HomeMy WebLinkAboutS04-Community Development
J.
. CIT~' () SAN BERNARDINOO REQEST FOR ~UNCIL Q:TION
'\
From:
Oept:
Kenneth J. Hen3ersal, Director
CaIIIL1nity Devel_.t
sfi&~.-AO~'ar SMU.L -, ,H
ISS9 AUG _rJDRI ~ --- c::mr
"'-'IlfIl1Mlpl '.l!lI IlUIltlI!IR
Om: August 9, 1989
Synopsis of Previous Council action:
None
Recommended motion:
l\dopt Resolution
Contact person: Ken Henderson
Phone:
5065
Supporting data attached:
staff Report
Ward:
1
FUNDING REQUIREMENTS:
Amount:
$50,000.00
Source: (Acct. No.) 'Ib Be Created
(Acct. DescriPtion)
EDP Loan FUnd
Finance:
Council Notes:
75-0262
Agenda Item No
/
5-1-
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. CITV' (,; SAN BERNARDINOO REOEST FOR COUNCIL CbTION
STAFF REPORT
"-- } IDtiaD of t\ -.- 6DV
"&lmey" the a.u:ner is a sole i'L........ietorship awned am operated by
Ms. laura a:m-oy. '!he lYOIf?"ny has been in existence for a period of
three (3) years. Previously, Ms. a:m-oy was ClO-QWllE!r (for a bio (2)
year period) of M.1ltiple ~ Incinerator ~ny, which de!Ilt in
the manufacture am sale of in:inerators. '!he <Y'OIpIny is currently
located at 272 South )bmtain view in San Bernardino.
'!he ~ b.ti1ds, sells am services three (3) types of &lmey
JOOdel in:inerators to fit variaJS needs. Fireflight (smallest
JOOdel), FirecmIke (medium size JOOdel), am Flame Citat.ia1. '!he
anney in:inerators are able to ~ with other waste r'li "'P"'3lll
units am methods because of its low aJSt am ocnvenierxle. Dle to
"&lmey" after b.u:ner features, no waste is left after iD:rlneratial
for hauliIq or oatpaCtiIq. '!he after b.u:ner features are also
inp>rtant in dealiIq with infectious waste material. It is
estimated that hospitals produce ~tely ten percent (10%) to
fifteen (15%) of the infectious waste. A typical hospital is esti-
mated to produce roogh].y bio am one-ha1f (2-1/2) taIS of solid
waste al a daily basis. '!he Envira1ment:a1 Protec:tial 1qerr:::y (EPA)
is l'lCM ocnsideriIq regulations that lIIaIld govern the 1IIIll'A,,-o-'-' It of
infectious waste. M:lst states have also illb...~"""'<i legislation that
lIIaIld require infectious waste either be in:inerated or steam
sterilized prior to lam filliIq.
'!he afo......"",ltialSd trerxi in dea1iIq with infectious waste am solid
waste in general places an:ney in an advantagec:us positial to
penetrate a significant partial of the waste r'li'T""'<ll market. '!be
0::IIpmy has f"'""leed its efforts at IIIaIXetin;J to hospitals, usiIq
American Hospital Associatial (AHA) plblicatial of the natialls
hospitals as its data source. '!he plblicatial lists all hospitals
by state with refElIellCoo to mailing add1. u am oantact person am
various other infcmaaticn. '!he plblicatial lists 270 pages of
hospitals within the United States. &lmey's "'~ft rate for
respell ,98 may be judged !ran its reoeht mailouts to the State of
Alaska. 'lWnty-six (26) hospitals received mailouts and seven (7)
respelIded (26.92% respelIlSe). Eighty-three (83) hospitals in the
state of Arizalll. received mailcuts am sixteen (16) respoucled
(19.28% respelIlSe). 'lhese are both excellent response rates
ocnsideriIq that no follow up calls 1lIet'e initiated to these
institutions. Based on its past experience, the l'n1pmy has been
able to sl1coessfully produce, deliver and install its in:inerators
to states other than Califomia.
8-9-89
75.026.
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'D1e Q:Irpany is rEqJeSt:inJ a total of $50,000 to use as ~ftaJt"
cash for deYe1~1t of incinerators. 'D1e lam will finllnoe the
p1rdlase of materials am labor A<IOI()(":iated with proclJct.iat.
OJrrently, au:ney suboantracts its labor needs for pttlducticn of the
incinerators. 'lbese labor needs include masa1, masa1 at't.erdents,
an:! loI'elders. ClIn"ent ccnt:racb:Ia1 agl..........ts provide for payment
between thirty (30) to forty-five (45) days after delivety. '!his is
a staroard ccntract provisiat in the OCI'lSt:ruct:icn imust1y.
Rate ...... --
'D1e lam bein] requested is for a period of tl'IrM (3) years at an
interest rate of eight pel:OaIlt (n).
0011.10.....'
Collateral will be provided by the owner's perscnal guarantee,
aCCOl.Dlts receivable an:! a mci:lilehcme located at 4040 Pi... -It.. in
High1an:l (!blntain Shadows). 'D1e ~ sH.L wmcet: value of the pr0-
perty is estbnated at $75,000.
Job Cru.tion
OJrrently, the incinerators are ,,-- .01 .led through Cualt.........-t labor.
However, within five (5) years, the CCIlpany expects to integrate its
entire qleraticn. It is estbnated that a.total of fourteen (14)
intividuals will be hired within that period of time. 'lbese
positions will CClrlSist of five (5) brick 1IlI!Sa1S, five (5) mson
attendents (helpers),. two (2) welders am two (2) office personnel.
IJftIMv!v Cl.wl-
T'ba .......,..".., +'h". ....... __ Dl.,....IJ c:IIl. .-"- ........, .......1 .L _,. b ..."-
Bol:odJWft"C n.v.l t. Pl.--- _ """-"........ ,...,.., ....,..11.... - ~t'lW'l'
-.,."-AIII'. ... 4___L .6"'1.. .1"~ w:f..t:h ..J.. ft.- ~ ~ ...- -.....-lcm
....._,'.. _41V7 -.. ~ (3) ... wauld __ Iwo_ f'l_
could tie di_'--'. '!'be ~h..nv"'.' ___a or _ 1Nl11 _14_ is
.ianifi~. ..... ~-'- BDPC !:'mill.,. -+~fttI ...........'1. '-- -- - ~
to a11C11r ror - t-f_,V ~.- _.t. of -'1 ..._40...... '11Il1'I aa.nda
i +......
