SAN BENITO COUNTY BOARD OF SUPERVISORS Anthony Botelho Robert Rivas Jeny Muenzer Jaime De La Croz Dlstricl No.2 District No.3 District No. 4 DIstrict No.5 Chaff Vl~." County Administration Building - Board of SuperviSOrs Chambers, 481 Fourth She!, Hollister. Califomla
Margie Barrios District No. l '
REGULAR MEETING AGENDA FEBRUARY 19, 2013 Mission Statement The County Board of Supervisors will recognize the public trust it holds, will on all occasions conduct business with honesty, integrity, and respect for the Individual, and will hold the organization of County government to that same standard. The San Benito County Board of Supervisors welcomes you to this meeting and encourages your participation. • If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Comment period at the beginning of the meeting. Please complete a Speaker Card and provide it to the Clerk of the Board prior to the meeting. Except as otherwise provided by law, no action shall be taken on any Item not appearing on the agenda. When addressing the Board, please state your name for the record. Please address the Board as a whole through the Chair. • If you wlsh 'to speak on an item contained in the agenda please complete a Speaker Card identifying the item(s) and provide it to the Clerk of the Board prior to consideration of the Item. Each Individual speaker will be limited to II presentation total of three (31 minutes.
a)
Pledge of Allegiance to be led by Supervisor Rivas.
b)
Acknowledge Certificate of Posting.
c)
Public Comment: Opportunity to address the Board on items of interest not appearing on the agenda. No action may be taken unless provided by Govt. Code Section 54954.2.
d)
Department Head Announcements: Information only.
e)
Board Announcements: Information only.
~~~~!~a~s~a~
and without a particular item is removed from the Consent Agenda. Approval of a consent item means approval of the recommended action as specified on the Agenda Item Transmittal. If any member of the public wishes to comment on a Consent Agenda Item, please fill out a speaker card, present it to the Clerk prior to consideration of the Consent Agenda and request the item be removed and considered separately.
CHILDCARE LOCAL PLANNING COUNCIL - K. Bobsin: (Page 6-9) 1) Certify the annual Childcare Local Planning Council membership and authorize the Chair to sign certification statement.
1 Agenda
Page 1 of 4
February 19, 2013
HEALTH & HUMAN SERVICES AGENCY - M. Corona: (Page 10-29) 2) Adopt Resolution approving the Operation and Maintenance contract between the State Department of Housing and Community Development (HCD) and the County of San Benito in the amount of $396,763; and authorize the HHSA Interim Director to sign said contract. (Res. No. 2013-14) (Page 30-31) PLANNING DEPARTMENT - G. Armstrong: 3) Approve budget transfer in the amount of $67,000 to Budget #1001-272 for costs related to the General Plan Update. (4/5 vote) PUBLIC WORKS DEPARTMENT - S. Wittry: (Page 32-42) 4) Approve Use Agreement with Hollister Heat for construction of roof Structure within the Veterans Memorial Park. (Page 43-46) SHERIFF'S OFFICE - D. Thompson: 5) Approve agreement with Venus Azar, MD for autopsy services at the Monterey County coroner's facility effective February 1, 2013 through December 31,2013; and authorize the Sheriff to sign said contract. SHERIFF'S OFFICE - D. Thompson: (Page 47-56) 6) Accept the Off-Highway Motor Vehicle Grant award in the amount of $17,158 and approve the Budget AdjustmentlTransfer increasing appropriations and revenue in the amountof$17,158. (4/5 vote) SHERIFF'S OFFICE - D. Thompson: (Page 57-64) 7) Approve Coordinated Special Weapons and Tactics (SWAT) Agreement with Monterey County Sheriff's Office for the period of January 21, 2013 and continue until terminated by any participating party; and authorize Sheriff to sign said agreement.
CLERK/AUDITOR/RECORDER - J. P. Gonzalez: (Page 65-122) 8) Conduct a public hearing to amend Sections 5.01.035 and 5.01.036 of the San Benito County Code, establishing new fees and amending existing fees in the fee schedule for the offices of the County Clerk, Recorder and Registrar of Voters; and adopt Ordinance, amending Sections 5.01.035 and 5.01.036 of the San Benito County Code, establishing new fees and amending existing fees in the fee schedule for the offices of the County Clerk, Recorder and Registrar of Voters. (Ord. No. 913) IREGU1ARAc;~NOA:'
......
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For each regular agenda item, the following schedule shall occur: a) Staff report. b) Public opportunity to address the Board on a particular agenda ftem, Please fill out card and present it to the Clerk prior to consideration of the item, c) Consideration by the Board,
a speaker
2 Agenda
Page 2 of4
February 19, 2013
I
COUNTY ADMINISTRATION OFFICE - R. Espinosa: (Page 123) 9) Discussion regarding San Benito County Fire Protection; and provide direction to staff. (Page 124-132) COUNTY ADMINISTRATION OFFICE - R. Espinosa: 10) Review and discuss documents for the FY 2013-2014 Budget Hearings. (Page 133-225) HEALTH & HUMAN SERVICES AGENCY - M. Corona: 11) Discussion and provide direction regarding the operations of the San Benito County Unaccompanied Adult Farm Labor Camp. (Page 226-228) INTEGRATED WASTE MANAGEMENT - M. Rose: 12) Review the proposal from Waste Connections Inc., and direct staff as appropriate. PLANNING DEPARTMENT - G, Armstrong: (Page 229-239) 13) Discuss the Groundwater Extraction proposed ordinance revisions to Chapter 15.05 of Title 15 of the San Benito County Code; and direct staff to conduct any necessary CEQA analysis on the proposed changes, and then bring back the proposed changes to the Board for further consideration and potential adoption.
I CLOSED~$ES$IPN:.. :'··P.'i':'·
:.
;;:;: '\'
;,.~.S.;··~:tJt C{,·· "'\ " \.;;',;/,.;;" '< I
Matiers discussed during Closed Session include existing and pending litigation, personnel matiers and real property negotiations. Reportable actions taken by the Board during Closed Session will be announced during open session. (Gov. Code Section 54957.1(a) & (b), Ralph M. Brown Act.)
14)
(Page 240) Conference with Labor Negotiator: Authority: California Government Code Section 54957.6 Agency Designated Chief Negotiator: JoDan and Associates, Linzie Daniel and/or Management Analyst Jacki Credico and Interim CAO Ray Espinosa Employee Organizations: Management Employees' Group
15)
Conference with Legal Counsel-Anticipated Litigation (Page 241) Significant Exposure to litigation pursuant to subdivision (d) of Section 54956.9: Number of Cases: (1) Closed session is authorized by Section 54956.9(d)(2), and (e)(2): The State Controller's Office states the County of San Benito underfunded the Education Revenue Augmentation Fund (ERAF) from July 1,1991 and June 30, 2001 .
16)
Conference with Legal Counsel-Anticipated Litigation (page 242) SignifiCant Exposure to litigation pursuant to subdivision (d) of Section 54956.9: Number of Cases: (1) Closed session is authorized by Section 54956.9(d)(2),and (e)(1)
17)
(Page 243) Conference with Real Property Negotiator Property: Palmtag Ranch (APN 020-170-017), off of Cienega Road, Hollister, CA Agency Negotiator(s): Steve Wittry, Public Works Administrator; Ray Espinosa, Interim CAO, Janelle Cox, Management Analyst, Matthew Granger, County Counsel, and Shirley Murphy, Deputy County Counsel Negotiating Parties: Ron Ross, on behalf of the property owners 3
Agenda
Page 3 of4
February 19. 2013
Under Negotiation: price and terms of payment Authority: California Government Code §54956.8 18)
Public Employee Performance Evaluation Title: Interim County Administrative Officer Government Code Section: 54957
(Page 244)
ADJOURN TO TUESDAY, MARCH 5, 2013 AT 9:00 A.M. NOTE: A copy of this Agenda is published. along with supportive documents. on the County's Web site on the Friday preceding each Board meeting and may be viewed at www.cosb.us/governmentlmeetingsagendas/. All proposed agenda items with supportive documents are also available for viewing at the San Benito County Administration Building, 481 Fourth Street, Hollister, CA between the hours of 8:00 a.m. & 5:00 p.m., Monday through Friday (except holidays). This is the same packet that the Board of Supervisors reviews and discusses at each Board meeting. As required by Gov. Code Section 54957.5 any public record distributed to the Board of Supervisors less than 72 hours prior to this meeting in connection with any agenda item shall be made available for public inspection at the office of the Clerk of the Board, San Benito County Administration Building, 481 Fourth Street, HolI/ster, CA 95023. Public records distributed during the meeting will be available for public inspection at the meeting if prepared by the County. If the public record is prepared by some other person and distributed at the meeting it will be made available for public inspection following the meeting at the office of the Clerk of the Board.
In compliance with the Americans with Disabilities Act (ADA) the Board of Supervisors meeting facility Is accessible to persons with disabilities. If you need special assistance to partiCipate in this meeting, please contact the Clerk of the Board's office at (831) 636-4000 at least 48 hours before the meeting to enable the County to make reasonable arrangements to ensure accessibility.
4 Agenda
Page 4 of 4
February 19, 201 3
SAN BENITO COUNTY BOARD OF SUPERVISORS CERTIFICATE OF POSTING Pursuant to Government Code Section #59454.2(a), the agenda for the San Benito County Board of Supervisors meeting of February 19, 2013 was posted on the 15th day of February, 2013 at 12:00 p.m., at the following locations, freely accessible to the public:
The front entrance of the County Courthouse, Monterey Street City of Hollister, San Benito County, State of California and The lobby of the San Benito County Administration Building, 481 Fourth Street, Hollister, CA )
I, DENISE R. THOME, certify under penalty of perjury, that the foregoing is true and correct.
