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HomeMy WebLinkAboutCouncil Memorandum EXHIBIT A CONTRACT This Contract is made and entered into this day of March 2018, by and between the City of San Bernardino, hereinafter referred to as "CITY", and the Housing Authority of the County of San Bernardino, hereinafter referred to as "HACSB." WITNESSETH WHEREAS, the CITY has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383 hereinafter referred to as the "ACT"; and, WHEREAS, CITY Economic Development and Housing Department, hereinafter referred to as "EDH", is authorized to act on behalf of CITY in administering the CITY CDBG program; and, WHEREAS, HACSB desires to participate in the CITY CDBG program and is qualified by reason of experience to manage and carry out a CDBG eligible activity; and, WHEREAS, all activities funded with CDBG funds must meet one of the CDBG program's National Objectives, CITY recognizes the public benefit in providing a program of low and moderate income housing; and, WHEREAS, on December 19, 2016 the Mayor and City Council approved a substantial amendment to the 2015-2019 fiscal year Consolidated Plan; and, WHEREAS, on January 17, 2018 the Mayor and City Council adopted Resolution No. 2018-21 amending the 2017-2018 fiscal year Annual Action Plan, and as part of that amendment allocated $900,000 of CDBG funds for the demolition of vacant housing units are Arrowhead Grove.; NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. SCOPE OF SERVICES HACSB will manage and carry out the demolition of vacant housing units located on HACSB property known as Arrowhead Grove (formerly Waterman Gardens). A full description of the services provided in this Contract is contained in Exhibit 1 of 5 PROJECT/ACTIVITY DESCRIPTION. Unless specified otherwise, EDH shall have the authority to represent CITY regarding the terms and conditions of this Contract and the administration thereof. 2. TERM OF CONTRACT The term of this Contract is from April 18, 2018 through April 17, 2019. Page 1 of 15 3. COMPENSATION AND METHOD OF PAYMENT For performance of such services, CITY shall provide CDBG funds not to exceed $900,000. This payment shall constitute full and complete compensation for services provided under this Contract by HACSB. For the purpose of this Contract, CITY shall disburse compensation and monitor HACSB's performance in satisfying the scope of work obligations under the terms of this Contract. Disbursement of payments to HACSB shall be made by monthly reimbursements, contingent upon CITY's receipt of a monthly summary statement for each previous month's expenditures which conforms to the BUDGET SUMMARY, attached hereto as Exhibit 2 of 5. Monthly expenditure reports shall be documented with "audit ready" supportive evidence for each expenditure and proof of payment, in accordance with HUD regulations. The monthly expenditure report submitted by HACSB must list the "Other Sources" that are co-funding budget line items and personnel as stated in Exhibits 3 of 5, BUDGET JUSTIFICATION. Reimbursements shall be limited to the total of approved and properly documented expenditures. All reimbursement requests must be submitted no later than 60 days after the expiration of this Contract. Requests received after said 60-day period shall be considered non-compliant and not eligible for reimbursement under the terms of this Contract. HACSB must submit said monthly expenditure reports by the 10th day of every calendar month regardless of expenditure amount. After receipt by CITY of each properly documented expenditure report, CITY will draw a warrant in favor of HACSB for the approved expenditure amount. HACSB shall accept all payments from CITY via electronic funds transfer (EFT) directly deposited into HACSB's designated checking or other bank account. HACSB shall promptly comply with directions and accurately complete forms provided by CITY required to process EFT payments 4. BUDGET SECTION No more than the amounts specified in the BUDGET SUMMARY, attached hereto as Exhibit 2 of 5, may be spent for the separate cost categories specified in the Budget Summary without prior written approval of CITY. Contract Exhibit 3 of 5, BUDGET JUSTIFICATION will note the basis of valuation for each cost category shown on the BUDGET SUMMARY. 5. USE OF FUNDS Funds allocated pursuant to this Contract shall be used exclusively for costs included in HACSB's project budget. Contract funds shall not be used as security or to guarantee payments for any non-program obligations, or as loans for non-program activities. 6. BUDGET MODIFICATIONS EDH Director may grant budget modifications to this Contract for the movement of funds within the budget categories identified in Exhibit 2 of 5, BUDGET SUMMARY, when such modifications: a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by HACSB; c. Do not alter the amount of compensation under this Contract; d. Will not change the project goals or scope of services; e. Are in the best interests of CITY and HACSB in performing said services. Page 2 of 15 7. CHANGES IN GRANT ALLOCATION CITY reserves the right to reduce the grant allocation when CITY's fiscal monitoring indicates that HACSB's rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be made after consultation with HACSB. Such changes shall be incorporated into this Contract by written amendments. 