1IAJ .......oI'I&l.... t'II'I
'Ihe Eooncmi.c Devel~.L P.l.'-":jLCIIII Ocmnittee (EDPC) has reviewed an:l
evaluated this request for financial assistance. 'D1e!!DR: has taken
acticn reo;. ....-.ldin;J awroval of the lam aJ:Plic:atiat to the Mayor
ani O......~. Ccurv::U.
8-9-89
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''IlumIIy'' tM IlW:DR
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I reo....,......d adcpticm of the attadled resoluticm.
KIH,Ilab/3390
atta..J"''''''lls
8-9-89
19 Bernardino at a
20 day of
21 wit:
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8-9-89
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2 USOLUTIOII 01' TRB CITY 01' SU BII8~.DIIIO AU'l'BOIlUIIfG UD
DIRBC'1'IlIca '1'BB IDCUTIOII 01' A SDLL BOSIDSS LOU MUIJIJIIl'J.'
3 BITWBIII '1'BB CITY OJ' SU BIIRlQRDIIfO UD "BOIlIIIY" '1'BB BOIlIIIR, IlfC.
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USOLUTIO. IlUJlBIIl
BII IT USOLVlD BY TRB DYOll UD COMllOII COOlfCIL 01' '1'BB CITY
OJ' SU BIRlQRDINO as J'OLLOWS:
Section 1.
(a)
The Mayor of the City of San Bernardino is hereby
authorized to execute, on behalf of the City of San Bernardino, a
loan agreement with "Burney" the Burner, Inc., which loan
agreement is attached hereto as EXhibit "1" and is incorporated
10 herein by reference as thouqh fully set forth at length. The
11 agreement provides for the loaninq of funds from the small bud
12 ness loan program in the amount of $50,000.00.
13
(b) The authorizations to execute the above referenced
14 agreement is rescinded if the parties to the agreement fail to
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execute same within sixty (60) days of the passage of this
resolution. .
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I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
, 1989, by the following vote to
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12 Approved as to form and
13 legal content:
14 fl. ~.~
15 ';/ CITY ATTORNEY
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RBSOLUTJ:ON OJ' TBII CITYI"v sUt'l:RDltJ)IIfO AUTIIORIIIIIG TBII 0
BXBCUTION OJ' A SHALL B1ftfI"SB~U AGRBBKBIIT WITH
"BURllBY" THB BURllBR, IIIC.
AYES:
Councilpersons
NAYES:
ABSENT:
CITY CLERK
The foreqoinq resolution is hereby approved this
day
, 1988.
Mayor, City of San Bernardino
I<JHjlabj0681
attachment
8-9-89
8-9-89
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BORROWER:
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CITY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
-Econoaic Developaent Program-
(IDB Fee-FinanCed)
LAURA CONROY. DBA. "BURNEY" THE BURNER
PROJECT TITLE: Purchase of Materials and Labor Associated with Production
PROJECT ADDRESS: 272 South Mountain View
San Bernardino. CA 92408
LOAN IS NUMBER
CONTRACTS.
OF COMMUNITY DEVELOPMENT
K.J'H/lab/0256
8-9-89
"
EDlIBIT "1"
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Section
Nnlllohar
SECTION I
S101.
S102.
S103.
S104.
S105.
SECTION II
S201.
S202.
S203.
S204.
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Title
PARTIES, TERN, CONDITIONS PRECEDEJIT
AND INDEPENDENT STATUS
Parties to the Agreement
Representatives of the Parties and
Service of Notices
Term of this Agreement
Conditions Precedent
Independent Contractor Status of
the Borrower
PURPOSE OF AGREEMENT AND LOAN, LOAN
TERMS, AND PROMISSORY NOTE
Purpose of the Agreement
Purpose of the Loan
Terms of the Loan
Promissory Note
SECTION III REPRESENTATIONS AND COVENANTS OF
BORROWER, AND DEFAULT
S301.
S302.
8303.
SECTION IV
S401.
S402.
S403.
S404.
Representations of the Borrower
Covenants of the Borrower
Default
REPORTS, RECORDS AND AUDITS
Reporting Requirements
Maintenance of Records
Audits and Inspections
Validity of Financial Documentation
Submissions
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8ec~ion
Nulllbar
8405.
8406.
8ECTION V
S501.
5502.
8503.
8504.
5505.
8506.
8507.
8508.
8509.
8510.
8511.
8512.
5513.
5514.
5515.
8516.
5517.
5518.
5519.
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TABLE OP CONTENTS (Cont...)
Title
ba
Release of Funds from Escrow
11
Reconveyance Pee
12
GENERAL TERMS AND CONDITIONS
Indemnification and Insurance
Requirements
12
PrOhibition Agains~ Assignment
Limitation of Corporate Acts
Amendments and Waivers
13
13
14
14
Compliance with statutes and
Regulations
Conflict of Interest
14
Political Activity Prohibited
Lobbying Prohibited
Installation of Financial Assistance
Sign
16
16
16
Press Releases
16
Discrimination Prohibited
16
Nondiscrimination, Equal Employment 17
Practices, and Affirmative Action Plan
Employment Opportunities for Business 17
and Lower Income Persons
Participation of Minorities, Women and 18
Small Businesses
Captions 18
Effect of Legal JUdgment 18
Choice of Law Governing this Agreement 19
Prohibition of Legal Proceedings 19
Rights and Remedies 19
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Section
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TAB.OF CONTEQ' (CoO..)
II
SECTION VI ENTIRE AGREEMENT
Tit.le
8601.
8602.
KJH/lab/0257
Complete Agreement
Number of paqes and Attachments
Execution (Siqnatur.) paqe
ATTACHMENTS
Attachment I -- Employment Action Plan
Attachment II -- Insurance Requirements
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AGREEMENT NUMBER
BETWEEN THE CITY OF SAN BERNARDINO AND THE LAURA CONROY. DBA,
"BURNEY" THE BURNER
(RELATING TO) THE
Purchase of Material and Labor Associated with Production
PROJECT
-------------------------------------------------------------------
THIS AGREEMENT is made and entered into by and between the
City of San Bernardino, a municipal corporation, hereinafter call
"City", and Ms. Laura, Conroy, dba. "Burney" the Burner
hereinafter called the "Borrower".