DENISE R. THOME CLERK OF THE BOARD
5
ITEM TRANSMITTAL TO:
BOARD OF SUPERVISORS
FROM:
Kendra Bobsin lPC Coordinatior
Time Estimates: Minutes or ~ consent
CONTACT FOR
Name: Kendra Bobsin Phone No: 831-637-9205
COPIES REQUIRED:
CERTlFICATlON OF CHILDCARE LOCAL PLANNING COUNOL MEMBERSHIP
By mandate from the State Department of Education (SDE), the San Benito County local Planning Council (lPC) must submit a completed Certification Statement Regarding Comosltlon of lPC Membership annually.
YES
~ NO
REQUIRE Limited Term (10) RECOMMENDED ArnON(S):
The Chlldcare local Planning Council recomends that the Board of Supervisors review the attached Certification Statement Regarding Composition of Membership and authorize the chair or another representative to sign it.
DATE I
o APPROVED
o ACKNOWLEDGED o SET PUBUC HEARING
o DENIED o ACCEPTED o APPOINTED
o ADOPTED
USE ONlY
o RESOLlJTlON NO. o ORDINANCE NO.
o CONTINUED TO o OTHER
ONOArn~OO ~T~~~~--------------------
BY: Deputy Clerk of the Board
I DATE: COPIES:
BOARD - ORIGINATING DEPT. - AUDITOR - HOlDING COPY
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6 REVISED: 4/3/0~
San Benito County Childcare Local Planning Council 1111 San Feli e Road Suite 20
To:
Hollister CA 95023
831 637-9205
Bomdof~rn
From: Kendra Bobsin
Date:
214/2013
Subject: Certification of Child Care Local Planning Council Membership
Summary
This action certifies the membership of the Child Care Local Planning Council. Recommendation It is recommwded that the Bomd of Supervisors review the attached Certification Statemwt regarding Local Planning Council (LPC) membership and authorize the chair or another representative to sign it.
Discussion
Please see the attached documwts requiring your review and signature. By mandate from the State Department of Education (SDE,) the San Benito County Childcare Local Planning Council must submit a completed Certification Statemwt Regmding Composition of LPC Membership annually. Ollier Agency Involvement
After this documwt is approved and signed by the Board of Supervisors, it will be presented to the County Office of Education for authorized signature. Financial Considerations
None
7
California Department of Education
Child [)eveiopment Division FORn CQ-3020 (Rev 07/04)
CERTDnCA1]ONSTATEMENT REGARDING COMPOSITION OF LPC MEMBERSHIP
Retumto:
Due Date:
California Department of Education Child Development Division Local Planning Council Team 1430 N Street, Suite 3410 Sacramento, CA 95814
Annually on January 20
Kendra Bobsin 831- 637-9205><222
Margarita Carillo-Galain
1111 San Felipe Rd, Hollister, CA 95023 116 . 1290 Ridder Park Dr. MC 225 San Jose, CA 95131 408-453-6533
2002-no
Vacant
Norma Negrete Director, Mi Esquelila Slate Preschool
2010 -no term limit
8
Hartshom Program Director YMCA Usa Falkner Executive Director Five
Street Hollister, CA 95023 831-637-8600 1011 Street Hollister, CA 95023
Kay Gibson 1231 lone Circle Hollister, CA 95023 Retired Assistant Director of Health and Human Services 831-637-9701 Trish Brem P.O. Box 2701 Retired Director, First Presbyterian Hollister, CA 95023 831-630-1 Preschool Linda Smith 700 Helen Dr. Hollister, CA 95023 Retired Elementary School 831-801-6621
'"'''U''' Y 2011 -no term limit
January 2004 -no tenn limit , 2012 -no term limit
,
of supervisors
county
superintendent of SChools (CSS), and the Local Child Care and Development Planning Council (LPC) chairperson that as of January, 2006, the above identified Individuals meet the council representation categories as mandated in AB 1542 (Chapter 270, Statutes 1997; Califomla Education Code Section 8499.3). Further, the CBS, CSS, and LPC chairperson verify that a good faith effort has been made by the appointing agencies to ensure that the ethnic, racial, and geographic compOsition of the LPC is reflective of the population of the county.
9
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Agenda nme Estimates:
AGENDA ITEM TRANSMITTAL TO: FROM:
BOARD OF SUPERVISORS MARIA C. CORONA, HHSA INTERIM DIRECTOR
,~EE1lNG DATE: February 19, 2013
Leave BIanJ<:
Minutes or ~ Consent
Date{l1me Reed:
,i1-/;3);3?
130
CONTACT FOR INFORMATION: Name: Enrique Arreola Phone No: 831-637-9293
NUMBER OF CERTIFIED COPIES REQUIRED: 2
SUBJECT: Adopt resolution accepting the 2012-2013 OMS Contract #12-0MS-968 for the maintenance and operations of the San Benito County Migrant Center
(2) BACKGROUND INFORMATION (Attach additional pages if necessary):
Staff requests adoption of the attached resolution to accept the 2012/2013 Operation and Maintenance Contract #12-0MS968 and authorization for the Chairman to sign the resolution requesting authorization for the Health and Human Services Agency Director - Community Services and Workforce Development Division or designee to sign the contract in the amount of $396,763. The Migrant Center's mission is to foster and promote safe and affordable housing opportunities for migrant seasonal farm worker families and other community services that will allow families to thrive. The Migrant Center provides seasonal housing services for migrant farm worker families, utilizing 67 units at the County's Southside Road Migrant facilities.
(3) OTHER AGENCY INVOLVEMENT: Migrant Center operations are funded with State funding administered by the State Department of Housing and Community Development (HCD) and the Office of Migrant Services (OMS). (4) SUPPORTIVE DOCUMENTS RELATIVE TO THIS ITEM:
181 Contract
o (6)
~
o
Ordinance
(5) PREVIOUS RELEVANT BOARD AcnONS ON THIS SPEOFIC ITEM:
Resolution Other:
The 2012 contract and resolution was approved on January 2012.
FUNDING SOURCE(S): CSSG Funding
(7)
(10)
OJRRENT YEAR COST:
$ 252,184
~ral -
WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
DYES
~NO
(8) ANNUAL COST: $ 252,184
(9) BUDGETED: ~YES
ONO
If YES, STATE NUMBER:
Permanent
Limited Term
(11) RECOMMENDED AcnON(S):
It is recommended that the Board of Supervisors: approving the Operation and Maintenance Contract #12-0MS-968 Adopt Resolution #2012between the State Department of Housing and Community Development (HCD) and the County of San Benito in the amount of $396,763 and authorize the Board Chair to sign said resolution. 2. Authorize the HHSA Interim Director or designee to be the signature authority for said contract and any subsequent amendments to said contract.
L D--Y
Maria C. Corona, HHSA Interim Director SIGNATURE OF AGENCY OR DEPARTMENT ~ORIZED REPRESENTATIVE {/
o APPROVED
o ACKNOWLEDGED o SET PUBUC HEARING
o DENIED o ACCEPTED o APPOINTED
o ADOPTED
CLERK'S USE ONLY
o RESOLUTION NO. o ORDiNANCE NO.
lllllt3
DATE
--------
o CONTINUED TO
o OTHER
ONOAcnO~N~T~A~~N~-----------------
BY: Deputy Clerk of the Board
"'1TE:
COPY ROUTING:
BOARD - ORIGINATING DEPT, - AUDITOR REVISED: 3/14/11
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10
BEFORE THE BOARD OF SUPERVISORS, COUNTY OF SAN BENITO RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN BENITO COUNTY APPROVING THE FISCAL YEAR 2012-2013 OPERATION AND MAINTENANCE CONTRACI' FOR THE SAN BENITO COUNTY MIGRANT CENTER, BETWEEN THE STATE OF CALIFORNL\, DEPARTMENT OF HOUSING AND coMMlJNl'fi DEVEWPMENT, AND THE COUNTY OF SAN BENITO (CONTRACT NO. 12-0MS-968)
) ) ) ) ) ) ) )
RESOLUTION NO. 2013-_ _
) )
WHEREAS, the CalifQrnia Deparbnent of Housing and Community Development has provided an Operation and Maintenance Contract for the San Benito County Migrant Center, for Fiscal Year 2012-2013 (Contract No. 12-0MS-968); and WHEREAS, the County of San Benito, acting through its Health and Human Services Agency - Cpmmunity Services and Workforce Development Division, desires to approve this Operation and Maintenance Cohtract. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby approves the Operation and Maintenance Contract for the San Benito County Migrant Center, for Fiscal Year 2012-2013 (Contract No. 12-0MS-968) in the amount of $396,763; and
•
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby authorizes the Interim Director of the Health and Human Services Agency :- Community Services and Workforce Development Division to execute Contract No. 12-0MS-968 and to approve and execute any amendments to said contract for and on behalf of the County of San Benito. PASSED AND ADOPTED by the Board of Supervisors, County of San Benito, State of California on this ~ day ofFebruary. 2013, by the following vote: AYES: NOES:
ABSTAINING: ABSENT:
SUPERVISORS: SUPERVISORS: SUPERVISQRS: SUPERVISORS: By:-:--:-----::--.,,---,-,,_ _ _ _ _ _ __ Anthony Botelho, Chairperson
ATTEST: Denise Thome, Clerk of the Board
APPROVED AS TO LEGAL FORM: San Benito County Counsel's Office
By:, _ _ _ _ _ _ _ _ __
BY: ~ v;::) Irma F. Valencia, Deputy County Counsel
Date:_ __ _ _ _ __
Date:
; ; --1/-/3
-
11
STATE OF CALIFORNIA
STANDARD AGREEMENT sm 213 (Rev 06103)
AGREEMENT NUMBER
12-0MS-968 REGISTRATION NUMBER
N/A 1.
