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HomeMy WebLinkAbout2013-299 (IMPORTANT NOTE: Resolution is Null and Void because the agreement was not executed within the time spceified. ) 1 RESOLUTION NO. 2013-299 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 PURCHASE OF TAX-DEFAULTED 4 PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR, TO BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME 5 AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE CITY OF SAN BERNARDINO. 6 WHEREAS, the City of San Bernardino Municipal Water Department (Water 7 8 Department) is the operator of the Muscoy Operation Unit (Muscoy OU) of the Newmark 9 Groundwater Contamination Superfund site; and 10 WHEREAS, EPA Well No. 109 is an integral part of the Muscoy OU operation 11 related to groundwater contamination cleanup; and 12 WHEREAS,the Water Department would like to install a shallow well adjacent to the 13 14 existing EPA Well No. 109 site, in an effort to improve contaminant capture performance in 15 the shallow aquifer of the Muscoy OU; and 16 WHEREAS, the Water Department would like to purchase tax-defaulted property 17 adjacent to existing EPA Well No. 109 site, located at 974 Home Avenue, in the City of San 18 Bernardino, also known as Assessor's Parcel No. 0144-221-27-0000, as it is necessary for 19 20 access and operation of a future shallow well to be titled EPA Well 109S; and 21 WHEREAS, the Board of Supervisors of San Bernardino County (County) have 22 prepared an Agreement to Purchase Tax-Defaulted Property (Agreement) pursuant to Division 23 1, Part 6, Chapter 8 of the Revenue and Taxation Code, a copy of which is attached hereto as 24 Exhibit "1", for the sale of said tax-defaulted property to the City of San Bernardino, to be 25 26 designated for Water Department use; and 27 WHEREAS, the Board of Water Commissioners of the City of San Bernardino 28 adopted Resolution No. 837, authorizing the purchase of said tax-defaulted property. 2013-299 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 1 CITY OF SAN BERNARDINO AS FOLLOWS: 2 SECTION 1. The Mayor is hereby authorized to execute the Agreement with the 3 4 County to purchase the above-described tax-defaulted property, stating the City's agreement 5 to the purchase price of the property described therein from the County of San Bernardino, a 6 copy of which is attached and incorporated herein as Exhibit"1." 7 SECTION 2. Said tax-defaulted property shall be designated for Water Department 8 use. 9 SECTION 3. The authorization to execute the above-referenced Agreement is 10 1 rescinded if the parties fail to execute the Agreement within ninety (90) days of the date of 12 adoption of this Resolution. 13 /// 14 /// 15 /// 16 17 18 19 20 21 22 23 24 25 26 27 28 2013-299 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 PURCHASE OF TAX-DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR, TO 3 BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME 4 AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE CITY OF SAN BERNARDINO. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting 7 8 thereof, held on the 21stday of October , 2013, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 JENKINS X 12 VALDIVIA x 13 14 SHORETT x 15 VACANT 16 JOHNSON x 17 MCCAMMACK x 18 19 20 George n Hanna, ity Clerk Qi 21 The foregoing resolution is hereby approved this day of October , 2013. 22 23 Its s J. Morris, Mayor 24 City of San Bernardino Approved as to form: 25 JAMES F. PENMAN, 26 City Attorney 27 By. G� " ,� //71°9 28 a � G 1 2013-299 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this 21st day of October , , by and between the Board of Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("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$ 12,400 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: Municipal Wa er Supply for the City'of San Bernardino. (For Water Department Use) 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. 2013-299 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: CITY OF SAN BERNARDINO By. (Purchaser) ICK J. MORRIS, ayor (seal) 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 Janice Rutherford, 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 By Gstw..:-.. Dep/ Mayo (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: LINDA YAMANAKA, BUREAU CHIEF Local Government Policy and Reporting 2013-299 EXHIBIT A City of San Bernardino Municipal Water Department 0144-221-27-0000 $ 12,400.00 Total: $ 12,400.00 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2013-299 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 , 2013. 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 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) 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.ccr.gov 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. 2013-299 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. Patrick J. Morris Printed Name Si,natur= Mayor Title City of San Bernardino Company or Organization Contract Number(s) Date 2013-299 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this_21.51_ day of October , , by and between the Board of Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("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$ 12,400 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: Municipa Water Supply for the City'of San Bernardino. (For Water Department Use) 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. 2013-299 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: CITY OF SAN BERNARDINO By: (Purchaser) WICK J. MORRIS, 'ayor (seal) 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 Janice Rutherford, 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 By �—_ Dep s Mayo (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: LINDA YAMANAKA, BUREAU CHIEF Local Government Policy and Reporting 2013-299 EXHIBIT A City of San Bernardino Municipal Water Department 0144-221-27-0000 $ 12,400.00 Total: $ 12,400.00 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2013-299 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 , 2013. 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 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) 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 httpa/www.ccr.clov 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. 2013-299 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. Patrick J. Morris Printed Name Si natur: Mayor Title City of San Bernardino Company or Organization Contract Number(s) Date 2013-299 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this 21st, day of October , , by and between the Board of Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("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$ 12,400 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: Municipal W- er Supply for the City'of San Bernardino. (For Water Department Use) 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. 2013-299 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: CITY OF SAN BERNARDINO By: Q.11 - (Purchaser) ICK J. MORRIS, 'ayor (seal) 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 Janice Rutherford, 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 Dept*/ Mayo (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: LINDA YAMANAKA, BUREAU CHIEF Local Government Policy and Reporting 2013-299 EXHIBIT A City of San Bernardino Municipal Water Department 0144-221-27-0000 $ 12,400.00 Total: $ 12,400.00 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2013-299 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 , 2013. 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 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) 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 httpa/www.ccr.gov 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. 2013-299 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. Patrick J. Morris Printed Name -.1%) afiraftzlh, Si'natur= Mayor Title City of San Bernardino Company or Organization Contract Number(s) Date