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H~~HI.s..s.I~B
WHEREAS, the City has entered into a Grant Aqreement with
the United States Department of Housinq and Urban Development,
hereinafter called the Grantor, pursuant to Title I of the Housinq
and Community Development Act of 1974, as amended, hereinafter
referred to as HCDBG, to address the community development needs of
the Ci ty ~ and
WHEREAS, the Community Development Department, hereinafter
called the "CDD", has been designated by the City to provide for
proper planninq, coordination and administration of the City's
programs as described in the City'. Grant Aqreement with the
Grantor, and of certain projects funded by the City~ and
WHEREAS, the CDD cooperates with private individuals and
orqanizations, other aqencies of the City and aqencies of other
qovernmenta1 juriSdictions in carryinq out certain functions and
programs which are its responsibi1ity~ and
WHEREAS, the Small Business Revolvinq Loan Fund program has
been established by the City as part of a City of San Bernardino
Economic Development Program ("EDP"), and has been approved by the
San Bernardino Mayor and Common Council~ and
WHEREAS, the project which is the subject of this agreement
meets the requirements of the above described program~ and
WHEREAS, Borrower has applied to the City for a loan to help
finance the project~ and
WHEREAS, the City is willinq to lend monies to the Borrower
on the terms and conditions set forth herein~
NOW, THEREFORE, in consideration of and in reliance upon the
foreqoinq and upon the covenants, aqreements, representations and
warranties herein contained, the City and the Borrower aqree as
follows:
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SBCTION I.
PARTIES. TERM. CONDITIONS PRECEDENT. AND INDEPENDENT STATUS
S101. Parties to the Aareement.
The partie. to this Aqre_ent are:
1. The City of San Bernardino, a municipal corporation,
having its principal office at 300 North "D" 'Street, San
Bernardino, California 92418.
2.
The Borrower, Me. Laura Conroy DBA.
having its principal address at
"Burney" The Burner
272 Soutb Mountain View
San Bernardino, CA 92408
,
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The Borrower is ( a) Sole Proprietorsbip
(fictitious name enterprise, individual, California
Corporation/general partnership/limited partnerShip.)
S102. ReDresentatives of the Parties and Service of Notices.
The representatives of the respective parties who are
authorized to administer this Agreement and to whom formal
notices, demands and communications shall be given are as
follows:
1. The representative of the city shall be, unless other-
wise stated in the Agreement:
Kenneth J. Henderson, Director
Community Development Department
300 North "D" Street, Fifth Floor
San Bernardino, CA 92418
2. The representative of the Borrower shall be:
Ms. Laura Conrov
DBA I '!Burnev" The Burner
272 South Mountain View
~Rn BpTnArdinn. CA 92408
3. Formal notices, demands and communications to be given
hereunder by either party shall be made in writing and
may be effected by personal delivery or by registered or
certified mail, postage prepaid, return receipt re-
quested and shall be deemed communicated as of the date
of mailing.
4. If the name of the person designated to receive the
notices, demands or communications or the address of
such person is changed, written notice shall be given,
in accord with this section, within five (5) working
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day. of .aid change.
S103. Term ot thi. Aaree.en~.
This Agreement shall remain in full force and effect from
the date of execution by Borrower of the Promissory Note,
until such time as said Promissory Note i. paid according to
its terms, subject to the provisions of S303 herein.
Sl04. Conditions Precedent.
A. Prior to the execution of this Agreement, the Borrower shall
submit to the City for approval in writing an Affirmative
Action Program Plan in accordance with Section 512 herein.
B. In the event that Borrower is a corporation, then prior to
the execution of this Agreement, the Borrower shall provide
the City with copies of the following docuaent.:
1. Borrower's Articles of Incorporation, and all amendments
thereto, as filed with the Secretary of State.
2. Borrower's By-Laws, and all amendments thereto, as
adopted by the Borrower and properly attested.
3. Resolutions or other corporate actions of the Borrower's
Board of Directors, properly attested or certified,
which specify the nameCs) of the personCs) authorized to
obligate the Borrower and execute contractual documents.
4. Certificate of Good Standing from California Secretary
of State.
C. In the event that Borrower is a partnership, then prior to
the execution of this Agreement, the Borrower shall provide
the City with copies of the Borrower's Partnership Agree-
ment, and evidence of filing thereOf,with appropriate filing
official.
D, In the event the Borrower is an individual doing business
under fictitious name, a copy of the Fictitious Name State-
ment and evidence of the proper filing thereof.
Sl05. IndeDendent Contractor Status of the Borrower.
The parties agree that the Borrower is an independent
contractor and that no employees of the Borrower have been,
are, or shall be employees of the City by virtue of this
Agreement, and the Borrower shall so inform each employee
organization and each employee who is hired or retained by
it.
SECTION II.
PURPOSE OF AGREEMENT AND LOAN, LOAN TERMS, AND PROMISSORY NOTE
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8201. Puma.. ot 'the Aareelllen't.
The purpose of this Aqre_ent is to provide Fifty Thouund
and no 100--------------_____________________________________--Dollars
(50,000.00 ) of EDP funds to be loaned by the C ty to the
Borrower, hereinafter called the "Loan", for the purpose and
under the terms and conditions set forth berein.
8202. PurDose of the Loan.
The purpose of the Loan is to provide financial assistance
to enable the Borrower to:
Purchase of Material and Labor associated with Production.
S203. Terms of the Loan.
A. The city aqrees to lend the Borrower, and the Borrower
aqrees to borrow from the City, an amount not to exceed
Fifty Thousand and no/lOO--------------------DO~, ($50,000.00 ),
such transaction hereinafter referred to as the "Loan". The
Loan is to be evidenced by, and made aqainst delivery of a
Promissory Note executed by the Borrower, hereinafter called
the RNote" and by this reference incorporated herein.
B. The Note shall (a) be dated as of the closinq, (b) bear
interest on the unpaid principal at the rate of eight percent
( 8X) per annUIII, (c) be for a term of threl!', ; , ( 3. )
years, and (d) provide for payment of the principal amount
thereof and the interest thereon in Thirtv-six
( 36 ) equal monthly installments of one thousand five hundred
sixt -six and .82/l00---------------------------------------;)OLIJURS
($ 1,566.82 ), each includ nq pr~nc pal and nterest, and
continuing until said principal and interest are paid in
full.
c. Each monthly installment shall be applied first to the
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payment ot intere.t ~ acc~ to the date the payaent i.
received, and the balance, it any, to the reduction ot the
principal.