This Agreement Is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME
Community Services and Workforce Dev., County of San Benito 2.
The term of this Agreement is:
3.
The maximum amount of this Agreement is:
Upon HCD Approval
August 31,2013
through
$ 396,763.00
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A-
Authority, Purpose and Scope of Work
2
pagels)
Exhibit A-1 -
Legal Description
1
pagels)
Exhibit B-
Budget Detail and Payment Provisions
2
pagels)
Exhibit B-1 -
Operating Contract Budget
2
pagels)
Exhibit C -
State of Califomia General Terms and Conditions'
GTC-6l0'
Exhibit D -
Office of Migrant Services Terms and Conditions
5
pagels)
12
pagels)
APPROVED AS TO LEGAL FORM SA BENITO COUNTY COUNSEL TOTAL NUMBER OF PAGES ATTACHED:
}~cOOIJftISlIt
,;J-Ih
Items shown with an Asterisk tJ. are hereby incorponDiPliji/iV of this Thase documents can be viewed at http:ltwww.docurnents.dqs.C8,oov/oIslGTe-510.doc
a~ft!J as if attached hereto.
IN WITNESS WHEREOF, this Agreement has been executed by the ..~, U~g hereto. Cellfomla Department of General Services Use Only
CONTRACTOR NAME (;r other than." IndMdual. atate whether a
,",VI'I I
I
•
p.rtnership. etc.)
Community Services and Workforce ' Dev., (:"''''' "1 of San Benito OATE
BY (Authortzed Signature)
not typo)
.itS ""I~, cu
NAME M U
1111 San ~ - ".
TLE OF
Road, Ste 207 ", .."
CA
n<'n""
STATE OF CALIFORNIA ' NAME
Department of Housing and Community Development DATE SIGNED(Do not type)
~T
fi'(
'RlNTED
mnEOFI
Cathy Parr, Contracts land .. 1800 third Street, Room 350, Sacramento, CA 95811
181
Exempt per: SCM 1, 4.04.3
COGS Memo Dated 6/l2181} 12
STATE OF CALIFORNIA
STANDARD AGREEMENT STD 213 (Rev 06103)
AGREEMENT NUMBER
12-0MS-968 REGISTRATION NUMBER
N/A 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME
Community Services and Workforce Dev., County of San Benito 2.
The term of this Agreement is:
Upon HCD Approval
3. The maximum amount
August 31, 2013
$ 396,763.00
of this Agreement is:
4.
through
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement Exhibit A-
Authority, Purpose and Scope of Work
2
page(s)
Exhibit A-1 -
Legal Description
1
page(s)
Exhibit B-
Budget Detail and Payment Provisions
2
page(s)
Exhibit B-1 -
Operating Contract Budget
2
page(s)
Exhibit C-
State of Califomia General Terms and Conditions'
GTC -610'
Exhibit 0-
Office of Migrant Services T1{JII~~YenJiWSsrO LEGAL
FORM
5
page(s)
SA,tI BENJTO COUNTY COUNSEL
TOTAL NUMBER OF PAGES
ATTACHED:~' ~
DEPUTY COUNTY COUNSEL
.:J ~11"13-1-2--p-a-ge-(s-)---DATE
Items shown with an Asterisk ("), are hereby Incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at htto:l!Www,documents,dos,CB ooy/olslGTC-61Q.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ~ of Gene,..' Servlcu Use Only
CONTRACTOR CONTRACTOR'S NAME (if other th.n en Individual, aRt. whether a cotpcntion, partnership. etc,)
Community Services and Workforce Dev., County of San Benito CATE :
BY
, no/typo)
2f mLEOF
PRINTEO
1111 San .... _". ~~~"v
I
Road, Ste 207 ' CA STATE OF CALIFORNIA
' NAME
Department of Housing and Community BY
.~
Slgnlw",
CATE SIGNEO(Do no! type)
II< 'RINTED NAME AND TmE ur
Cathy Parr, Contracts II, : and 1800 third Street, Room 350, Sacramento, CA 95811
181
Exempt per: SCM 1, 4.04.3 (DGS Memo Dated 6112181)
13
STATE OF CAUFORNIA
STANDARD AGREEMENT STD 213 (Rev 06103)
AGREEMENT NUMBER
12-0MS-96B REGISTRAll0N NUMBER
N/A 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE A.GENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME
Community Services and Workforce Dev., County of San Benito
2.
The term of this Agreement is:
Upon HCD Approval
3. The maximum amount of this Agreement is:
through
August 31,2013
$ 396,763.00
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A-
Authority, Purpose and Scope of Work
2
pagels)
Exhibit A-1 -
Legal Description
1
pagels)
Exhibit B-
Budget Detail and
2
page{s)
Exhibit B-1 -
Operating Contract Budget
2
pagels)
Exhibit C -
State of Califomia General Terms and Conditions·
GTC-610'
Exhibit 0 -
Office of Migrant Services Terr~AfiUR<»IIIiIib!AS TO LEGAL FORM 5
Pa~ment
ProviSions
pagels)
SAN BENITO COUNTY COUNSEL
TOTAL NUMBER OF PAGES ATTACHED:
~r/ f\:) DEPUTY COUNTY COUNSEL
; 2 - h 3 - - -DATE 12
pagels)
Items shown with an Asterisk i), are hereby Incorporated by reference and made part of thIs agreement as if al1ached hereto. These documents can be viewed at hl1p:liwww.docuroents.dqs.ca.qov/olslGTC-610.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
eallfom" Department of Geneflll
CONTRACTOR
Services Use Only
CONTRACTOR'S NAME," other thal1.11 Individual, state whether B COfTJ",..tion, partnership••te.}
Community Services and Workforce Dev., County of San Benito BY (AuthOrized Sfl/nslllre)
DATE SIGNED(Do not type)
~ PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
1111 San Felipe Road Ste 207 Hollister CA 95023 STATE OF CALIFORNIA AGENCY NAME
Department of Housing and Community Development BY (Authorized Slgn.lllre)
DATE SIGNED(Do not type)
~. 'RINTED NAME AND TmE OF PERSON SIGNING
Cathy Parr, Contracts Manager Business and Contract Services Branch
181
Exempt per: SCM 1, 4.04.3 (DGS Memo Dated 6/12181)
ADDRESS
1800 Third Street, Room 350, Sacramento, CA 95811
14
STATE OF CALIFORNIA
STANDARD AGREEMENT STD 213 (Rev 06103)
AGREEMENT NUMBER
12-0MS-968 REGISTRATION NUMBER
N/A 1.
This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME
Community Services and Workforce Dev., County of San Benito 2.
The term of this Agreement is:
Upon HCD Approval
through
31,2013
August
3.
The maximum amount of this Agreement is:
4.
The parties agree to comply with the terms and cond~ions of the following exhibits which are by this reference made a part of the Agreement.
$ 396,763.00
Exhibit A -
Authorny, Purpose and Scope of Work
2
page(s)
Exhibit A-1 -
Legal Description
1
page(s)
Exhibit B -
Budget Detail and Payment Provisions
2
page(s)
Exhibit B-1 -
Operating Contract Budget
2
page(s)
Exhibit C -
State of Califomia General Terms and Conditions·
GTC-610'
Exhibit 0 -
Office of Migrant ServicesAftlMtOVeQ,HitJtO LEGAL FORM
5
page{s)
SAN BENITO COUNTY COUNSEL
. IA)
.f}.
~/I~/? _ _ _ _ _ __
DATE
TOTAL NUMBER OF PAGES ATTACHE
12
page(s)
Items shown with an Asterisk ("), are hereby Incorporated by reference and made part of thIs agreement as If at/ached hereto. These documents can be vIewed at htID:llwww.documents.ciqs.ca.govlolslGTe-61Q.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto, afGeneral
CONTRACTOR
U.. On/y
CONTRACTOR'S NAME (if other th,n .n Individual, alate whether a co~tJon, /Mrtnership, etc.)
Community Services and Workforce Dev., County of San Benito DATE BY
ttype)
2f rn'~'.u
I
'mLEOF
1111 San .... ",
Road, Ste 207 .CA STATE OF CALIFORNIA
'NAME
Department of Housing and Community BY,
~ DA1E SIGNED(DO not type)
Ji'(
nm
AND TIT1.E OF PERSON
Cathy Parr, Contracts and
'M~V'
1800 Third Street, Room 350, Sacramento, CA 95811
181
Exempt per: SCM 1, 4.04.3 (DGS Memo Dated 6/12181)
15
STATE OF CALIFORNIA
STANDARD AGREEMENT
sm 213 (Rev 06103)
AGREEMENT NUMBER
12-0MS-968 REGISTRATION NUMBER
N/A 1.
This Agreement is entered Into between the State Agency and the Contractor named below: STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME
Community Services and Workforce Dev., County of San Benito 2.
The term of this Agreement is:
Upon HCD Approval
3. The maximum amount of this Agreement Is:
4.
through
August 31, 2013
$ 396,763.00
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A -
Authority, Purpose and Scope of Work
2
page(s)
Exhibit A-1 -
Legal Description
1
page(s)
Exhib~
B-
Budget Detail and Payment Provisions
2
page{s)
Exhib~
B-1 -
Operating Contract Budget
2
page(s)
Exhibit C -
State of Califomia General Terms and Conditions·
GTC -610'
Exhibtt 0 -
Office of Migrant Services AP'PRGWE&1IMtlliP
LEGALUFN~~
5
page(s)
12
page(s)
SAN BENITO COUNTY CO
~/~
TOTAL NUMBER OF PAGES ATTACHEDDEPUiY COUNTY COUNSEL
.;2-/h~ DATE
rJ.