8. REVENUE DISCLOSURE REQUIREMENT By its execution of this Contract, HACSB certifies that it has previously filed with EDH, a written statement listing all revenue received, or expected to be received, by HACSB from federal, state, county or CITY sources, or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs incurred by HACSB in conduct of current project, which is the subject of this Contract. HACSB shall make available for inspection and audit to CITY representatives, upon request, at any time during the duration of this Contract and during a period of five years thereafter, all of its books and records relating to the operation of project which is subject to this Contract. All such books and records shall be maintained by HACSB at a location in San Bernardino County. Failure of HACSB to comply with the requirements of this section of the Contract shall constitute a material breach of Contract upon which CITY may cancel, terminate, or suspend this Contract. 9. JOINT FUNDING For programs in which there are sources of funds in addition to CDBG funds, HACSB shall provide proof of such funding. CITY shall not pay for any services provided by HACSB, which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting applies to the total program regardless of funding sources. 10. FISCAL LIMITATIONS While not presently anticipated, HUD may, in the future, place programmatic or fiscal limitation(s) on CITY CDBG funds. Accordingly, CITY reserves the right to revise this Contract in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of HACSB's authority to commit and spend funds, or may restrict HACSB's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to cost category, with respect to funding for this Contract, EDH may act for CITY in implementing and effecting such a reduction and in revising the Contract for such purpose. Where CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of HACSB, CITY may act to suspend the operation of this Contract for up to 60 days upon three days notice to HACSB of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by HACSB before it receives notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 11. USE OF FUNDS FOR ENTERTAINMENT, GIFTS, OR FUND RAISING ACTIVITIES HACSB certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fund raising activities. Page 3 of 15 12. MONITORING EDH staff will conduct periodic monitoring and project progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals attained, and effectiveness of project management. Authorized representatives of CITY and HUD shall have the right of access to all files, records, and other documents related to the performance of this Contract. HACSB will permit on-site inspection by CITY, and HUD representatives when requested. 13. PROJECT REPORTING AND RETENTION OF RECORDS HACSB agrees to prepare and submit financial, project progress, and other reports as required by HUD or CITY directives. HACSB shall maintain such project, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or CITY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by HACSB for a minimum of five years. The retention period starts from the date the CITY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said CITY submission will follow HACSB's final submission to CITY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG- purchased equipment begins at the end of the equipment's use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of CITY fiscal year in which the income is earned. All HACSB's records, with the exception of confidential client information, shall be made available to representatives of CITY and the appropriate federal agencies. HACSB is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the EDH Director. By the 10th day of each month, HACSB shall submit a completed MONTHLY PROJECT PROGRESS REPORT, Exhibit 5 of 5, for the month being reported. 14. ACCOUNTING HACSB must establish and maintain on a current basis an adequate accounting system in accordance with HUD directives and Generally Accepted Accounting Principles. 15. AUDITS HACSB is required to arrange for an independent financial audit performed within the direction of Generally Accepted Auditing Standards and Government Auditing Standards. Said audit shall be conducted for the term of this Contract. When HACSB receives $500,000 or more in federal funds from all funding sources within a fiscal year, the required audit must be performed in compliance with OMB Circular A-133, Subpart B Section 200(a) Audit Requirements. HACSB shall submit a copy of the audit report to CITY within nine months after the end of the audit period. Within 30 days of the submittal of said audit report, HACSB shall provide to CITY a written response to any concerns or findings identified in said audit report. The response must examine each concern or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All actions to correct said conditions or findings shall be taken within six months after receipt of the audit report. CITY, or any state or federal agency, may make additional audits or reviews, as necessary, to carry out the responsibilities of HACSB under CITY, state or federal laws and regulations. Page 4 of 15 HACSB agrees to cooperate fully with all persons conducting said additional audits or reviews. CITY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records and premises of HACSB. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require an additional audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should CITY subsequently determine that the additional audit was not warranted, the amount encumbered will be restored to the Contract budget. HACSB shall reimburse all misappropriation or misapplication of funds to CITY. In the event CITY uses the judicial system to recover misappropriated or misapplied funds, HACSB shall reimburse CITY legal fees and court costs in addition to awards. 