Pro.f..orv Not:...
A.
The obliqation of the City to .ake the Loan i. .ubject to
receipt by the City of the Note and, at the City'. .ole
diacreUon, to the followift9 aclcliUonal conditiona
precedent:
1. The representations and warranties .ade herein by the
Borrower shall ba true and correct at the ti.. of
consideration by the Mayor and Common Council of the
City of San Bernardino with the same effect as thouqh
made at the Closinq.
2. Receipt by the City from the Borrower ot all executed
document. in connection with this Agreement, sati.fac-
tory in form and substance to the City.
3. If matchinq fund. constitute a part of thi. Aqre_ent,
then Borrower shall obtain aatchinq fund. in an amount
equal to the amount of this loan and, as required by the
City, deposit .aid matchinq fund. into an account with
N / A Escrow Aqency.
4. The City and the Borrower have .utually aqreed to the
terms and conditions as set forth in the Eaployment
Action Plan, which is attached hereto a. Attachment I
and by this reference is incorporated herein.
B. The Note is to be secured as follows:
1. Personal Guarantee.
2. Accounts receivable
3. Mobilehome located at 4040 Piedmont, Highland, CA. estimated
value $75,000.00 (Mountain Shadows Mobilehome Park)
C. Borrower shall have the riqht, without penalty, to prepay
the Note toqether with the accrued interest thereon as of
the date of such prepayment.
D. The Borrower acknowledqes and aqrees that the amount beinq
provided under this loan shall be for a total of
Fifty Thousand and no/100---------- DOLLARS, ($50,000.00 ), and
that no additional funds to cover additional projects costs,
anticipated or unanticipated, incurred as a result of cost
overruns or expenses in financinq this project, are
available under th~s Aqreement.
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SECTION III.
REPRESENTATIONS AND COVRNANTS OP BORROWRR. AND DEPAULT
8301. R_Dresenta~ion. of the Borrow.r.
To induce City to enter into this Agreement, Borrower
covenant. and represents to city that:
1. The execution, delivery and performance of the Note and
this Agreement by Borrower have been duly authorized by
Bo~rower. This Agreement constitutes a legal, valid and
binding obligation of Borrower, enforceable in
accordance with its terms. The execution and delivery
of this Agreement and the note, and consummation of the
transactions herein contemplated, will not conflict
with, or result in a breach of, any of the terms,
provisions or conditions of any indenture, contract,
instrument or agreement, including any partnership
agreement, to which Borrower or any of its officers is a
party. No approval, consent or authorization of any
governmental authority is necessary for the execution,
delivery or performance by the Borrower of this
Agreement or of any of the terms and conditions.
2. Borrower has good and marketable title to the real
property identified in S204B of this Agreement, located
at 4040 Piedmont. Highland. CA ,
San Bernardino, california, and it is free and clear
from all liens except as set forth
herein: None
3. Borrower is in compliance with all applicable statutes,
laws, regulations, and executive orders of the United
States of America and all states, foreign countries,
other governmental bodies and agencies having
jurisdiction over its business or properties, including
(without limitation) all tax laws and Borrower has not
received notice of any violation of such statutes, laws,
regulations or orders which have not been remedied prior
to the date of this Agreement. Borrower possesses all
licenses, tradenames, trademarks, and permits as are
required for conduct of its business without conflict
with the rights of others.
D. There is not pending or threatened against Borrower, or any
of its officers, any actions, suits, proceedings or investi-
gations at law or in equity or before or by any Federal,
state, municipal or governmental department, commission,
board, bureau, agency or instrumentality which, if deter-
mined adversely, would be likely to have a materially
adverse effect on the business or properties of Borrower.
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E. Each and every financial stat...nt, docuaent and record
delivered by Borrower to the City in connection with thb
AcJree_nt and the proposed transaction hereunder is a true
and co~lete copy of said financial stat--.nt, docuaent or
record, and fairly and accurately reflect. the inforaation
it purports to portray. There has been no change in the
condition, financial or otherwi.e, of Borrower a. .hown in
the financial .tat..ent. dated December 31. 1988 ,
except change. in the ordinary cour.e of busineas, none of
which, individually or in the aggregate, ha. been aaterially
adverse.
S302. Additional Covenants of the Borrower,
Borrower covenants and agree. that, from the date hereof,
until payment in full on the Note and the intere.t thereon,
that it will:
1. Pay the principal and interest on the Mote according to
its tel"lllS.
2. Pay any other amounts that .ay be due or become due and
owing to the City under or pursuant to the ter1118 of this
Agreement or the Note.
3. Execute and deliver all instrument., and perforJI such
acts, as the City may reasonably deem necessary or
desireable to confirm and secure to the City all rights
and remedies conferred upon the City by the terms of
this Agreement and Mote.
4. In the event that Borrower .hall grant the City a se-
curity intere.t in Real Property a. collateral under
S204B herein, then Borrower agrees to .aintain at
Borrower'. sole expense a policy of title in.urance
coverage equal to the _ount of the loan.
5. Give notice to the City of any event that constitutes an
Event of Default as set forth in Section 303 of this
Agreement or that would, with notice, or lapse of time
or both, constitute an Event of Default under this
Agreement. Notice shall specify the nature of such
Event of Default.
6. Mot enter into any agreement or other cOllllli bent the
performance of which would constitute a breach of any of
the covenants contained in this Agreement.
7. Use the Loan proceeds only for the purposes stated in
this Agreement and for no other purpose or purposes.
8. Observe all applicable federal, state and local statutes
and regulations as well as City of San Bernardino
ordinances as further defined and set forth in Section
505 of this Agreement.
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9. In the ev.nt that Borrower is a corporation, then
Borrower shall do or cause to be done all thing. nece.-
.ary to pre.erve and keep in full force and effect it.
corporate exi.tence, right. and franchi....
10. Not violate any law., ordinance., governmental rules or
regulation. to which it i. .ubject and not fail to
obtain any licen.e., p8mit., franchi.e. or other
governmental authorization nece..ary to conduct it.
business, which violation or failure to obtain might
have a material adver.e effect on the bu.ine.., pro-
spect., profit. or condition (financial or otherwise) of
Borrower.
11. Submit an Annual Employment Report on or before the
fift.enth (15th) day of June for the year(.)