Items shown with an Asterisk are hereby Incorporated by reference and made part of this agreement 8S if aI/ached hereto. These documents can be viewed at http://Wwwdocuments.dos,cB.oov/ots/GTC-610.doc
has been executed by the parties hereto.
IN WITNESS WHEREOF, this
Callfomt. Depsrlmenl of GenenJ/
CONTRACTOR CONTRACTOR'S NAME (If other than .n indMdua/, slate whether
Services Use Only
partnership, etc.)
Community Services and Workforce Dev., County of San Benito DATE SIGNED(Do not type)
BY
2S n," , "~ NAME AND NLE OF PERSON SIGNING
1111 San I::-'i'
CA n~n · .~ Road . Ste 207 ' .... " STATE OF CALIFORNIA
'NAME
of Housing and Community Development DATE
BY
not typo)
fK
·n' .. ' =l NAME AND TITLE OF
Cathy Parr, Contracts iand
"'_:'''I!:-:
1800 Third Street, Room 350, Sacramento, CA 95811
181
Exempt per; SCM 1,4.04.3 (DGS Memo Dated 6/12181) 16
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 1 of 2
EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK (Housing Center Operations) 1.
Authority and Purpose Pursuant to Chapter 8.5 (commencing with Section 50710) of Part 2, Division 31, of the Health and Safety Code ("Statutes"), the Department of Housing and Community Development ("Department") is responsible for the administration of a program in order to provide housing and housing-related services for migratory workers and their families in California and may contract with housing authorities and other appropriate local, public and private non-profit agencies for the purpose of securing or obtaining such housing and other related services. In accordance with the Statutes and the Office of Migrant Services (OMS) Program Regulations set forth in California Code of Regulations ("CCR") Title 25, Division 1, Chapter 7, Subchapter 7, commencing with Section 7600 ("Program Regulations'), the Department shall provide housing units and related facilities at the location set forth in Exhibit A-1 of this Agreement ('Housing Center(s)"). These housing units and related facilities shall at all times remain legally severable from the real property on which they are placed and the title of these units shall be in the name of the Department. Upon termination of this Agreement, the Department shall have the right to remove these housing units and related facilities without reimbursement to the Contractor. The Contractor agrees to comply with the terms and conditions of this Agreement and all Exhibits hereto.
2.
Scope of Work
A.
The Contractor shall permit occupancy of the Housing Center(s) for migratory workers and their families in accordance with Section 7611 of the Program Regulations and provide operations services ("Work") which are further described as all administrative, fiscal and management services; employment of staff; and purchasing, rental or use of supplies and materials as needed to operate, maintain and protect the Housing Center pursuant to the terms and conditions of this Agreement. The Department reserves the right to review and approve all Work performed by the Contractor in relation to this Agreement. Any proposed revision to the Work must be submitted in writing for review and approval by the Department. Any approval shall not be presumed unless such approval is made by the Department in writing.
B.
The Work shall generally consist of Operations and Maintenance of the Housing Center(s).
C.
The commonly accepted name and street address of the Housing Center(s) is Hollister Migrant Center 3235 Southside Road Hollister, CA 95023
3.
Term A.
This Agreement is effective upon approval by the Department which is the date stamped by the Department in the lower right hand corner of page one of this Agreement. 17
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 2 of2 EXHIBIT A
B.
4.
The Contractor shall complete the activities as set forth in this Agreement and be fully funded, pursuant to Exhibit B, prior to July 31,2013.
Department Contract Coordinator The coordinator of this Agreement for the Department is the Manager of the OMS Program, Division of Financial Assistance, or the Manager's designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Coordinator at the following address: OMS Program Manager Department of Housing and Community Development Division of Financial Assistance Post Office Box 952054, MS 390-8 Sacramento, CA 94252-2054
5.
Contractor Contact Coordinator The Contractor's contact for this Agreement is listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the contact at the following address: Community Services and Workforce Dev., County of San Benito Maria Corona 1111 San Felipe Road, Ste 207 Hollister, CA 95023 [email protected]
18
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 1 of 1
EXHIBIT A-1 LEGAL DESCRIPTION
Hollister - 4 miles S.E. of City of Hollister, San Benito County, CA
AP 20-320-08 32.56 acres
19
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 1 of 2
EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1.
2.
Agreement Amount A.
For the purposes of performing the Work, the Department agrees to provide the amount of Three Hundred and Ninety Six Thousand Seven Hundred and Sixty Three Dollars ($396,763.00). Unless amended, the Department shall not be liable for any costs for the Work in excess of this amount, nor for any unauthorized or ineligible costs.
B.
Funds provided under this Agreement shall be provided in the form of a grant only for the approved purposes and itemized amounts as stated in Exhibit B-1 Operating Contract Budget ("Budger) attached hereto and incorporated herein.
Disbursement of Funds A.
Upon receipt of a certified resolution authOrizing this Agreement and any Amendments thereto, the Department agrees to disburse to the Contractor or its authorized agent, funds not to exceed the total amount stated in Paragraph 1.A of this Exhibit.
B.
The Department further agrees to disburse said funds only for the approved purposes and itemized amounts as described in the Budget.
C.
The Department shall reimburse the Contractor monthly in arrears for the Contractor's actual and necessary expenses in accordance with the Budget and upon receipt of invoices approved by the Department. However, funds provided through this Agreement which are in excess of actual and necessary expenses may be disbursed and deposited into an OMS reserve account established and funded pursuant to Health and Safety Code Section 50710.1 (b).
D.
Upon the effective date of this Agreement, the Contractor may, upon written request, obtain al) advance of funds in an amount not to exceed twenty percent (20%) of the total Agreement amount as stated in Paragraph 1.A. These advanced funds shall be applied against the final three months of invoices for this Agreement period.
E.
If the Contractor expends funds in a manner consistent with this Exhibit and the Budget on or after July 1, 2012, but before the Department executes this Agreement, these expenditures may be reimbursed from the advance provided by the Department pursuant to Paragraph 2.0. However, the Department shall not reimburse these expenditures until this Agreement is executed by the Department.
F,
The Department shall disburse requested funds for Work performed on behalf of or by the Contractor, and documented by the Contractor, or for equivalent services that have been rendered to and documented by the Contractor, or for the actions that are to be performed and documented by the Contractor pursuant to statute, regulation, contract, or schedule.
G.
If the Contractor is in violation of any provision of this Agreement, the Department may, at its sole disaetion, withhold payment of funds under this Agreement until such violations are corrected. 20
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 2 of2 EXHIBITB 3.
Line Item Changes The Contractor may, upon prior written approval by the Department, transfer any approved allocations or portions thereof, to other cost categories listed in the Budget. In no event, however, shall the total amount of this Agreement be exceeded without prior execution of a formal amendment to this Agreement.
4.
Special Funding Conditions A.
5.
Funds allocated for Minor Rehabilitation as specified in line item 304 of the Budget shall be subject to the following provisions: 1)
Funds may be spent only for the items and activities, in the maximum amounts specified, and according to the priority expressed in Item F of the Budget.
2)
Notwithstanding Paragraph 3 of this Exhibit, these funds shall not be subject to transfer to other cost categories.
3)
No advances shall be provided by HCD from these funds. All reimbursements shall be in arrears and shall require submission of invoices and related supporting documentation in a manner directed by HCD.
4)
Any funds not expended upon the expiration of this Agreement shall be automatically disencumbered on that date and shall not be available for additional expenditures or reimbursements except as provided in Health and Safety Code Section 50710.1 (b).
B.
Funds allocated In Item B, line 209 "Major Equipment Repair/Maintenance" of the Budget shall be spent only for the items, and in the maximum amounts, specified in Item G of the Budget.
C.
Before purchasing a motor vehicle, the Contractor shall submit documentation to the OMS Program Manager demonstrating that a competitive procurement process was followed and shall receive prior approval for the purchase from the Department.
Availability of Funds The obligations under this Agreement are hereby made expressly contingent upon the availability of projected rental income and other funds for the purposes of performing the services identified in this Agreement. It is understood that this Agreement may have been written prior to the beginning of the fiscal year in order to expedite contract processing; however, should adequate funds not be appropriated by the Legislature for the current fiscal year or should other funds be reduced as a result of a court order or any other incident deemed legal and binding by the Department, the Department may exercise its option to cancel this Agreement or, at the Departmenfs sole discretion, reduce the on-season period, unless the Department and the Contractor either amend this Agreement or mutually agree to budget reductions and a rescission of a portion of the encumbered funds.
21
Community Services and Workforce Dev., County of San Benito 12·0MS·968 Page 1 of 2
EXHIBIT B·1 OPERATING CONTRACT BUDGET
eor1tract Term:
NO. .12-OMS~968 -.. 7/1/12 thru 8/31/13 CONTRACTOR FUNDS
CENTER PERSONNEL 101 Permanent SalarieslWages 102 Temporary SalarieslWages 103 Personnel Benefrts SUBTOTAL B. OPERATING EXPENSES 201 Cerrter Office Supplies 202 .Household SuPplies 203 Communications 204 Travel 205 Auto Repairs/Maintenance 206 GaS/Oil 207 Minor Egul~ment Repair/Maintenance 208 PlrChaseS Under $150 209 Major Equipment Repair/Maintenance 211 Equipment Rental 212 Electricity and Gas 213 Garbage, Trash 214 ,Sewer, water 215 .Other Costs .. SUBTOTAL C. MAINTENANCE EXPENSES 301 ElectricaVPlumbing/PaintlSolar Supplies 302 Lumber and Materials 303 Grounds Maintenance 304 Minor Rehabilitation SUBTOTAL D. COmRACTOR ADMINISTRATION 401 Administrative SUIl~ort Services 402 Travel 403 Aud~ SUBTOTAL E. DEBT SERVICE & REPLACEMENT 501 Reserves 502 Payment SUBTOTAL TOTAL
STATE FUNDS
A.
