Contract Number
18-555
SAP Number
Land Use Services Department
Department Contract Representative Andy Wingert
Telephone Number 909-387-4431
Contractor City of San Bernardino
Contractor Representative Captain Richard Lawhead
Telephone Number 909-384-5606
Contract Term Renews Automatically
Original Contract Amount $12,209
Amendment Amount
Total Contract Amount $12,209
Cost Center 6940001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, The County of San Bernardino (COUNTY), through its Land Use Services Department, administers fire/weed hazard abatement (FHA) Program within the unincorporated areas of San Bernardino County pursuant to San Bernardino County Code § 23.0301, et seq.
WHEREAS, The City of San Bernardino (CITY) desires that such services be provided by COUNTY on behalf of the CITY and within the incorporated territorial boundaries of the CITY and the COUNTY agrees to perform these services as set forth below;
NOW THEREFORE, COUNTY and CITY mutually agree to the following terms and conditions:
SERVICES PROVIDED
The County's FHA Program will provide the following services to the CITY:
Conduct initial property surveys twice per year, in early fall and spring to locate and identify fire hazards on vacant parcels in the City.
2. Prepare and mail abatement notices (30 day Notice to Abate) to the owners of the properties in violation.
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3. Conduct re-inspections to determine owner compliance.
Conduct enforcement operations for properties that have not been brought into compliance, including but not limited to, issuance of administrative citations that subject the owners to civil, monetary penalties and conducting court-authorized abatement of the properties at the owners' expense.
Respond to "calls for service" consisting generally of complaints received from the public concerning vacant parcels with fire hazards.
6. All CITY owned parcels will be treated in the same manner as private property and billed separately from this Contract. All such billings shall be subject to applicable prevailing wage provisions, if any, to the extent required by law and unless the abatement services work is done by crews consisting of COUNTY employees.
Abatement of weeds along roadsides or alleys within the CITY boundaries will be performed at the discretion of the COUNTY and only when determined by the COUNTY to be a fire hazard. Billing for all such abatement services will be subject to applicable prevailing wage provisions, if any, to the extent required by law and unless such work is performed by crews consisting of COUNTY employees.
lI. APPLICABLE LAW
Both COUNTY and CITY agree and acknowledge that this Contract shall be construed and interpreted and enforced in accordance with the laws of the State of California.
III. ASSIGNABILITY
Without the prior written consent of COUNTY, this Contract is not assignable by CITY either in whole or in part.
IV. FORMER COUNTY OFFICIALS
CITY agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent CITY. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of CITY. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
V. MISREPRESENTATION
If during the course of the administration of this Contract, the COUNTY determines that the CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies.
VI. CHANGE OF ADDRESS
CITY shall notify COUNTY in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify COUNTY of changes in telephone or fax numbers.
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Vil. IMPROPER CONSIDERATION
CITY shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of COUNTY in an attempt to secure favorable treatment regarding this Contract.
COUNTY, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee, or agent of the COUNTY with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once this Contract has been awarded.
CITY shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CITY. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, COUNTY is entitled to pursue any available legal remedies.
VIll. CONFLICT OF INTEREST
CITY shall make every reasonable effort to prevent the actual or apparent conflict of interest wherein its employees, consultants or members of its governing bodies use their positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event COUNTY determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by COUNTY and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom CITY'S officers, agents, or employees increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis.
IX. RECIPROCAL/MUTUAL INDEMNITY - HOLD HARMLESS
The CITY agrees to defend, indemnify and hold harmless the COUNTY, its officers, employees, agents and volunteers for any and all liabilities for injury to persons and damages to property arising out of any negligent act or omission of the COUNTY, its officers, employees, agents or volunteers in connection with the enforcement of this Contract.
The COUNTY agrees to defend, indemnify and hold harmless the CITY, its officers, employees, agents and volunteers for any and all liabilities for injury to persons and damages to property arising out of any negligent act or omission of the CITY, its officers, employees, agents or volunteers in connection with the enforcement of this Contract.
x. SELF-INSURANCE
The COUNTY is an authorized self-insured public entity for purposes of General Liability, Automobile Liability, Workers' Compensation and Property coverage and warrants that through its program of self- insurance, it has adequate coverage or resources to protect against liabilities arising out of the terms, conditions and obligations of this agreement.
COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement.
XI. COMPARATIVE FAULT
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In the event that the COUNTY and/or CITY are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
XII. REPORTING
When requested, but no more than once quarterly during the term of the Contract, the COUNTY shall provide to the CITY a written narrative report summarizing the services provided under this Contract.
XIII. COMPENSATION
The CITY shall compensate the COUNTY for services as set forth in Section I, SERVICES PROVIDED.
Compensation for this Contract is based on the number of parcels identified by the CITY during fiscal year 2017-2018. The CITY'S contract rate per parcel per survey is $1.90 and there are currently 3,213 vacant parcels to be serviced for a total amount of $12,209 per year. In the event there are additional parcels identified for services, the COUNTY will contact the CITY prior to providing services.
In the event that the number of parcels subject to this contract increases, then CITY will compensate COUNTY for the actual number parcels for which services were performed.
COUNTY will invoice CITY in the month of December each contract year for services provided based on the number of parcels serviced during that timeframe.
Payment for services shall be by check or money order, payable to "County of San Bernardino", and shall be mailed or delivered to the address listed below.