16. ASSIGNMENT This Contract is not assignable by HACSB without the express written consent of CITY. Any attempt by HACSB to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 17. SUSPENSION OR TERMINATION This Contract may be terminated in whole or in part at any time by either party upon giving a 30- day notice in writing to the other party. CITY may pursue such remedies as are available to it in accordance with 24 CFR 85.43, including but not limited to suspension or termination of this Contract, if HACSB materially fails to comply with any terms or conditions of this Contract, which include, but are not limited to, the following: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of HACSB to fulfill in a timely and proper manner its obligations under this Contract; C. Ineffective or improper use of funds provided under this Contract; D. Submission by HACSB to CITY reports that are incorrect or incomplete in any material respect; or E. Failure to take satisfactory corrective action as directed by the CITY. In accordance with 24 CFR 85.44, this Contract may also be terminated for convenience by either the CITY or HACSB, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. If, in the case of a partial termination, however, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 84.61, Termination for Convenience. EDH is hereby empowered to give said notice subject to ratification by the Mayor and City Council. CITY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible or impossible. If HACSB materially fails to comply with any term of this Contract, CITY may take one or more of the actions provided under federal regulation at 24 CFR Part 84.62, Enforcement, which includes Page 5 of 15 temporarily withholding cash, disallowing non-compliant costs, wholly or partly suspending or terminating the award, withholding further awards, and other remedies that are legally available. In such an event, HACSB shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have not been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD. 18. REVERSION OF ASSETS Upon Contract termination, HACSB shall transfer to CITY all CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 19. TIME OF PERFORMANCE MODIFICATIONS EDH Director may grant time of performance modifications to this Contract when such modifications: a. In aggregate do not exceed 6 calendar months; b. Are specifically requested by HACSB; c. Will not change the project goals or scope of services; d. Are in the best interests of CITY and HACSB in performing the scope of services under this Contract; and e. Do not alter the amount of compensation under this Contract. 20. INDEPENDENT CONTRACTOR All parties hereto in the performance of this Contract will be acting in independent capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever. 21. CONTRACT COMPLIANCE HACSB shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, HACSB shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program. HACSB shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal, state and CITY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 22. DISCRIMINATION HACSB agrees to comply with the nondiscrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable, which stipulates that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part pursuant to agreement. Page 6 of 15 • Additionally, HACSB shall not, on the grounds of race, color, sex/gender, sexual orientation, familial status, religion, national origin, creed, ancestry, marital status, age or disability or handicap: A. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Contract; B. Provide any facilities, financial aid, services or other benefits which are different, or are provided in a different manner, from those provided to others under this Contract; C. Subject an individual to segregated or separate treatment in any facility, or in any matter if process related to receipt of any service or benefit under this Contract; D. Restrict an individual's access to or enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Contract; E. Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or a benefit under this Contract;. F. Deny anyone an opportunity to participate in any program or activity as an employee that is different from that afforded others under this Contract. 23. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES HACSB agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, HACSB agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. 24. WOMEN AND MINORITY-OWNED BUSINESS (W/MBE) HACSB will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Contract. As used in this Contract, the terms "small business" means a business that meet the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632) and "minority and women's business enterprises" means a business at least fifty- one (51%) percent owned and controlled by minority group members or women. For the purpose of this definition "minority group members" are Afro-American, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. HACSB may rely on written representation by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 25. CONFLICT OF INTEREST HACSB shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State Conflict of Interest Regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal Conflict of Interest Regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies, rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of HACSB, who exercises any functions or responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision making process or Page 7 of 15 gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this Contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/her tenure. HACSB shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 26. FORMER CITY