THIS IS NOT AN INVOICE
$
$ ,
,
$
0.00
$
$
$
,
$.
0.00
$
$
$
0.00
$
$
$. $
0.00
$ $ $
$
$
138,326.00 0.00 ; 91 ,714.00, 230040.00, 1000.00 500.00 2,300.00 250.00 800.00 500.00 1,000.00 200.00 4,385.00 250.00 44 500.00 11 500.00 53000.00 3000.00 123,185.00 ' 1,000.00 600.00 1,000.00 5,000.00 7600.00 35,638.00 e 300.00 0.00 35938.00
$ 0.00 0.00
$ $
0.00 396,763.00
22
Community Services and Wor1
Page 2 of2
EXHIBIT B-1
·
Contract No. 12-0M5-968 Term:
7/1112 - 8/31/13 CONTRACTOR FUNDS
F.
APPROVED REHABILITATION ACTIVITIES PNA
STATE FUNDS
·
$
$
5,000.00 .
•
•
;
,
G.
,
TOTAL LINE 304 _$ APPROVED EQUIPMENT REPAIR AN) MAINTENANCE GE Refri!lerators $ Hotpoint Gas Range
0.00
$
5,000.00
$
2,616.00 1,769.00
.
. ,
•
TOTAL LINE 209
$'
0.00
4,385.00
$
,
: i
, ,
THIS IS NOT AN INVOICE
, ,
23
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 1 of 5 EXHIBIT D OFFICE OF MIGRANT SERVICES TERMS AND CONDITIONS (Housing Center Operations) 1.
Seasonal Operations A.
The Department shall designate a period of one hundred eighty (180) days each calendar year, unless otherwise extended or reduced by written agreement between the Department and the Contractor, during which the Housing Center(s) shall be open to migratory agricultural workers and their households for occupancy, which period will be referred to as the "on-season." The remaining period of time during each calendar year shall be referred to as the "off-season."
B.
During the on-season:
C.
2.
1)
All common facilities of the Housing Center(s) subject to this Agreement, other than the housing units, shall be available, as required by the Department, for the purpose of child care services, health care services, educational programs, and other services approved by the Department and the Contractor for the benefit of resident migratory agricultural workers and their households.
2)
Residents of the Housing Center(s), after prior notice to the Contractor, shall be permitted to use the common facilities of the Housing Center(s) at any time such facilities are not required for use of programs scheduled by the Department or the Contractor, such as child care programs, health programs, or educational programs.
During the off-season, the Housing Center(s) shall be available for such other use and subject to such other conditions as mutually agreed upon in writing by the Department and the Contractor, which shall not be inconsistent or incompatible with the purposes of this Agreement.
Rent Pursuant to the Statutes, the Contractor shall collect rent for occupancy of the Housing Center(s) in accordance with rates established by the Department. Rent collected under this provision shall be remitted by the Contractor to the Department on a monthly basis in the manner required by the Department.
3.
Occupancy and Eviction The Contractor shall terminate occupancy of a housing unit by any individual pursuant to the reasons and procedures pursuant to Program Regulations. Whenever possible, prior to eviction of any person pursuant to Program Regulations, the Contractor shall use its best efforts to correct the problem with the Resident or through the Resident Council. All proceedings with regard to this paragraph shall be consistent with the Program Regulations.
4.
Maintenance The Contractor shall maintain the Housing Center(s) at all times in a safe and sanitary condition and in accordance with standards prescribed by State law, local ordinances, and the Department. 24
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 2 of5 EXHIBIT 0
5.
Acquisitions and Property If property costing less than one hundred fifty dollars ($150.00) per item is properly acquired with Agreement funds and is expected at the time of acquisitlon to be used indefinitely for the purpose for which it was purchased, title to such property shall vest with the Contractor at the time of acquisition. If property acquired with Agreement funds has a cost of $150.00 or more per item or is not expected at the time of acquisition to be used indefinitely for the purpose for which it was acquired, title to such property shall vest with the Department. If property purchased under this Agreement is diverted to uses inconsistent with the purposes of this Agreement, the Contractor shall be liable for the replacement value of such property. If property with a unit price of $5,000 or more is acquired or disposed of, the Contractor shall notify the Department within thirty (30) days of that acquisition or disposal so that the Department may property account for acquisition or disposal of said property.
6.
7.
Tennination of Aqreement A.
This Agreement may be terminated prior to the ending date of this Agreement without cause by the Contractor only upon conclusion of the on-season period, and the Department is provided thirty (30) days prior written notice. This Agreement may be terminated by the Department at any time, upon thirty (30) days prior written notice to the Contractor.
B.
In the event that the Contractor terminates this Agreement, the Contractor shall provide the Department or the Department's designee with an option to assume responsibility for the continued operation of the Housing Center(s), under the same terms and conditions contained in this Agreement, until another mutually agreeable location for the housing units and related facilities can be found and the housing units and related facilities are relocated to that site. The Department shall have one year from the date of exercise of said option to complete this operation and/or relocation.
Reportinq Requirements The Contractor shall provide the Department with written progress reports at the times and in the format required by the Department.
8.
Inspections At all reasonable times during the term of this Agreement, and upon prior notice to the Contractor, representatives of the Department shall have access to the Contractor's premises for the purpose of ensuring compliance with this Agreement.
9.
Contractors and Subcontractors The Contractor shall not enter into any agreement with any subcontractor, for five thousand dollars ($5,OOO.00) or more, without the prior written approval from the Department. Such approval shall not be unreasonably withheld by the Department. A subcontractor is not eligible to receive funds if they are not licensed, not in good standing with the State of California, or is in any other way determined to be ineligible by the Department at its sole and reasonable discretion. Any agreement between the Contractor and subcontractors shall include all relevant terms and conditions of this Agreement and its attachments. 25
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 3 of5 EXHIBIT 0
10.
Waiver No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded pursuant to this Agreement shan be taken and construed as cumulative; that is, in addition to every other remedy provided therein or by law. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time performance by the Contractor of any of the provisions contained herein, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce such provisions.
11.
Force Maleure Neither the Department nor the Contractor shall be deemed to be in default in the performance of the terms of this Agreement if either party is prevented from performing the terms of this Agreement by causes beyond its control, including, without being limited to: acts of God or the public enemy; interference, rulings or decisions by municipal, Federal, State, or other govemmental agencies, boards or commissions; any laws and/or regulations of such municipal, State, Federal, or other governmental bodies; or any catastrophe resulting from flood, fire, explosion, or other causes beyond the control of the defaulting party. If any of the stated contingencies occur, the party delayed by force majeure shall immediately give the other parties written notice of the cause of delay. The party delayed by force majeure shall use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that caused the delay is corrected, the party delayed shall immediately give the other parties written notice thereof and shall resume operations under this Agreement.
12.
Licenses and Permits The Contractor shall procure or cause to be procured all permits and licenses necessary to accomplish the Work set forth in this Agreement, and give all notices necessary and incident to the lawful performance of the Work. The Contractor shall keep informed of, observe, comply with, and cause all of its agents and employees to observe and comply with all prevailing Federal, State, and local laws, rules and regulations made pursuant to those Federal, State, and local laws, which in any way affect the conduct and performance of the Work set forth in this Agreement.
13.
Litigation
A.
If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B.
The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
C.
The Department, promptly after receiving notice thereof, shall notify the Contractor in writing of the commencement of any claim, suit, or action against the Department or its 26
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 4 of 5 EXHIBIT 0 officers or employees for which the Contractor must provide indemnification under this Agreement. To the extent pennitted by law, the Department shall authorize the Contractor or its insurer to defend such claims, suits or actions and shall provide it or its insurer, at the Contractor's expense, infonnation and assistance both necessary and available for such defense. The failure of the Department to give such notice, information, authorization or assistance, shall not relieve the Contractor of its indemnification obligations. 14.
Disputes Except as otherwise provided in this Agreement, any dispute arising under or relating to the perfonnance of this Agreement shall be reviewed and decided solely by the Department OMS Program Manager. The Manager's decision shall be provided to the Contractor in writing. The decision of the Program Manager shall be final and conclusive unless within thirty (30) days from the date of receipt of such a copy, the Contractor transmits to the Department a written appeal. Pending the final decision by the Director of the Department or Designee, the Contractor shall proceed diligently with the perfonnance of this Agreement and in accordance with the written decision of the Program Manager which is the subject of the Contractor's appeal.
15.
Audit/Retention and Inspection of Records The Contractor agrees that the Department or its delegatee will have the right to review, obtain, and copy all records pertaining to perfonnance of this Agreement. The Contractor agrees to provide the Department or its delegatee with any relevant infonnation requested and shall pennit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts and other material that may be relevant to a matter under investigation for the purpose of detennining compliance with Public Contract Code ("PCC") § 10115, et seq., Government Code ("GC") § 8546.7 and 2 CCR §1896.60 et seq. The Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. The Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.
16.
Insurance A. The Contractor shall carry, maintain, and enforce generalliabilily and property damage in the amounts not less than $1,000,000.00 per occurrence. Fire insurance must be in an amount to adequately protect the interests of the contractor and the State of California and its officers and employees. The State of Califomia must be named as additional insured with a maximum of a $10,000.00 deductible per occurrence. B. The Contractor shall pay premiums out of the General Operating Account and premiums will be treated as an operating expense. C. The Contractor shall investigate and furnish the Owner with full reports on all accidents, claims, and potential claims for damage relating to the Project. The Contractor will cooperate with the Owner's insurers in connection therewith. 27
Community Services and Workforce Dev., County of San Benito 12-0MS-968 Page 5 of 5
EXHIBIT D
17.
