Zone 4 Oro Grande Victorville 0477-541-01, Part of Oro Grande Wash .
Wash 02, 03 system >,
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Zone 6 Joshua Tree Joshua Tree 0602-341-32, Enhance maintenance of ci
Drainage area 33, 34 Joshua Tree drainage
system cu
The District can acquire these eight parcels in accordance with Sections 3771 et seq. of the a
California Revenue and Taxation Code. Approval of this item would authorize the District to cci
purchase and pr G 4 jo enter into an agreement with the State and the Tax Collector for the
acquisition o�ei aj a om the tax sale list. The Tax Collector will first return to the Board to d
request au 10 iro parcels to the District, and if approved, the Tax Collector will then t
submit th r w: "` ,. - -.* r approval.
In the ev _..,' t ,.. owners of these eight parcels should redeem their parcels by a
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paying t t3- ft the process will stop. If an agency is to acquire parcels from the
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05/08/J ��ear
7.K.,b
AUTHORIZE PURCHASE OF TAX DEFAULTED PROPERTIES WITHIN
FLOOD CONTROL DISTRICT JURISDICTION
MAY 8, 2012
PAGE 3 OF 3
tax sale list through the Chapter 8 tax sale process, the redemption period for the property
owner(s) extends several months beyond the tax sale date. Therefore, this process should not d
impede redemption of the parcels by any of the property owners for several months past the May c
2012 Tax Sale auction dates. If any such parcels are redeemed by the property owners during 0.
this acquisition period, the District's acquisition process would terminate at no cost.
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If successful in acquiring the property from the tax sale list, the District will receive a tax deed
which is fee title, but such title cannot be insured by a title insurance policy because the nature of
the tax sale places a cloud on title. Notwithstanding any unusual circumstances, title can be F
cleared within a minimum of five years from the date of the tax deed.
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The Tax Collector sells all parcels "as is" so due diligence is incumbent on the purchaser. Both e
the District and RESD did conduct due diligence, but eight potential liabilities, as delineated in a'
Section 3712 of the California Revenue and Taxation Code, may remain undetected and could
result in additional costs to the District. Generally, the tax deed conveys title to the purchaser
free of all encumbrances except certain liabilities which, briefly, include special assessments 8
levied by other taxing jurisdictions billing separately from the Tax Collector or who have not a
consented to the tax sale, Internal Revenue Service tax liens, unpaid assessments under the a"
Improvement Bond Act of 1915, unpaid special taxes under the Mello-Roos Community Facilities o
Act of 1982 not satisfied as a result of the sale proceeds being applied pursuant to the tax sale, +a-
and easements of any kind including prescriptive, servitudes, water rights which are held
separately from title, and restrictions of record. All efforts to detect potential liabilities and c
physical detriments are being made, but the District may become liable for undetected liens or c�
environmental impacts which could result in additional costs to the District. IX
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Charles Scolastico, Principal Assistant County o
Counsel, 387-5281) on April 25, 2012; District (Tom Williams, Chief, Flood Control Right of Way
Section, 387-8256) on April 24, 2012; Tax Collector (Kelly McKee, Tax Sale Manager, 387-6411) d
on April 24, 2012; and the County Administrative Office (Beatriz Valdez, Public Works Chief 13
Financial Officer, 387-1852; and Janet Lowe, Assistant Director, Real Estate Services
Department, 387-5380) on April 25, 2012.
(MR: 387-5106) d
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05/08/ Pa 3 I
7.K.c
1 RESOLUTION NO.
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
PROPERTY GENERALLY LOCATED ON 21ST STREET,EAST OF MACY STREET, d
� IN THE CITY OF SAN BERNARDINO, PROPOSED TO BE PURCHASED FROM o
5 THE COUNTY OF SAN BERNARDINO TAX COLLECTOR BY THE SAN `
BERNARDINO COUNTY FLOOD CONTROL DISTRICT.
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WHEREAS, the San Bernardino County Flood Control District would like to expand
7
8 the flood control area to enhance the maintenance of the existing Lytle Creek system in the
9 City of San Bernardino; and
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10 WHEREAS, the San Bernardino County Flood Control District would like to 2
11 purchase tax-defaulted property adjacent to existing Lytle Creek system, generally located on
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13 21St Street, west of Macy Street in the City of San Bernardino, also known as Assessor's o
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14 Parcel No. 0269-031-01; and
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15 WHEREAS, pursuant to Section 3775 of the California Revenue and Taxation Code, c)
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the City of San Bernardino must agree to the selling price of said tax-defaulted property being
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17 purchased by the San Bernardino County Flood Control District.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE M
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20 CITY OF SAN BERNARDINO AS FOLLOWS:
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21 SECTION 1. The Mayor is hereby authorized to execute the Agreement to Purchase
22 Tax Defaulted Property, stating the City's agreement to the selling price of the property
23
described therein from the County of San Bernardino to the San Bernardino County Flood
24 d
Control District, a copy of which is attached and incorporated herein as Exhibit"1".