OFFICIALS HACSB agrees to provide or has already provided information on former CITY Administrative Officials (as defined below) who are employed by or represent HACSB on this project. The information required includes a list of former CITY Administrative Officials, who terminated CITY employment within the last five years and are now officers, principals, partners, associates, or members of the business. The information also includes the employment with or representation of HACSB. For purposes of this provision, "CITY Administrative Official" is defined as a member of the City Council or such Council Member's staff, City Administrative Officer or member of such Officer's staff, City Department Head, Assistant Department Head, or any employee in the, Management Unit. 27. INDEMNIFICATION HACSB agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless the CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. HACSB's indemnification obligation applies to the CITY's "active" as well as "passive" negligence but does not apply to the CITY's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. This provision shall survive the termination of this Contract. 28. INSURANCE REQUIREMENTS HACSB agrees to provide insurance set forth in accordance with the requirements herein. If HACSB uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, HACSB agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Without in anyway affecting the indemnity herein provided and in addition thereto, HACSB shall secure and maintain throughout the contract term the following types of insurance with limits as shown: Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of HACSB and all risks to such persons under this contract. With respect to contractors that are non-profit corporations organized under California or federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. Commercial/General Liability Insurance - HACSB shall carry General Liability Insurance covering all operations performed by or on behalf of HACSB providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: Page 8 of 15 (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards. (e) Personal injury. (f) Contractual liability. (g) $2,000,000 general aggregate limit. Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If HACSB is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If HACSB owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Additional Insured -All policies, except for the Workers Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. Waiver of Subrogation Rights - HACSB shall require the carriers of required coverages to waive all rights of subrogation against the CITY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto, liability insurance coverage provided shall not prohibit HACSB and HACSB's employees or agents from waiving the right of subrogation prior to a loss or claim. HACSB hereby waives all rights of subrogation against the CITY. Policies Primary and Non-Contributory - All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the CITY. Severability of Interests - HACSB agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between HACSB and the CITY or between the CITY and any other insured or additional insured under the policy. Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A-VII". Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of$10,000 shall be declared to and approved by CITY. 29. PROOF OF COVERAGE HACSB shall furnish Certificates of Insurance to the EDH evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services Page 9 of 15 hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and HACSB shall maintain such insurance from the time HACSB commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, HACSB shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 30. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 84; and U.S. Office of Management and Budget Circulars A-122, and A-133. 31. SUSPENSION AND DEBARMENT By entering this Contract, HACSB certifies that HACSB, including its principals, is not suspended or debarred from participating in federally funded contracts and sub-awards. 32. AMENDMENTS: VARIATIONS This writing with exhibits/attachments embodies the whole of this Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 33. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: City of San Bernardino HACSB Economic Development and 715 E Brier Drive Housing Department San Bernardino, CA 92408 290 North D Street Attn: Judy David San Bernardino, CA 92401 Page 10 of 15 34. COUNTERPART EXECUTION This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year written above. CITY OF SAN BERNARDINO HACSB A California Municipal Corporation Andrea M. Miller, City Manager Maria Razo, Executive Director Dated: Dated: ATTEST City of San Bernardino Georgeann Hanna, City Clerk Approved as to form: City Attorney Page 11 of 15 EXHIBIT 1 of 4 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT Proiect/Activity Title: Arrowhead Grove Demolition City Project Number: Name/Address of Contractor Agency: Date of Issue: HACSB 715 E. Brier Drive San Bernardino, CA 92408 Original: Beginning Amendment No. PROJECT/ACTIVITY DESCRIPTION ACTIVITY: To demolish 92 units, in 41 buildings, to support the ongoing revitalization of Arrowhead Grove (formerly Waterman Gardens) affordable housing development, in the City of San Bernardino. MEASURABLE UNITS: 92 vacant units in 41 buildings. PROGRAM PARTICIPANT PERFORMANCE STANDARDS: - CDBG Activity: Low Moderate Income (LMA) - Measurable Outcome: CONTRACTOR AGENCY will provide measurable, quantified outcome results for the period of this contract. The measurable outcome will be the demolition