HomeMy WebLinkAbout2013-353 RESOLUTION NO. 2013-353
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION NO. 2013-299, SECTION 3,
3 ENTITLED IN PART "RESOLUTION...AUTHORIZING THE MAYOR TO
4 EXECUTE AN AGREEMENT RELATIVE TO THE PURCHASE OF TAX-
DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX
5 COLLECTOR, TO BE DESIGNATED FOR WATER DEPARTMENT USE,
LOCATED ON 974 HOME AVENUE, KNOWN AS ASSESSOR'S PARCEL NUMBER
6 0144-221-27-0000,IN THE CITY OF SAN BERNARDINO."
7 WHEREAS, Resolution No. 2013-299 was adopted on October 21, 2013, authorizing
8
the Mayor to execute an agreement relative to the purchase of tax-defaulted property from the
9
County of San Bernardino Tax Collector, to be designated for Water Department use, located
10
11 on 974 Home Avenue, known as Assessor's Parcel Number 0144-221-27-0000, in the City of
12 San Bernardino, a copy of which is attached and incorporated herein as Attachment"1"; and
13 WHEREAS, the County of San Bernardino and State Controller's Office have
14 indicated after the adoption of Resolution No. 2013-299 that their processing time for the
15
agreement for tax-defaulted property will take approximately eight (8)months to complete.
16
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
18
SECTION 1. That Resolution No. 2013-299, SECTION 3, is hereby amended to read
19
20 as follows:
21 "SECTION 3. The authorization to execute the above-referenced Agreement
22 is rescinded if the parties fail to execute the Agreement within eight (8) months
23 of the date of adoption of this Resolution."
24
All other portions of Resolution No. 2013-299 shall remain in true form and effect.
25
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27 ///
28 ///
2013-353
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1
BERNARDINO AMENDING RESOLUTION NO. 2013-299, SECTION 3, ENTITLED IN PART
"RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATIVE TO
2 THE PURCHASE OF TAX-DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO
TAX COLLECTOR, TO BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED ON 974
3 HOME AVENUE, KNOWN AS ASSESSOR'S PARCEL NUMBER 0144-221-27-0000,IN THE CITY OF
SAN BERNARDINO."
4
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 thereof, held on the 16thday of December , 2013, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10
JENKINS x
11
12 VALDIVIA x
13 SHORETT x
14 VACANT
15 JOHNSON x
16
MULVIHILL x
17
18
19 Georgea Hanna, y Clerk
20 The foregoing resolution is hereby approved this , day of December , 2013.
21
22
'atric J. Morris, May.
23 CI ' . San Bernardino
Approved as to Form:
24 GARY D. SAENZ,
25 City Attorney
26 By:
27 "
28
ATTACHMENT "1"
RESOLUTION NO. 2013-299
1
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
7 WHEREAS, the City of San Bernardino Municipal Water Department (Water
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 1095; 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
1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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"l."
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
11 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
n Hanna, ity Clerk
20 George
21 The foregoing resolution is hereby approved this day of October , 2013.
22 �
23 tric J. Morris, Mayor
24 City of San Bernardino
Approved as to form:
25 JAMES F. PENMAN,
26 City Attorney
27 By. .Apt" ,� dos
28
2013-299
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this __2Ls_L day of October I , 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 Water Supply for the Citv'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) AT ICK J. MORRIS, yor
(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 MaY
(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 REQORDED 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
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
i
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, a d the City of San Bernardino ("PURCHASER"),
pursuant to the provisions of Division 1, Part 6, Chapter 8, of th 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$ 1 ;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 Water Supply for the City'of San Bernardin . (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) AT ICK J. MORRIS, yor
(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 May
(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 AMANAKA, BUREAU CHIEF
Local ovemment Policy and Reporting
I
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 Bernardlno County.
Patrick J Morris
Printed Name
Si natur
Mayor
Title
City of San Bernardino
Company or Organization
Contract Number(s)
Date
2013-299
I
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this 21 t day of October , by and between the Board of
Supervisors of San Bernardino County, State of California, a d the City of San Bernardino ("PURCHASER"),
pursuant to the provisions of Division 1, Part 6, Chapter 8, of th 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 Water SupQl y 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–�99
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) AT ICK J. MORRIS, yor
(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
I
�- /Y'0' By —
Dep May
(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:
LINDAAMANAKA, BUREAU CHIEF
Local Goverriment Policy and Reporting
i
2013—,'99
EXHIBIT A
City of San Bernardino Municipal Water Department
0144-221-27-0000 5 12,400.00
Total: $ 12,400.00
LEGAL DESCRIPTION
i
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.
wft
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 provi ed 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:l/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 maybe 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