Prevailing Wage
A.
Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure compliance with the requirements of the Labor Code commencing with Section 1720 (which pertains to the payment of prevailing wages and administered by the California Department of Industrial Relations).
B.
For the purposes of this requirement "construction work" includes, but is not limited to rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between the Contractor and a licensed building contractor, Contractor shall serve as the "awarding body" as that term is defined in the Labor Code. Where Contractor will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the 'awarding body." The construction contract and any amendments thereto shall be subject to the prior written approval of the Department. Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.
C.
Notwithstanding any other provisions of this Agreement, after seeking appropriate recourse as set forth in the Section above, any controversial claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration at the election of either party in accordance with California Public Contract Code Section 10240 et seq., and judgment or award rendered by the arbitration may be entered in any court having jurisdiction thereof.
28
' :; . . RESOLUTION NO. "t'"<::i'J ~.,.-·-'""n
RESOLUTION APPROVING THE 20frl:~-20[~id FISCAL YEAR OPERATION AND MAINTENANCE CONTRACT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY/COUNTY OF CONTRACT # WHEAREAS, the California Department of Housing' and Community Development has provided an Operation and Maintenance Contract for the . .. ;, MI C d Year f or the",·.",.. ·.:·." .. " > ",.(:' grant enter; an ,-",,,,c-,~,,.,.,-, ,,,,
2d'l1Si-20ilili Fiscal
.,~,,:
WHEAREAS,
the County of r2:i:;S~:;:'~??Zi, aeling through its :
desires to approve this Operation and Maintenance Contract for the the :'~-·· -'·~;·:: ;;;:·-;,:;~;·-T·; Migrant Center,
NOW, THEREFORE, BE IT RESOLVED,
:.Tc;.;;e;:/'-'- ';,
20L.i:-2o!i 'Uoperation of
. the Board of Supervisors of the
ill
County of s'B;;';I($RG3C::~!' hereby approves the'Operationand Main~nance Contract # " ~ ,"": '~ ~. """",-:":"?~,.'"",:"",,,,.,,, - ~~-.,., T"'':'C"''"'"7:··-,li·....,...,.,~ ''''··-'"'-"·:ir'..._:.~ l"OMSi, <" 1 in the amount of $l;~:;. ....... ' :;<,di
_ _---_....
--
,
PASSED AND ADOPTED this i(~th day of ['·:'l'E/;~-.s:-';:::;;, 2
Supervisors:
(NAMES)
NOES:
Supervisors:
(NAMES)
ABSENT:
Supervisors:
(NAMES)
County: ATIEST: Clerk of the Board
APPROVED AS TO LEGAL FORM C ty C I
<~ :",i<.,.:.o.t::""",~,,,,.},, : ,x,_~, ,,,
k:.1·;'':.\~·I·i:;';t~L::2'·r..-~t::t ,
oun
ounse
By: Deputy Clerk of Said Board (SEAL)
29
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Agenda Time Estimates: . - Regular Consent
AGENDA ITEM TRANSMITTAL TO: FROM:
--X
Leaye Blank:
CONTACT FOR INFORMATION I' Name: GARY ARMSTRONG
BOARD OF SUPERVISORS PLANNING &. BUILDING DEPARTMENT
'7Ci/)
<,JI I I NUMBER OF CERTIAED
Phone No: 831-637-5313 EETING DATE:
February 19, 2013
~ltt~'jp
COPIES REOIIIRED:
SUBJECT:
Budget Transfer to General Plan Update
(2) BACKGROUND INFORMATION:
On December 4th the Board of Supervisors directed staff to move forward with a budget transfer of $67,000 from contingency funds to the General Plan Update Budget in order to complete work on the General Plan.
(3) SUPPORTIVE DOCUMENTS RELATIVE TO THIS ITEM:
(4) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
Direction from the Board November 6 and December 4,20 12 (6) CURRENT YEAR COST:
(5) FUNDING SOURCE(S):
(7) ANNUAL COST:
$ (9) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
DYES
Ii!! NO
(8) BUDGETED: DYES O NO
I If YES, STATE NUMBER: Permanent
Limited Temn
(10) RECOMMENDED ACTION(S):
.t is recommended that the Board of Supervisors:
1. Approve budget transfer to Budget #1001-272 for costs related to the General Plan Update (requires 4/5 vote)
/z -/
7:.
O~ning
GARY AR O;£OiredOr & Building Inspection Services Signature of Agency or Department Authorized Representative
7-/-/3 DATE
(11) ADMINISTRATIVE REVIEW
,
o DENIED o APPROVED o ACCEPTED o ACKNOWLiEDGED o SET PUBUC HEARING o APPOINTED
CLERK S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
o CONTINUED TO o o OTHER NO
ACTIO~N~T~A~KE=N~---------
BY:
Deputy Clerk of the Board COPIES: BOARD ~ ORIGINATING DEPARTMENT
~ AUDITOR ~
HOLDING COPY
30
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COUNTY OF SAN BENITO BUDGET ADJUSTMENTITRANSFER Please Indicate Type:
Fiscal Year:
D
2012/2013
Appropriation/Est. Revenue Increase (Requires 4/5 Board of Supervisors Approval)
Department:
Org Key:
~
Planning & Building 1001-272
Contingency Transfer (Requires 415 Board of Supervisors Approval)
D
Interdepartmental Transfer or Interobject Transfer>$25,OOO
Department:
(Requires Board of SupervIsors Approval)
D
Org Key:
Interobject Transfer<$25,OOO (RequireS Admin. and Auditor Approval)
D Org Key:
1001-999 1001-272
Description
Object No:
999901 --6235 62-3615
Intraobject Transfer (Requires Auditor Approval)
Contingency funds (general fund) General Plan Update
_---:==:-
7z,----
;te
•
Total
Comments:
~-I-13
Submitted:
Date
2/;;/3 Date
'
..1(I'bj / '>
Approval:
Date
Approval by Board of Supervisors Date
Attested: Clerk of the Boa"'rd"':_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __
Vote: _ _ _ Yes _ _ _ No
31
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AGENDA ITEM TRANSMITTAL TO:
BOARD OF SUPERVISORS
FROM:
Department of Public Works Steve Wittry, Public Works Administrator
DATE: Feb 19, 2013
(1)
BACKGROUND INFORMATION
Minutes or
181 Consent
Name: Mike Hodges, Staff Analyst Phone No: B31.636.4170 x26B
REQUIRED:
3
Veterans Memorial Park Roof Structure Project Agreement between Hollister Heat and County of San Benito. SUBJECT:
not
The Hollister Heat girl's softball organization approached the Veterans Memorial Park Commission with a request to construct a roof structure above the existing temporary containers located next to the Heat Large Softball Field. This project will be accomplished through Hollister Heat donations and volunteer support. During the February 4, 2013 Veterans Memorial Park Commission meeting, a motion to approve and sign the Possession and Use Agreement with the Hollister Heat passed unanimously. All permanent project improvements to the park will be donated to the County by the Heat. All project work will be subject to applicable county building codes, insurance limits, and permitting requirements. This project and agreement will not require any General Fund moneys.
RECEIVED AH,,4('21 FEB 0 8 2013
o o
Contract
None
Ordinance ONO
(10) WILL PROPOSAL REQUIRE ADDmoNAL PERSONNEL? Limited Term (11) RECOMMENDED ACTION(S):
It is respectfully recommended that the Board of Supervisors:
1. Approve the Possession and Use Agreement with Hollister Heat for construction of a Roof Structure within the Veterans Memorial Park; and, 2. Authorize the Chair to sign the Agreement.