1990 . The Annual Employment Report .hall
detail Borrower's compliance with the Employwent Action
Plan, Attachment I attached hereto and by this reference
incorporated herein, for the preceding twelve (12) month
period.
12. Maintain adequate insurance with respect to the col-
lateral and the (proprietorship, partnership or cor-
porate) business which is the subj.ct of this Agreement,
with reputable insurance companie.. The Borrower shall
maintain insuranc. in such amounts and against .uch
risks as is customary with companies in the same or
similar business; in addition, .aid in.urance
coverage(.) .hall be in accordance with the general
insurance provision. of this Agre.ment a. .pecifi.d in
S501B.5, including fire, hazard and general
compr.hen.ive liability insurance, worker'.
compensation, construction/rehabilitation liability, to
protect such busine.s and all property securing the
City's loan. Said insurance shall be aaintained
throughout the term of this loan. The City shall be
named as an additional insured, and the policy or
polici.s .hall not b. subject to cancellation, reduction
or nonrenewal without thirty (30) days prior written
notification to the City Attorney by c.rtified mail.
13. Pay all indebteness and obligations promptly in accord-
ance with nomal t.rms and promptly pay and discharge or
cause to paid and discharged all taxe., assessments and
governmental charges or levies imposed upon it or upon
its income and profits or upon any of its property,
real, personal or mixed, or upon any part thereof,
respectively, before the same shall become in default.
S303. Default.
A. The entire unpaid principal of the Note, and interest then
accrued thereon, shall become and be forthwith due and
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payable upon written demand by the City or the City'.
assigns, without any other notice or demand of any kind or
any pre.entment or protest, if anyone of the following
event. (berein called an wEvent of DefaultW) sball occur anc:l
be continuing at the time of such demand, whether volun-
tarily or involuntarily, or, without limitation, occurring
or brought about by operation of law or pursuant to or in
compliance with any jUd9lllent, decree or order of any court
of any order, rule or regulation or any governaental body,
provided bowever that such sum shall not be payable if
Borrower's payments have been expressly extended by the City
or the City's assigns. "Events of Default" shall include:
1. Payment of any installment of principal or interest on
the Note is not paid when due and such payment remains
unpaid for thirty (30) days.
2. Borrower fails to pay when due, or declared due, the
obligations secured under this Agreement.
3. Borrower fails to perform or comply with any terms,
conditions, or covenants as provided in this Agreement
or in any instruments securing or related to this
Agreement.
4. If any representation or warranty made by the Borrower
in this Agreement shall prove to be untrue in any
material respect, or if any report, financial statement
or financial schedule or other instrument delivered
under or pursuant to this Agreement or the transactions
contemplated herein, fo the City or to any other holder
of the Note shall prove to be untrue in any material
respect as of the date as of whicb made.
5. A court enters a decree or order for relief in respect
of the Borrower in an involuntary case under any appli-
cable bankruptcy, inSOlvency or 'other similar law now or
hereafter in effect, or appoints a receiver, liquidator,
assignee, custodian, trustee, sequestrator (or similar
official) of the Borrower or for any substantial part of
its property, or orders the winding up or liquidation of
its affairs and such decree or order remains unstayed
and in effect for a period of sixty (60) consecutive
days.
6. The Occurrence (i) of Borrower's becoming insolvent or
bankrupt, or ceasing, being unable, or admitting in
writing its inability to pay its debts as they mature,
or making a general assignment for the benefit of, or
entering into any composition or arrangement with
creditors; (ii) of proceedings for the appointment of a
receiver, trustee or liquidator of Debtor, or of a
substantial part of its assets, being authorized or
instituted by or against it; or (iii) of proceedings
under any bankruptcy, reorganization, readjustment of
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debt, insolvency, dissolution, liquidation or other
similar law of any juri~iction being authoriz~ or
institut~ by or against the Borrower.
7. A cessation or substantial reduction of operations in
the business which i. the .ubject of this Agreement
under circumstance. indicative to the City of a lack of
intention or ability to provide continuinq ..ployaent
and economic benefit. for the area in WhiCh the busine..
is located.
8. Failure to submit the Annual Employment Report referred
to in S302(12) within ninety (90) days of the scheduled
due date for said Report.
9. The loss, theft, substantial damage, destruction,
abandonment, sale or encumbrance to or of any of the
collateral securing payment of the Note, in any manner
not fully covered by insurance, or the _king of any
levy, seizure or attachment thereof or thereon.
B. If Borrower shall at any time default in _king any payment
of principal or interest on the Note, Borrower shall to the
full extent permitted by law, pay to the City or other
holder of the Note, in addition to any other amounts that
may be due from Borrower to such holder, an amount equal to
the reasonable costs and expenses incurred by suCh holder,
in its efforts to protect its collateral, secure payment,
or otherwise defend its interests hereunder in any judicial
or administrative proceeding.
SECTION IV.
REPORTS. RECORDS AND AUDrTS
S401. ReDortina Reauirements.
A. At such times and in suCh forms as the City ..y require,
there shall be furnished to the City suCh statements,
records, reports, data and information as the City may
request pertaining to matters covered by this Aqre_ent.
B. Borrower will provide its financial and accounting
statements to the City for the period ending
and annually thereafter during term of
this Agreement, but not later than three (3) months
following the expiration of any such period, and at each
other time and in such form as the City may prescribe.
S402. Maintenance of Records.
A. Records, in their original form, shall be maintained in
accordance with the requirements prescribed by the Grantor
and the City with respect to all matters covered by this
Agreement. Such records shall be retained for a period of
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six (6) years aft.r t.rmination of this Aqr....nt and aft.r
all other pencUnq ..tters are clos.d. "Pendinq llatt.rs" in-
clude, but are not limited to, an audit, Utiqation, or
other actions involvinq records. The City ..y, at its
discretion, take possession of and retain said records.
B. Records in their oriqinal form pertaininq to aatt.rs covered
by this Aqreement shall at all times be r.tained vithin the
City of San Bernardino, or some other location specifically
authorizinq in writinq by the Director of community
Development, unless authorization to remove them is qranted
in writinq by the City. ,
5403. Audi~s and In_nections.
A. At any time durinq normal business hour. and a. often as the
Grantor, the U.S. Comptroller General, AUditor General of
the State of California or the City ..y deem n.c...ary, the
Borrower shall make available to the City for exaaination,
all of its records with respect to all aatt.r. cov.red by
this Aqreement. The City, AUditor General of the State of
California, Grantor, and the U.S. Comptroller General shall
have the authority to audit, examine and make .xcerpts or
transcripts from records, includinq all contracts, invoices,
materials, payrolls, records of personnel, conditions of
employment and other data relatinq to all aatters covered by
this Agreement.