25 r
26 SECTION 2. The City Manager or his/her designee is hereby authorized to execute on
27 behalf of the City any future Agreements to Purchase Tax Defaulted Property pursuant to
28 Section 3775 of the California Revenue and Taxation Code.
Packet Wig.3S4 I
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1
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
3 STREET, IN THE CITY OF SAN BERNARDINO, PROPOSED TO BE PURCHASED ;,
4 FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR BY THE SAN d
BERNARDINO COUNTY FLOOD CONTROL DISTRICT. o
5 a
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4)
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7 and Common Council of the City of San Bernardino at a meeting o
8 thereof,held on the day of ,2012, by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT 2
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10 MARQUEZ 2
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12 JENKINS d
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13 VALDIVIA o
14 SHORETT 0
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15 KELLEY cn
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16 JOHNSON a cc
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MCCAMMACK N
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20 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2012. o
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Patrick J. Morris,Mayor d
24 City of San Bernardino
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25 Approved as to form: rt.-
26 JAMES F. PENMAN,
City Attorney
27 By: `,` 0 N r
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pac et rt ;
Exhibit "1"
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
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This agreement is made this day of , 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.
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The real property situated within said county, hereinafter set forth and described in Exhibit "A", Is tax-defaulted co
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and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to
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provisions of law.
It Is mutually agreed as follows: c
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" cc)
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. c
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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 re
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. .a
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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
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Revenue and Taxation Code,it will not share in the distribution of the payment required by the Agreement H
as defined by§3791 and§3720 of the Revenue and Taxation Code. N
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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.
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
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This document is being executed in counterpart each of which constitutes an original
ATTEST:
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San Bernardino County
Flood Control District By.
(Purchaser) David H. Slaughter, Director ca
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Real Estate Services Department
(seal) N
ATTEST:SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS c
A COPY OF THIS DOCUMENT HAS BEEN c
DELIVERED TO THE CHAIRMAN OF THE
BOARD
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Laura H.Welch By
Clerk of the Board of Supervisors
of the County of San Bernardino
By By a
Deputy Josie Gonzales,Chair °
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(seal)
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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.
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ATTEST: CITY OF SAN CC ?V BEERNARDINO cNv
C3PY By
Deputy Mayor r
(seal)
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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 E
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EXHIBIT A
San Bernardino County Flood Control District °
0269-031-01-0000 $ 21,400.00 V
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Total: $ 21,400.00
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This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009, rn
pursuant to the Contract with San Bernardino County effective ,2012. c
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AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA) co
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Use of ARRA Funds and Requirements o
This Contract may be funded In whole or in part with funds provided by the American Recovery and Reinvestment ce
Act of 2009("ARRA"), signed into law on February 17, 2009. Section 1605 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 CL
as defined in 2 CFR 176.140)unless all of the iron, steel and manufactured goods(as defined in 2 CFR 176.140) ca
used in the project are produced in the United States. A waiver is available under three limited circumstances:(i) N
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 c
preference would be inconsistent with the public interest. This is referred to as the"Buy American" requirement. o
Request for a waiver must be made to the County for an appropriate determination. w
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on co
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 c
. as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred N
to as the"wage rate"requirement. o
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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 wi
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 a
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 a 2
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. a.o
Contractor may also be required to register in the Central Contractor Registration (CCR) database at ca
htto:F/www.ccr.eov and may be required to have its subcontractors also register in the same database. Contractor G
must contact the County with any questions regarding registration requirements. x
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Schedule of Expenditure of Federal Awards a)
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In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and c
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 a.
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A- o
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, E
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award E
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- Q to
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number r
assigned for ARRA purposes,and amount of ARRA funds.
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Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill E
any reporting requirements under ARRA described In this section. The information may be required as frequently in
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 E
withholding of payments and termination of this Contract. t
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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. o
David H. slaughter ce
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
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This agreement is made this day of � by and between the Board of r
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.
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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 c
provisions of law.
It is mutually agreed as follows: co
1. That,as provided by Revenue and Taxation Code§3800,the cost of giving notice of this agreement shall
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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.
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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. d
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5. That,if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any cXa
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 a
this agreement,this agreement shall be null and void as to that individual parcel.
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
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This document is being executed in counterpart each of which constitutes an original
ATTEST: $
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San Bernardino County
Flood Control District
(Purchaser) By:
David H. Slaughter, Director C
(seal) Real Estate Services Department
ATTEST:SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS Ci
A COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE y
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Laura H.Welch t`
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Clerk of the Board of Supervisors
of the County of San Bernardino
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Josie Gonzales, Chair o
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San o
Bernardino, hereby agrees to the selling price as provided in this agreement.
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CITY OF SAN BERNARDINO s
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Pursuant to the Q
provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing To
agreement this day of
JOHN CHIANG, CALIFORNIA STATE CONTROLLER
By:
Priscilla Moss, Chief .c
Bureau of Local Government Policy and Reporting
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0269-031-01-0000 $ 21,400.00
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Total: $ 21,400.00
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This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009, x
pursuant to the Contract= with San Bernardino County effective , 2012.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA) -
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Use of ARRA Funds and Requirements
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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 1605 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) o
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 c
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic U
preference would be inconsistent with the public interest. This is referred to as the"Buy Americans requirement.
Request for a waiver must be made to the County for an appropriate determination.
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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 ti
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.
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Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
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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
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required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in rovidin 2
documents as requested by the County pursuant to this provision. Failure to do so will be deemed'af default and o
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.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor
must contact the County with any
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Schedule of Expenditure of Federal Awards f°
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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 o
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A- a
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133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and w
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
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and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award CD
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 �a
assigned for ARRA purposes,and amount of ARRA funds,
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Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill as
any reporting requirements under ARRA described in this section. The information may be required as frequently c
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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.
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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.
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