of 92 vacant housing units at Arrowhead Grove. Page 1 of 1 EXHIBIT 2 of 4 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT Proiect/Activity Title: Arrowhead Grove Demolition Name/Address of Contractor Agency: HACSB 715 E. Brier Drive San Bernardino, CA 92408 X Original: Beginning 4/18/2018 Amendment No. BUDGET SUMMARY COST CATEGORY CDBG SHARE $ OTHER SOURCES $* TOTAL COST $ 1) Architectural & $70,000 N/A $70,000 Engineering: 2) Permits/Local $15,000 N/A $15,000 Review Application: 3) Construction: $675,000 $350,000 $1,025,000 HACSB 4 Environmental $140,000 N/A $140,000 Report & Contingency: TOTALS $900,000 $350,000 $1,250,000 *If costs are to be shared by other sources of funding, identify the source by name/agency and amount. SUMMARY— OTHER SOURCES OF FUNDING: 1. HACSB $ 350,000 2. $ 3. $ TOTAL: $ 350,000 Page 1 of 1 EXHIBIT 3 of 4 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT Proiect/Activity Title: Arrowhead Grove Demolition Name/Address of Contractor Agency: HACSB 715 E. Brier Drive San Bernardino, CA 92408 X Original: Beginning 4/18/2018 Amendment No. INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File w/ EDH COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ EDH Annual Aggregate $ Certificate of Insurance Attached _Yes _ No: On File w/ EDH Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: Per Person $ Per Accident $ Damage Liability $ Combined Single Limit $ ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ EDH Annual Aggregate $ Certificate of Insurance Attached _Yes _ No: On File w/ EDH PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ EDH Annual Aggregate $ Certificate of Insurance Attached _Yes _ No: On File w/ EDH Page 1 of 1 EXHIBIT 4 of 4 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND HOUSING DEPARTMENT Proiect/Activity Title: Arrowhead Grove Demolition Name/Address of Contractor Agency: HACSB 715 E. Brier Drive San Bernardino, CA 92408 X Original: Beginning 4/18/2018 Amendment No. MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of , 201_ PART I: MONTHLY PROGRAM PROGRESS REPORT A. Units of Service Provided and Description On the lines provided under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of"Units of Service" provided, as defined in the Project/Activity Description (Exhibit 1 of the agreement). Attach additional pages if needed. Type of Service: Anticipated Units of Service: 1. Goal/mo.: Actual/mo.: 2. Goal/mo.: Actual/mo.: 3. Goal/mo.: Actual/mo.: Signed Title Date Printed Name Telephone No./Ext. Page 1 of 1 1 RESOLUTION NO. 2016-73 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 3 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES 4 TOWING, DANNY'S TOWING, TRI-CITY TOWING, BIG "Z" AUTO WORKS, AND WILSON TOWING. 5 WHEREAS, on August 15, 2005, the Mayor and Common Council passed Resolution 6 2005-286 establishing standard towing criteria for the six tow carriers on the City's tow 7 rotation and authorizing a form of tow services agreement attached to the Resolution; and 8 WHEREAS, the City Manager's office has worked with the Tow Carriers and Police Department to agree on updated franchise and other fees and a separate and updated 9 Tow Services Agreement; and 10 WHEREAS, implementation of the updated franchise fee and new Tow Services 11 Agreement requires an amendment to the current Tow Services Agreements. Resolution No. 12 2005-286, which will continue to govern involuntary tows as amended; and 13 WHEREAS,the Tow Services Agreement has been reorganized for ease of understanding; the provisions of Resolution No. 2005-286 regarding franchise fees, 14 assignment and term have been revised; and 15 WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier 16 Agreements to such amendments, changes and modifications to Resolution No. 2005-286 as 17 contained in the Tow Services Agreements; and 18 WHEREAS, this action is exempt from CEQA as it is the amendment of an existing regulatory enactment. 19 20 NOW,THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 21 BERNARDINO, AS FOLLOWS: 22 Section 1. The City Manager is hereby authorized to execute Amendment No. Two to 23 the Tow Services Agreements with City Towing, Hayes Towing, Danny's Towing, Tri-City Towing, Big"Z" Auto Works, and Wilson Towing , copies of which are attached hereto as 24 Exhibits "A-F" and incorporated herein. 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 2 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES TOWING, DANNY'S TOWING, TRI-CITY TOWING, BIG "Z" AUTO WORKS, AND 3 WILSON TOWING. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 4t'day of April, 2016, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 14 NICKEL X 15 RICHARD X 16 MULVIHILL X 17 18 Georg Hanna, C, City Clerk 19 20 The foregoing resolution is hereby approved this day of April, 2016. 21 22 R. Carey Davis/Mayor 23 City of San B rnardino 24 Approved as to form: Gary D. Saenz, City Attorney 25 B AQ CAA 'Cc--V— 26 27 28 2016-73 Exhibit A AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, City Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 530 W 10th Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle -a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES Page I of 2 2016-73 Exhibit A AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2016 VENDOR: City Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit A AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016,BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, City Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 530 W 10th Street, San Bernardino, California (the "VENDOR') (individually CITY or VENDOR may be referred to as a PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement(the"Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the PARTIES hereby agree as follows: 1.RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit A AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 5=--24 p2o/G, 2016 VENDOR: City Towing By:y Its: 6w'--Ps Dated °, 2016 CITY OF SAN BERNARDINO By: I'Kf . "J Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit B AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Hayes Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 5486 Industrial Parkway, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement(the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit B AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2016 VENDOR: Hayes Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. co—"— C TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit B AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Hayes Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 5486 Industrial Parkway, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle -a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit B AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: / 1 2016 VENDOR: Hayes Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit C AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Danny's Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 2305 W. Highland Avenue, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit C AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 92016 VENDOR: Danny's Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit C AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Danny's Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 2305 W. Highland Avenue, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES Page l of 2 2016-73 Exhibit C AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the dayanddatesetforthbelow. Dated: 2016 VENDOR- ny's Towing By:C Its: Dated `` 12016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit D AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Tri-City Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 1661 W. Walnut Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement(the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit D AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12016 VENDOR: Tri-City Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B y 2t TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES Page 2 of 2 20.16-73 Exhibit D AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016,BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Tri-City Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 1661 W. Walnut Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the CityCharter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit D AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2016 VENDOR: Tri-City Towing By: Its: Dated 4nl /t , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit E AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Big "Z" Auto Works, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 274 N. I Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES Page I of 2 2016-73 Exhibit E AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2016 VENDOR: Big Z Auto Works By: Its: Dated 12016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES Page 2 of 2 F 2016-73 Exhibit E AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Big "Z" Auto Works, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 274 N. I Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement (the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit E AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. lv/Dated: 2 12016 VENDOR: Big Z Auto Works By: Its: Dated kv 4 ' 2016 CITY OF SAN BERNARDINO By: Aea 14 Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit F AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Wilson Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 2310 E. 3`d Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement(the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit F AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12016 VENDOR: Wilson Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney s By: 6—) TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES Page 2 of 2 2016-73 Exhibit F AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April, 2016, BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the CITY"); AND, Wilson Towing, a towing provider, incorporated under the laws of the State of California and having its principal place of business at 2310 E. 3Cd Street, San Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be referred to as a PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Service Agreement(the "Agreement") for involuntary tow service; and, WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. RECITALS. Section E is hereby deleted. 2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional five (5) years commencing on the effective date. 3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June 30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8 July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June 30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at 91.58/vehicle. 4. Effective Date. This Agreement shall take effect in the manner as provided in the City Charter. TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES Page 1 of 2 2016-73 Exhibit F AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2016 VENDOR: Wilson Towing By: Its: Dated 2016 CITY OF SAN BERNARDINO By: / a '4 Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: t7 C"S— TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING SERVICES Page 2 of 2