B. The City shall have the authority to make physical inspec-
tions and to require such physical safeguardinq devices as
locks, alarms, safes, fire extinguishers, sprinkler system,
etc., to safeguard property and/or equipment funded or
secured by this Aqreement. Notwithstandinq such inspection
authority, Borrower is soley responsible for the provision
of security and for the safe guardinq of the business and
its property. .
S404. Validitv of Financial Documentation Submissions.
Financial reports required to be prepared and submitted by
the Borrower to the City shall be accurate and correct in
all respects.
S405. Release of Funds from Escrow.
A. All loan proceeds shall be deposited into an escrow account
with an escrow company designated by the City. Disbursement
of funds shall be jointly authorized by the Borrower and the
City. Each disbursement shall be in accordance with S202
"Purpose of the Loan" and shall be properly supported by
invoices, vouchers, executed payrolls, time records or other
documentation evidencinq an expenditure and/or encumbrance
of funds.
B. The costs associated with the loan such as escrow fees,
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credit reports (TRW), Title Reports, or other siailar costs
shall be delineated in the escrow instructions and disbursed
from the loan proceeds upon opening of the escrow account.
5406. Reconvevance P..
In the event that real property is used to secure this Loan,
then Borrower agree. to pay any costs incident to title
reconveyance, inClUding, if applicable, trust..'s f...,
attorney fee., document preparation fees, recording fees or
any other related expenses.
SECTION V.
GENERAL TERMS AND CONDITIONS
5501. Indemnitica~iqn and Insurance ReauirAmen~..
A. Indemnification:
The Borrower undertakes and agrees to defend, indemnify and
hold harmless the City and any and all of the City's
officers, agents, employees, assigns, and successors in
interest from and against all suits and causes of action,
claims, cost of litigation, damage or liability of any
nature whatsoever, for death or injury to any person,
including Borrower's employees and agents, or damage or
destruction to any property of either party hereto or third
persons in any manner arising by reason of or incident to
the performance of this Agreement on the part of the
Borrower or sub borrower of any tier whether or not
contributed to by any act or omission, active or passive,
negligent or otherwise, except for the sole negligence of
the City, or the sole negligence of any of the City'S
officers, agents or employees. City approval of the
Borrower's performance, or failure to object, shall be no
defense to Borrower concerning its undertaking herein to
defend and indemnify City and others.
B. Insurance:
1. The Borrower shall provide and maintain at its own
expense throughout the term of this agreement the
insurance requirements specified herein. Evidence of
insurance shall be submitted for approval by the City.
The City special endorsement forms, referenced hereto
and incorporated by reference, are the preferred form of
evidence of insurance. Alternatively, Borrower may
submit two (2) certified copies of the full policy
containing the appropriate cancellation notice language
and additional insured/loss payee language as specified.
2. No release of funds from the Escrow Account shall be
made to the Borrower until such time as the Borrower has
complied with all insurance and bonding requirements
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under this Agreement. The City's Additional Insured
Endorsement form, or a form approved by the City,
stating that the Borrower is so insured, must accompany
any demand for funds unless said form has been pre
viously submitted and approved by the City. (Certifica
tion of insurance shall be procured, filed and approved
in strict compliance with City rules and regulations.)
3. With respect to the interests of the City, such in
surance shall not be cancelled, reduced in coverage or
limited or non-renewed, except after thirty (30) days
written notice by receipted delivery has been given to
the Office of the City Attorney, City Hall, 300 North
"D" Street, San Bernardino, CA 92418. POlicies of
insurance and fidelity bonds, except for policies
covering Worker's Compensation and Employees' and
Volunteer's Owned and/or Leased Vehicles, shall name the
City as an Additional Insured and said endorsements or
other evidence of insurance shall so indicate. Fidelity
bonds shall name the city as loss payee or additional
insured. In the event of any cancellation, non-renewal,
reduction or limitation of coverage, or notice that such
will be effected, City may, but is not required to,
obtain insurance to protect its interests, in which
event the cost thereof shall be reimbursed by Borrower
forthwith. Any failure to forthwith reimburse such
expense shall constitute an Event of Default. Borrower
shall also provide to City a list of all other addi-
tional named insureds under the same policy of insur-
ance.
4. The City reserves the right at any time during the term
of this Agreement to change the amounts and types of
insurance required hereunder by giving Borrower ninety
(90) days written notice.
5. The Borrower shall maintain minimum insurance coverages
prescribed in Attachment II of this Agreement, which by
this reference is incorporated herein.
SS02. Prohibition Aaainst Assianment.
A. The Borrower shall not assign this Agreement, nor assign or
transfer any interest or obligation in this Agreement
(whether by assignment or novation) without prior written
consent of the City. No part of the property securing this
Agreement shall be assigned or transferred (except sales of
inventory in the ordinary course of business), nor shall
such property be pledged, without the prior written consent
of City.
B. The Borrower shall not enter into any agreement with any
other party under which such other party shall become the
recipient of claims due or to become due to the Borrower
from the City without prior written consent of the City.
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5503. Limi~a~ion of COrDOrat. Ac~..
In the event that Borrower is a corporation then the
Borrower shall not amend its Articles of Incorporation or
Bylaws, move to dissolve, transfer any assets derived from
funds provided under this Agreement, or take any other steps
which may materially affect its operations vithin the
performance of this Agr....nt vithout first notifying the
City in writing. The Borrower shall notify the City
immediately in writing of any change in the Borrower's
corporate name.
5504. Amendments and Waivers.
This Agreement may not be changed or amended orally, and no
waiver hereunder may be oral, but any change or amendment
hereto or any waiver hereunder must be in writing and signed
by the party or parties against whom such change, amendment,
or waiver is sought to be enforced.
S505. ComDliance with statutes and Reaulations.
A. The Borrower warrants and certifies that in the performance
of this Agreement, it shall comply with all applicable
statutes, rules, regulations and orders of the United
states, the state of California, the County and City of San
Bernardino including laws and regulations pertaining to
labor, wages, hours and other conditions of employment and
the City's anti discrimination provisions and Affirmative
Action Plan which by this reference is incorporated herein.