County of San Bernardino
Land Use Services Department
Attn: Accounts Receivable
385 North Arrowhead Avenue, First Floor
San Bernardino CA 92415-0185
The Director of Land Use Services, or authorized designee, has the authority to determine the contract cost per parcel and submit a new proposed cost per parcel no later than January 1 to be effective July 1 of each year. If no new cost per parcel is proposed by the County, then the previous year's cost per parcel shall be applicable for the ensuing year. If a rate change is proposed, the CITY shall have (60) days in which to notify the County in writing of their decision to reject such new cost per parcel and terminate this Agreement or accept the new cost per parcel and continue this Agreement for the ensuing year.
XIV. ENFORCEMENT
In the event of a property owner's noncompliance with a notice to abate, the CITY authorizes the COUNTY, pursuant to Chapter 8.19 of the San Bernardino Municipal Code, to conduct the following enforcement operations within the CITY'S jurisdiction and geographical boundaries:
administrative citations and penalties pursuant to San Bernardino County Code §23.0319
criminal action pursuant to San Bernardino County Code §23.0317 civil action pursuant to San Bernardino County Code §23.0318 CITY waives any and all claims to recovery of any and all monetary enforcement penalties and/or abatement costs sought and/or recovered by COUNTY as a result of any and all enforcement actions taken against owners and/or occupants of properties subject to this Contract and hereby assigns all of its rights to all such claims to the COUNTY.
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XV. AMENDMENTS
All amendments to this Contract, including any exhibits, shall be in writing and signed by the authorized representatives) of the CITY and the Board of Supervisors for the COUNTY.
XVI. TERM AND TERMINATION
The initial term of this contract is September 1, 2018, through June 30, 2019. Subsequent contract periods will have a term of July 1 through June 30. Services performed pursuant to this Contract shall commence on the September 1, 2018, and may be terminated by either of the Parties upon written notice served upon the other at least sixty (60) days prior to the termination date for this Contract then in effect. Upon receipt of such notice, all services not yet performed shall not begin and all amounts to be paid under the terms of this Contract not yet paid shall become immediately due and payable.
This contract supersedes all other prior agreements for FHA services between the CITY and the COUNTY.
The Director of Land Use Services Department, or authorized designee, shall have the power to exercise the County's right of termination of this contract.
XVII. NOTICES
When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.
CITY: City of San Bernardino Police Department COUNTY: County of San Bernardino Attn: Captain Richard Lawhead Land Use Services Department 290 North D Street Attr: Andy Wingert
San Bernardino, CA 92401 385 N. Arrowhead, 1st Floor
San Bemardino, CA 92415-0187
XVIII. SEVERABILITY
If any portion of this Contract is declared by a Court of competent jurisdiction to be invalid, illegal, unconstitutional, or unenforceable, such portion shall be deemed severed.
XIX. ATTORNEYS' FEES AND COSTS
In the event either of the Parties resorts to litigation to resolve any dispute or claim of any kind arising from any of the rights or duties established by this Contract, or to enforce or prevent the breach of any provision of this Contract as set forth herein or for any other purpose, for damages by reason of any alleged breach of any provision of this Contract, or for declaration of such party's rights or obligations under this Contract, or for any other judicial remedy at law or at equity, both Parties, their successors in interest, representatives, employees, and agents shall each bear their own attorney's fees and costs relating to all expenses incurred through such litigation regardless of the nature of the action.
XX. DISPUTES
The parties agree to attempt to resolve any disputes arising out of this Contract informally and in good faith. Each party reserves the right to suspend work or terminate this contract in the event a dispute is not satisfactorily resolved.
XXI. NO TERMS AND PROVISIONS WAIVER
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No waiver of any of the provisions of the Contract shall be effective unless it is made in writing, and refers to the provisions so waived and is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.
XXII. JURISDICTION AND VENUE
The Parties further agree that jurisdiction and venue for any legal action based upon this contract shall lie with the Superior Court of the State of California, in and for the County of San Bernardino, San Bernardino District, Civil and Probate Division.
XXIII. SUCCESSORS AND ASSIGNS
Each of the terms of this Contract shall be binding upon each of the Parties and their respective successors-in-interest, assigns, designees, and their respective representatives, agents, and employees thereof.
XXIV. AMERICAN RECOVERY AND REINVESTMENT ACT
This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States.
A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (i) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (ili) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination.
Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement.
The above-described provisions constitute notice under ARRA of the Buy American and wage rate requirements. CITY must contact the COUNTY contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. CITY will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. CITY agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision.
Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract.
CITY may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database.
Contractor must contact the County with any questions regarding registration requirements.
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Revised 10/18/17 Page 6 of 7
Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, CITY agrees to separately identify to each subcontractor and document at the time of sub- contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds.
CITY may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract.
XXV. CONCLUSION
This Contract, consisting of seven (7) pages is the full and complete document describing services to be rendered by CITY to COUNTY including all covenants, conditions and benefits.
The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document [COUNTY OF SAN BERNARDINO] City of San Bernardino
(Print or type fame of corporation, company, contractor, efc.) By indua/ Lillis
Robert A. Lovingood, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: JUL 24 2018 Name Andrea M. Miller
SIGNED AND CERT DIED THAT COPY OF THIS (Print or type name of person signing contract) BOARD Title City Manager
CHAIRMAN OF THE (Print or Type)
AN FERNARIANO
By Dated: July 16. 2018
Deputy
Address 290 North D Street
TER ARDINO COUNTE
San Bernardino, CA 92401
FOR COUNTY USE ONLY
Approved asto Legal Fom- Reviewed for Cortract Compliance Reviewed/Approved by Department -Hap • h
John Tubbs, Deputy County Counsel Nigholas Longo, Administrative Manager Terri Rah hal themSaoke, intorin Director Date 7/13/18 Date 2/18/18 Date 7-18-18
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