DATE
o DENIED" o APPROVED o ACCEPTED o ACKNOWLEDGED o SET PUBLIC HEARING o APPOINTED
CLERK'S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
--------
o CONTINUED TO o OTHER
ONOACTIO~N~T~AK~E~N~-----------------
BY: Deputy Clerk of the Board DATE:
Back to top COPY ROUTING:
ORIGINATING DEPT. - AUDITOR - COUNTY COUNSEL
32
POSSESSION AND USE AGREEMENT BETWEEN THE COUNTY OF SAN BENITO AND HOLLISTER HEAT This Possession and Use Agreement ("Agreement"), dated, for reference purposes only, this
.....1.§L day of February. 2013. is by and between the COUNTY OF SAN BENITO, a political subdivision of the State of California, ("COUNTY") and HOLLISTER HEAT, a tax exempt nonprofit organization under section 501 (c)3 of the Internal Revenue Code ("HEAT"). WHEREAS, COUNTY is the owner of Veterans Memorial Park (the "Park"), a park facility, located in the City of Hollister in San Benito County used for a variety of activities, including several ballparks owned by the COUNTY for the benefit of the Public; and WHEREAS, COUNTY and HEAT, wish to document and memorialize HEAT's intent to complete the construction of a Roof Structure over the existing HEAT containers, (the "Project") in the Park and to ensure the production and maintenance associated with the Project; and WHEREAS, HEAT prepared plans and specifications for the concession stand which have been approved by COUNTY; and WHEREAS, COUNTY desires to provide HEAT revocable permission to possess and use certain real property in the PARK for the purposes set forth in this Agreement; Now, therefore and in consideration of the mutual covenants and conditions contained herein, COUNTY grants to HEAT and HEAT accepts from the COUNTY the revocable permission set forth in this Agreement, subject to the following terms and conditions: 1. PROPERTY AND USE: COUNTY hereby confers to HEAT non-exclusive permission to use and occupy portions of Veterans Memorial Park located on APN: 0562-500-390, as shown on attached Exhibit A. ("Property") for the purposes of constructing a Roof Structure according to the plans and specifications approved by the COUNTY and for performing any maintenance set forth in any applicable Lease or Operating Agreement executed by the parties hereto. Uses not specified in this Agreement shall not be allowed without prior consent of COUNTY. 2. IMPROVEMENTS: HEAT shall construct improvements, consisting of a Roof Structure, (hereinafter referred to as "Improvements") subject to final approval of the COUNTY and any other agency having jurisdiction over the Improvements, as follows: (a) Improvements: HEAT shall construct to COUNTY's reasonable satisfaction and subject to COUNTY approval, (which approval shall not be unreasonably withheld or delayed or conditioned) the Improvements described by the plans and specifications approved by the County, (i) at HEAT's sole cost, (ii) by the use of licensed contractors selected by HEAT and approved by COUNTY (which approval shall not be unreasonably withheld or delayed or conditioned), and (iii) in compliance with all applicable laws, including, without limitation, any applicable contracting requirements under state law and the COUNTY's ordinance code and administrative policies. Donation of Improvements: All such permanent improvements shall be donated to (b) the COUNTY by HEAT and shall become and remain the sole property of the COUNTY 33 Page 1 of9
upon acceptance by the COUNTY Board of Supervisors . Neither HEAT nor any third party shall have any property rights in any such Improvements. (c) HEAT Responsible for All Costs of Construction: HEAT shall be solely responsible for all costs of construction of the Improvements including but not limited to permitting fees, recording fees, contractor payments, cost overruns and any contractor or material/supplier liens or claims. Plans and Specifications: HEAT shall construct the Improvements in accordance (d) with the plans and specifications approved by the COUNTY. Any revisions to the plans and specifications are subject to review and approval by the COUNTY (which approval shall not be unreasonably withheld or delayed or conditioned) and prior to implementation. (e) Exercise of Due Care: During construction of, and following completion of the Improvements, HEAT shall use, and shall cause its Agents (as defined in Section 11 below) to use due care at all times to avoid any damage or harm to the Property or surrounding property
(f) Work Schedule: HEAT shall provide at least five (5) days notice and a complete construction schedule to the COUNTY's Public Works Administrator before commencing construction . All work must be performed during regular working hours (Monday through Friday) between 7:00 a.m. and 5:00 p.m., excluding COUNTY holidays. No work shall be performed outside of regular working hours unless the COUNTY's Public Works Administrator has approved such work at least forty-eight (48) hours in advance. RESTORATION OF PROPERTY: Immediately following completion of any work perm itted 3. hereunder or earlier termination of this Agreement, HEAT shall remove any and all debris and any and all excess dirt created by HEAT or its Agents and, except for the Improvements, shall restore the Property to a condition substantially similar to its condition immediately prior to HEAT work hereunder, to the reasonable satisfaction of the COUNTY. HEAT shall restore excavated areas, if any, with new vegetation according to standards set by the COUNTY. 4. RESTRICTIONS ON USE: HEAT agrees that its use of the Property is restricted, limited or requires affirmative action as provided below, however that none of the requirements listed in this Section shall apply to any pre-existing condition on or related to the Property: (a) Responsibility for Maintenance of Property: In connection with its use hereunder, HEAT shall at all times during construction and during the term hereof, at its sole cost, maintain the Property in a good, clean , safe, secure, sanitary and sightly condition , so far as the Property may be affected by HEAT's or its Agents' activities hereunder. COUNTY shall at all times during the term hereof, at its sole cost, maintain adequate access to the Property to permit HEAT's activities hereunder. Dumping: HEAT shall not cause or permit the dumping or other disposal in, on, (b) under or about the Property of landfill, refuse, Hazardous Material (as defined below) or any other materials, including but not limited to materials that are unsightly or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment, except on a temporary basis as reasonably required by improvements of the type being performed hereunder. (c) Nuisances: HEAT shall use good faith efforts to not conduct any activities in, on, under or about the Property that constitute waste, nuisance or unreasonable annoyance (including, without limitation, emission of objectionable odors, noises or lights) to COUNTY, 34 Page 2 of9
to the owners or occupants of neighboring property, or to the public, or that constitute waste or nuisance per se. (d) Damage: HEAT shall use good faith efforts to not do anything in, on, under or about the Property that causes damage or interference to any facilities or other property located in, on, under or about the Property. Use of Adjoining Land: HEAT acknowledges that the privilege given under this (e) Agreement shall be limited strictly to the Property. HEAT shall not traverse over or otherwise use any other adjoining lands of COUNTY for purposes of this Agreement.
(f) No Interference with Park Operations or Use by Public: HEAT acknowledges that the Improvements are being conducted within a County Park open to the public. HEAT shall not unreasonably interfere with the use and enjoyment of the Park by members ofthe public, and HEAT shall make all reasonable efforts to insure the safety of the Park users and County employees during its possession of the Property pursuant to this Agreement. HEAT shall comply with all reasonable directions of the Public Works Administrator, or his designee, regarding its activities on the park property. 5. TERM: This Agreement shall commence on the date on which this Agreement is executed and delivered to COUNTY and following approval by COUNTY (the "Commencement Date") and expire at such time as all Improvements are donated to the COUNTY by HEAT and upon acceptance of all Improvements by the COUNTY Board of Supervisors. It shall also expire on thirty (30) days prior written notice from COUNTY revoking this Agreement. After termination or expiration, HEAT will surrender the Property in the condition required hereunder, pursuant to Section 9 below. 6. NATURE OF AGREEMENT: Other than the rights granted in Section 1 this Agreement does not constitute the grant of a lease, deed, easement, or a conveyance or transfer of any property interest in the Property or any franchise rights by COUNTY. All Improvements made shall be a donation to COUNTY and shall remain the property of the COUNTY. Neither HEAT nor any third party shall have a property interest in such property or Improvements by virtue of this Agreement. 7. ASSIGNMENT: This Agreement is not transferable or assignable without the prior written consent of the non-assigning party. Any such transfer or assignment without the consent of the non-assigning party shall be void from the time made. 8. CHANGES. ADDITIONS OR ALTERATIONS: HEAT agrees not to make any changes, additions, or alterations to the Property or any part thereof that are not herein described, without first consulting with and obtaining the prior and specific written consent of COUNTY prior to making any changes, additions, or alterations to the Property. 9. SURRENDER: Upon the expiration of this Agreement or within ninety (90) days after any sooner revocation or other termination of this Agreement, HEAT shall surrender the Property free from hazards (created by the HEAT or its Agents) and clear of all debris (created by the HEAT or its Agents). At such time, HEAT shall remove all of its property from the Property and, shall repair, at its cost, any damage to the Property caused by such removal. HEAT's obligations under this Section 9 and Section 10 shall survive any termination of this Agreement. Improvements made by HEAT pursuant to this Agreement shall be donated to County, subject to its acceptance by the County Board of Supervisors, with no conditions other than those provided by this Agreement.
35 Page 3 of9
10.
REPAIR OF DAMAGE: (a) If any portion of the Property or any property of COUNTY located on or about the Property is damaged or threatened by any of the activities conducted by HEAT, or anyone acting by or through HEAT hereunder, HEAT shall promptly, at its sole cost, notify COUNTY by facsimile of such damage or threat. HEAT shall make any such reasonable repairs and replacements arising out of HEAT's activities that COUNTY specifies in writing (i) at HEAT's cost, (ii) by contractors or mechanics selected by HEAT and reasonably approved by COUNTY, and (iii) in compliance with all applicable laws, including, without limitation, any applicable contracting requirements. COUNTY may, but shall not be obligated to, remedy such damage or threat at HEAT's sole cost, or COUNTY may elect to witness HEAT's repair work. (b) HEAT shall at all times keep the Project site secure against damage by vandals or trespassers. If the Project site is damaged due in whole or in part to HEAT's failure to keep the Project site secure, HEAT shall be responsible at its sale cost for repairing such damage. COUNTY may, but shall not be obligated to, remedy such damage at HEAT's sole cost, or COUNTY may elect to witness HEAT's repair work.
11. RELATIONSHIP; AGENTS: This Agreement does not create a partnership or joint venture between COUNTY and HEAT as to any activity conducted by either party on, in or relating to the Property. Nothing in this Agreement shall be construed to make either party an agent, employee, or department of the other party. COUNTY and HEAT warrant that they will not represent, directly or indirectly, to any person or entity, that they are a department, agent, or employee of the other party, or that they are performing any official function of such party. As used in this Agreement, the term "Agents" when used with respect to either party shall include the agents, representatives, employees, officers, contractors, subcontractors and consultants of such party. HEAT's negotiations and contracts with contractors, subcontractors, suppliers, consultants and other parties shall be conducted in COUNTY's best interests. Such contracts shall not be binding on COUNTY except as HEAT is empowered to act for COUNTY under this Agreement. Any action under this Agreement that HEAT is permitted or obligated to take may be taken or performed by the Agents of HEAT as approved by County. 12. RESERVATIONS: This Agreement is subsequent to and subject to all prior exceptions, reservations, grants, leases, easements, or licenses of any kind whatsoever as the same appear on record in the San Benito County Recorder's Office, or in the other public records of COUNTY. 13.