Borrower further warrants and certifies that it shall comply
with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement,
upon being provided notice thereof.
Borrower covenants that the Davis-Bacon Act as amended, the
Contract Work Hours and Safety Standards Act, and the
Copeland "Anti-Kickback Act" shall be a part of all con
struction contracts awarded by the Borrower pursuant to this
Agreement and all sub contracts thereto.
S506. Conflict of Interest.
A, The Borrower covenants that none of its directors, officers,
employees, or agents shall participate in selecting sub
contractors, or administering subcontracts supported (in
whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the subcontractor,
or where such person knows or should have known that:
1. A member of such person's immediate family , or partner,
or organization has a financial interest in the sub
contract;
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2. The subcontractor is someone with whoa sucb person bas
negotiated or is negotiating any prospective employment;
or
3. The participation of such persons would be prohibited by
the California Political Reform Act, California
Government Code Section 87100 et seq., if such person
were a public officer, because such person would have a
"financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes, but is not limited
to, those persons related by blood or aarriage, such as
husband, wife, father, mother, brother, sister, son,
daughter, father-in-law, motherin-law, brother-in-law,
son-in-law and daughter-in-law.
2. The term "financial or other interest" includes, but is
not limited to:
a. Any direct or indirect financial interest in the
specific contract, including a commission or fee, a
share of the proceeds, prospect of a promotion or
future employment, a profit, or any other form of
financial reward.
b. Any of the following interests in the SUbcontracting
entity: partnership interest or other beneficial
interest of five percent (5') or more of the stock;
employment in a managerial capacity; or membership on
the board of directors or governing body. This
provision shall not apply to serving on the board or
governing body of a non-profit corporation for which
no salary is paid or other compensation.
C. The Borrower further covenants that'no officer, director,
employee or agent shall solicit or accept gratuities,
favors, or anything of monetary value, from an actual or
potential subcontractor, supplier, a party to a sub
agreement, (or persons who are otherwise in a position to
benefit from the actions of any officer, employee or agent).
D. The Borrower shall not subcontract with a former director,
officer, or employee within a one (1) year period following
the termination of the relationship between said person and
the Borrower.
E. Prior to obtaining the City's approval of any subcontract,
the Borrower shall disclose to the City any relationship,
financial or otherwise, direct or indirect, of the Borrower
or any of its Officers, directors or employees of their
immediate family with the proposed subcontractor and its
Officers, directors or employees.
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F. For further clarification of the meaning of any of the terms
used herein, the parties.agree that reference. shall be made
to the guidelines, rules and law. of the City of San Bernar
dino, State of california, and Federal regulation regarding
conflict of interest.
G. The Borrower warrants that it has not paid or given and will
not payor give to any third person any money or other
consideration for obtaining this Agreement.
H. The Borrower covenants that no member, officer, employee of
Borrower shall have any interest, direct or indirect, in any
contract or subcontract of the proceeds thereof for work to
be performed in connection with this project during his/her
tenure as such employee, member or officer or for one (1)
year thereafter.
r. The Borrower shall incorporate the foregoinq subsections of
this section into every agreement that it enters into in
connection with this project and shall substitute the term
"subcontractor" for the term "Borrower" and "Sub-contractor"
for "Subcontractor".
5507. Political Activitv Prohibited.
None of the funds, materials, property or services provided
directly or indirectly under this Agreement shall be used
for any partisan political activity, or to further the
election or defeat of any candidate for public office.
5508, Lobbvina Prohibited.
None of the funds provided under this Agreement shall be
used for any purpose designed to support or defeat any
pending legislation or administrative regulation.
S509. Installation of Financial Assistanca Plan.
The Borrower shall install, or cause to be installed, for
public display upon the project premises a sign, with design
approved by City, identifying the Borrower as receiving
financial assistance from the City, if such a sign is
requested by the Director of Community Development Depart
ment.
S510. Press Releases.
In all communications with the press, television, radio or
any other means of communicating with the general community,
the Borrower shall make specific reference to the City of
San Bernardino Community Development Department as the
sponsoring agency of the project.
S51l. Discrimination Prohibited.
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No person shall on the grounds of race, religion, ancestry,
color, national origin, sex, age, or physical handicap, be
excluded from participation in, be denied the benefit of, or
be subjected to discriaination under this proqraa /project.
For purpose. of thi. Section, title 24, Code of Federal
Requlation. Section 570.601(b) defines specific
discriminatory actions which are prohibited and correction
action which shall be taken in situations as defined
therein.
S512. Nondiscrimination. Eaual EmDlovment Practices and Affirma
tive Action Proaram.
Tbe Borrower shall comply with the nondiscrimination and
affirmative action provisions of the laws of the United
States of America, the State of California, and the City. In
performing this Agreement, the Borrower shall not dis
criminate in its employment practices against any employee,
or applicant for employment because of person'. race,
religion, ancestry, color, national origin, .ex, age or
physical handicap. Any subcontract entered into by the
Borrower relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this
paragraph.
S513. EmDlovment ODDOrtunities for Business and Lower Income
Persons.
Any project/proqram funded in part or in whole with Com-
munity Development funds shall comply with the fOllowing
provisions (referred to as a Section 3 clause:)
1. The work to be performed under this contract (Agreement)
is on a project assisted under a program providing
direct Federal financing assistance from the Department
of Housing and Urban Development and is subject to the
requirements of Section 3 of th. Housing and Urban
Development Act of 1968, as amended, 12 USC 1701u.
Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to
lower income residents of the project area and contracts
(Agreements) for work in connection with the project be
awarded to business concerns which are located in, or
owned in substantial part by persons residing in the
area of the project.
2. The parties to this contract (Agreement) will comply
with the provisions of said Section 3 and the requla
tions issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in Title 24 CFR,
Part 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of
this contract (Agreement) certify and agree that they
are under no contractual or other disability which would
prevent them from complying with these requirements.
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3. The Borrow.r will ..nd to .ach labor organization or
r.pr..entativ. of work.rs with which b. bas a collective
bargaining agr....nt or other contract or und.r.tanding,
if any, a notice advising the said labor organization or
work.r's representative of its commit.ents under tbis
Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants
for employment and training.
