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HomeMy WebLinkAboutCounty of San Bernardino-2011-11 D ORIGINAL FOR COUNTY USE ONLY Vit7 ❑ New Vendor Code SC Dept. A Contract Number X Change M 04-427 A-2 ❑ Cancel County Department Dept. Orgn. Contractors License No. Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H.Slaughter,Director (909)387-7813 $ F A S Contract Type ❑ (Revenue X Encumbered ❑ Unencumbered ❑ Other STANDARD CONTRACT It not encumbered or revenue contract type,provide reason: SECOND AMENDMENT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2905 60001937 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRG/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Grand Terrace-Library FY Amount I/D FY Amount I/D 22795 Barton Road Contract type-2(d) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Grand Terrace hereinafter called LANDLORD Address 22795 Barton Road Grand Terrace, CA 92313-5295 Telephone Federal ID No.or Social Security No. (909)430-2230 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and LANDLORD have previously entered into a Lease Agreement, Contract No. 04-427, wherein LANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, COUNTY and LANDLORD now desire to amend the Lease Agreement, Contract No. 04-427, to reflect the COUNTY'S exercise of its second of three (3) two-year options extending the term through May 31, 2013. NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 04-427, is amended as follows: 1. EXTEND the term of the Lease as provided in Paragraph 3, TERM, from June 1, 2011 through May 31, 2013. Auditor/Controller-Recorder Use Only ❑Contract Database D FAS Input Date Keyed By Page 1 of 4 • 2. Effective June 1, 2011, DELETE, the existing Paragraph 4, RENT, and SUBSTITUTE therefore the following as a new Paragraph 4, RENT: 4. RENT: a. COUNTY shall pay to LANDLORD the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term: June 1, 2011 thru May 31, 2012—monthly payments of$1,505.00 ($0.43/sq.ft.) June 1, 2012 thru May 31, 2013—monthly payments of$1,575.00 ($0.45/sq.ft.) b. Rent for any partial month shall be prorated based on the actual number of days of the month. All rent shall be paid to LANDLORD at the address to which notices to LANDLORD are given. 3. The parties acknowledge and agree that the following does not apply to the Lease as neither COUNTY nor LANDLORD are direct recipients of the funds described below in connection with the Premises. Notwithstanding the inapplicability of the following, due to COUNTY requirements, add the following as a new Paragraph 50, USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS to Lease Agreement, Contract No. 04-427, which shall read: 50. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS: This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or(Hi)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. LANDLORD must contact the COUNTY contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. LANDLORD 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. LANDLORD 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. Whistleblower Protection: Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1)gross mismanagement of a contract relating to ARRA funds; (2)a gross waste of ARRA funds; (3)a substantial and specific danger to public health or safety related to the Revised 1/13/2009 Page 2 of 4 implementation or use of ARRA funds; or(5)a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract)awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. LANDLORD may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.qov and may be required to have its subcontractors also register in the same database. LANDLORD must contact the COUNTY with any questions regarding registration requirements. 4. The parties acknowledge and agree that the following does not apply to the Lease as neither COUNTY nor LANDLORD are direct recipients of the funds described below in connection with the Premises. Notwithstanding the inapplicability of the following, due to COUNTY requirements, add the following as a new Paragraph 51, SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS to Lease Agreement, Contract No. 04- 427, which shall read: 51. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. LANDLORD agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA)and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, °Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512©. In addition, LANDLORD 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. LANDLORD 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. LANDLORD 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. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Revised 1/13/2009 Page 3 of 4 5. All other provisions and terms of the Lease Agreement, Contract No. 04-427, as previously amended, shall remain the same and are hereby incorporated by reference. END OF SECOND AMENDMENT. COUNTY • SAN BERNARDINO CITY OF GRAND TERRACERA/CE I____ By `f/'l/)//yun"" 'ado Josie Gon -7'! ."of Su (A orized signature-sign in blue ink) Dated: MAY 17 2011 Name: Betsy M. Adams SIGNED AND CERT ..• •.SPY OF THIS DOCUMENT HA We • _'.,8-•! THE Title: City Manager CHAIRMAN OF , F •..L D , �40 •. i*s`�tS Dated: L.9-7- i-// pa*i tu•T isors 4,�. 1�►4 t rain By /l \i`A"' ,4 '9A L: Address: 22795 Barton Road I•. !� „�'y'I,'� 4 S Grand Terrace, CA 92313-5295 •• 4karNOCO .• • APO". tor Fo Reviewed by Contract Compliance Presep l?dd to BOSSffor S n- _., .fi/t// �DdLLLa . /'r tAdA, Al- L.Gree Depu Cou Counsel De a meryyso^4. Date ��7 1/ Date Date SAA Revised 1/13/2009 Page 4 of 4