4. Tbe Borrower will include this Section 3 clause in every
subcontract for work in connection with the project and'
will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by
the Secretary of Housing and Urban Development, 24 CFR,
Part 135. Tbe Borrower will not subcontract with any
subcontractor where it has notice of knowledge that the
latter has been found in violation of r.gulations under
Title 24, CPR 135 and will not let any subcontract
unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the
requirements of these regulations.
5. Compliance with the provisions of Section 3, the regu
lations set forth in Title 24 CPR, Part 135, and all
applicable rules and order of the Department issued
thereunder prior to the execution of the contract
(Agreement), shall be a condition of the Federal finan
cial assistance provided to the project, binding upon
the applicant or recipient for such assistance, its
successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient,
its Contractors and subcontractors, its successors and
assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal ass is
tance is provided, and to such sanctions as are spec
ified by Title 24 CPR, Part 135.
8514. ParticiDation of Minorities. Women and Small Businesses.
To the fullest extent possible in the administration of this
Agreement, Borrower agrees to provide opportunities for
minorities, women and small businesses to participate in
procurements under this Agreement.
S515. CaDtions.
The section headings appearing herein shall not be deemed to
govern, limit, modify or in any way affect the scope,
meaning or intent of these conditions.
S516. Effect of Leaal Judament.
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Should any covenant, condition or provision herein contained
be held to be invalid by final judgment in any court of
competent jurisdiction, the invalidity of such covenant,
condition or provision shall not in any way affect any other
covenant, condition or provision herein contained.
S5l7.
Chafe. of Law Governina this Aareement.
This Agreement shall be governed by and construed in accor
dance with the laws of the State of California.
S5l8. Prohibition of Leaal Proceedinas.
The Borrower is prohibited from using Grant funds received
under this Agreement, or funds realized as a result of this
Agreement, for the purpose of instituting legal proceedings
against the City or its official representative.
S519. Riahts and Remedies.
In the event any party fails to perform, in whole or in
part, any promise, covenant, or agreement heren, or should
any representation made by it be untrue, any aggrieved party
may avail itself to all rights and remedies, at law or
equity, in the courts of law. Said rights and remedies are
in addition to those provided for herein.
SECTION VI.
ENTiRE AGREEMENT.
S601. Comn1ete Aareement.
This Agreement contains the full and complete Agreement
between the two parties. . No verbal agreement or conversa
tion with any officer or employee of either party shall
effect or modify any of the terms and conditions of this
Agreement.
8602. Ntl1nher of Pacre. and A~tachments.
This Agreement is executed in three (3) duplicate originals,
each of which is deemed to be an original. This Agreement
includes, twenty (~) pages and .
two (2 ) attachments whJ.ch
constitute the entire understanding and agreement of the
parties.
IIII
IIII
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IN WITNESS WHEREOP, the City
Borrower have caused this Aqreeaent
authorized representatives on this
, 19_.
ATTEST:
City Clerk
Approved as to form
and leqal content:
a
Attorney
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of San Bernardino and thee
to be executed by their duly
day of
CITY OF SAN BERNARDINO
Mayor
(CORPORATION)
BY
Corporate President
ATTEST:
BY
Corporate Secretary
(Witness)
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ATTACHMENT I
"EMPLOYMENT ACTION PLAN"
Economic Development proqram
Employment Action Plan
Statement of Borrower
Borrower does hereby state that the funds resultinq from
the Loan Aqreement entered into on behalf of the city of San
Bernardino (hereinafter "City") and Borrower shall be used
solely for furtherinq the purpose of the Economic Development
Proqram (EDP).
The purpose of EDP assistance is to benefit the low and
moderate income residents of the City of San Bernardino
throuqh the creation and/or retention of jobs to said per-
sons. Pursuant to the pUrpose of the EDP the Borrower agrees
to comply with the followinq Employment Action Plan:
Borrower understands and aqrees that in order to deter-
mine that said proqram purpose is beinq met, an Annual
Employment Report shall be filed with the City. Borrower
understands that failure to meet the objectives set forth in
this Employment Action Plan or failure to comply with the
requirements of filinq the Annual Employment Report may
result in the entire outstandinq balance of the loan plus
interest, beinq due upon written demand by the City, pursuant
to Section 302 of the Loan Agreement and this statement.
KJH/lab/0254
Economic Development Program
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INSURANCE REQUIREMENTS
(Attacbllent II)
NAME
AGREEMENT/REFERENCE NUMBER
DATE
'!'he fOllowing coverage. noted with an "X" are required with the
Combined Single Limits (CSL) as noted on the right.
Limits
Worker'. Compen.ation
Employers Liability
( ) Broad Fora All States Endorsement
( ) Voluntary Compensation Endorsement
( ) Longshore.en'. and Harbor Workers'
Compensation Act Endorsement
( )
Statutory
S 100.000
General Liability
( ) Premises and Operations
( ) Contractual Liability
( ) Independent Contractors
( ) Products/Completed Operations
( ) Broad Fora Property Damage
( ) Personal Injury
( ) Broad Fora Liability Endorsement
( ) Pire Legal Liability
( ) Watercraft Liability
( ) Incidental Medical Malpractice
(if applicable)
( ) Explo.ion Hazard
( ) COllapse Hazarel .
( ) Underground Hazard
( ) Garagueepers Legal Liability
( ) Hangar Keeps Legal Liability
( ) awned Automobiles
( ) Nonowned Automobiles
( ) Hired Automobiles
( )
$1.000.000
Automobile Liability (if auto i. used for
this contract.)
Professional Liability (if applicable)
$1.000.000
$ 500.000
Property Insurance
90t value of
building
( ) Extended Coveraqe
( ) Vandalims and Malicious Mischief
( ) Flood
( ) Earthquake $
3
- 1 - .
G) (i (.>> 0
,..
. 0
0 I
e ) Debri. Removal
e ) Sprinkler Leakage
e ) Wind.torm
e ) other
Aircraft Liability (bodily injury and
property damage.)
e ) pa..enger Liability (per seat) $
s
Ocean Marine
s
s
Ocean Marine Liability
( ) Protection and Indemnity
( ) Running Down Clause
( ) Pollution
( ) Jones Act
e ) Wharfingers Liability
( ) Cargo
e ) Inchmaree Clause
e ) Charter'. Legal Liability
( )
Fire Legal Liability
90t of cost
of reolace-
JIlen~.
Fidelity Bond
S 25.000
minimUlll
KJH/lab/0255
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