LAW AND REGULATIONS: (a) HEAT shall ensure that its performance and that of its Contractors and Consultants with respect to this Agreement shall at all times be in full compliance with all legal requirements related to the design, construction and management of the Project, including, but not limited to, compliance with the applicable Public Contract Code, Government Code, Public Resources Code, and all applicable Federal, State and local building codes and ordinances, laws, rules, regulations, and policies which may be applicable thereto . HEAT and its Agents shall not cause any offensive or refuse matter, nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard, nor any material detrimental to the public health to accumulate or remain on the Property (excluding any pre-existing conditions) . (b) Prevailing Wage: HEAT and any contractor, subcontractor or any other person or entity working on the Improvements shall comply in all respects with California Labor Code, Sections 1770 et seq., in the performance of the Project including the keeping of all records required by the provisions of Labor Code Section 1776. 36 Page 4 of9
14. HOLD HARMLESS AND INDEMNIFICATION: HEAT shall indemnify and hold harmless COUNTY, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, or (8) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from HEAT's failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of COUNTY, its officers, agents, employees, or servants, resulting from the performance of any work required of or activities conducted by HEAT or payments made or owed by HEAT pursuant to this Agreement, provided that this shall not apply to injuries or damage for which COUNTY has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of HEAT to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code Agreement. This hold harmless and indemnification provision shall survive the expiration or termination of this Agreement. HEAT shall also insure that the contract between HEAT and any contractor working on the Improvements also contain a substantially similar hold harmless and indemnification provision, by which the contractor agrees to hold harmless, indemnify and defend HEAT and COUNTY against any claims, penalties, sanctions or damages caused by the performance or non-performance by the contractor, or other acts or omissions by the contractor while engaged in activities on the Property.
15.
WAIVER OF CLAIMS: (a) Neither COUNTY nor any of its commissions, departments, boards, officers, agents or employees shall be liable for any damage to the property of HEAT, its officers, agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Property or its use by HEAT. (b) HEAT acknowledges that this Agreement is freely revocable by COUNTY and in view of such fact; HEAT expressly assumes the risk of making any expenditures in connection with this Agreement, even if such expenditures are substantial. (c) As part of HEAT's agreement to accept the Property in its "As Is" condition as provided below, and without limiting such agreement, HEAT on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, COUNTY and its Agents, and their respective heirs, successors, administrators, personal representatives and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the Property and any related improvements or any law or regulation applicable thereto or the suitability of the Property for HEAT's intended use. (d) In connection with the foregoing releases, HEAT acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. HEAT acknowledges that the releases contained herein include all known 37 Page 5 of9
and unknown , disclosed and undisclosed, and anticipated and unanticipated claims . HEAT realizes and acknowledges that it has agreed upon this Agreement in light of this realization and, being fully aware of this situation , it nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained herein shall survive any term ination of this Agreement. 16. FORCE MAJEURE. In the event that either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to the Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of tools or facilities, riot, insurrection, material unavailability, or any other cause beyond the reasonable control of the party invoking this section, such party may give prompt written notice to the other party, its performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences and, if either party elects following such event, such party may terminate this Agreement upon thirty (30) days prior written notice. Notwithstanding the foregoing, HEAT shall remain responsible for any contractor or supplier claims arising out of the Project. 17. "AS IS" CONDITION OF PROPERTY; DISCLAIMER OF REPRESENTATIONS: HEAT accepts the Property in its "AS IS" condition , without representation or warranty of any kind by COUNTY, its officers, agents or employees, and subject to all applicable laws, rules and ordinances governing the use of the Property. Without limiting the foregoing, this Agreement is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances and other title matters affecting the Property, whether foreseen or unforeseen, and whether such matters are of record or would be disclosed by an accurate inspection or survey. 18. WORKERS' COMPENSATION AND EMPLOYER LIABILITY INSURANCE; LIABILITY INSURANCE: HEAT shall insure that any contractor or subcontractor who is engaged in the renovation , construction, prosecution, completion or repair on the Property pursuant to this Agreement shall obtain, maintain and provide during the life of this Agreement all of the insurance requirements described herein, including naming of the COUNTY as additional insured by endorsement: (a) Workers' Compensation: During the entire term of this Agreement, and any extension hereof, HEATs contractor shall have in effect Workers' Compensation and Employer Liability Insurance providing full statutory coverage for all its employees. HEAT shall also insure that the contract between HEAT and any contractor working on the Improvements provides that the contractor make the following certification:
IMle am/are aware of the provisions of Section 3700 of the California Labor Code which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. IMle will comply with such provisions. Liability Insurance: HEATs contractor shall obtain at its sole expense, such Bodily (b) and Injury Liability and Property Damage Liab ility Insurance and shall protect it and COUNTY, from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage including third party property damage, which may arise from the operations under this Agreement, whether such operations be by HEAT or by any subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified below. Such insurance shall 38
Page 60f9
include: Comprehensive General Liability
$1,000,000.
Motor Vehicle Liability Insurance
Minimum required by State Law.
Professional Liability Insurance
N/A.
(c) Certificates of Insurance: HEAT shall provide to COUNTY certificates of insurance showing the insurance coverages and required endorsements described herein, in a form and content approved by COUNTY, prior to performing any seNices under this Agreement. (d) Additional Insured: COUNTY, its officers, agents and employees shall be named as additional insured by endorsement on the liability insurance policy required hereinabove, which shall also contain a provision that the insurance afforded thereby to COUNTY shall be the primary insurance to the full limits of liability that HEAT and its contractors are required to have, and that such other insurance coverage of COUNTY shall be excess insurance only. 19. COVENANT NOT TO DISCRIMINATE: HEAT acknowledges and agrees that no person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account cif their race, color, religion, national origin, age, sex, sexual orientation, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran's status. HEAT shall ensure full compliance with federal, state and local laws, directives and executive orders regarding non-discrimination for all employees and Subcontractors under this Agreement. HEAT shall report to the COUNTY Public Works Administrator the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified HEAT that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such compliant and a description of the circumstance. HEAT shall provide COUNTY with a copy of its response to the Complaint when filed. 20. NOTICES: Any notice to be given hereunder shall be by U.S. Certified Mail , prepaid, and addressed to the parties hereto, or personally delivered to, as follows: COUNTY:
HEAT:
County Of San Benito Steve Wittry, Public Works Administrator 2301 Technology Parkway Hollister, CA 95023 Fax: 831-636-4176 Hollister Heat P.O. Box 315 Hollister, CA 95023
39
Page 70f9
21 . SUCCESSORS IN INTEREST: All of the provisions in this Agreement apply to and bind the heirs, successors, executors, administrators and permitted assigns of both parties hereto, both of whom shall be jOintly and severally liable hereunder. 22. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties with regard to the subject matter set forth herein and supersedes any and all previous negotiations, discussions and agreements between the parties and may be modified only by a writing duly executed by both parties. 23. AUTHORIZED REPRESENTATIVE OF COUNTY OF SAN BENITO: The COUNTY's Public Works Administrator (unless another COUNTY official is specifically designated herein) shall be the authorized representative of COUNTY for purposes of giving any notices or exercising any rights, options or privileges of COUNTY in this Agreement, including the right to terminate this Agreement or to grant HEAT permission to make changes , additions or alterations in the Property.
40 Pa~e
8 of9
The parties hereto have executed this Agreement on the day and year first above written. Each party executing this Agreement acknowledges receipt of a copy hereof.
SIGNATURES APPROVED BY COUNTY:
APPROVED BY HOLLISTER HEAT:
Anthony Botelho Chair, San Benito County Board of Supervisors
Title: President Hollister Heat
Date: _ _ _ _ _ _ _ _ _ __
Date: _ _ _ _ _ _ _ _ _ _ __
APPROVED BY VETERANS MEMORIAL PARK COMMISSION:
APPROVED AS TO LEGAL FORM: San Benito County Counsel's Office
.i . V v Chaff, San Benito County Veterans Park Commission
Shirley L Murphy, Deputy County Counsel
Date: _ _ __ _ _ __ _ __
Date:
/i-£lJ.
/~ 2{)13
41 Page 9 of9
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42
. 1/ '•.,alilnI<' ;': ," I"t':.':)/(J.,',',',"' ;> }I/Io/p
Agenda 11me Estimates: Minutes or 181 Consent
AGENDA ITEM TRANSMI'ITAL
,~ ,.
BOARD OF SUPERVISORS
TO: FROM:
"
".' ,
CONTACT FOR INFORMATION: Name: Kellie Kennedy Phone No: 4080
Darren Thompson Sheriff-<:Oroner
MEETING DATE:
"
,L.
"
oaWJ:1~Reea,
.
NUMBER OF CERTIFIED COPI!!S REQUIRED: 1
(1) SUBJECT: CONSIDER AGREEMENT WITH VENUS ANZAR, MD FOR AUTOPSY SERVICES
02/19/2013 (2) BACKGROUND INFORMATION (Attach additional pages If necessary):
On -June 21, 2011 your Board approved a contract with John Hain, MD for autopsy services performed at the Monterey County Sheriff's coroner facility. Dr. Hain announced his retirement from service effective December 2012 and Monterey County subsequently entered into a contract with Venus Azar, MD. As with Dr. Hain, San Benito County must also enter into an agreement with this contracted medical examiner. The fee for service remains unchanged from the prior agreement. Dr. Azar will charge $1,000 per autopsy. The term of this agreement is February 1, 2013 - December 31, 2013. Unless either party gives the other written notice, the contract shall automatically renew for a one (1) year period of time upon the same terms and conditions. The automatic renewal provision shall only apply to two (2) one (1) year renewals.
(4) SUPPORTIVE DOCUMENTS RELATIVE TO nus ITEM: Contract Resolution Ordinance 181 Other: Agreement
o o
o
(5) PREVIOUS RELEVANT BOARD ACTIONS ON nus SPECIFIC ITEM:
(6) FUNDING SOURCE(S):
(7) CURRENT YEAR COST:
(8) ANNUAL COST:
(9) BUDGETED:
General Fund
$ Contingent on neea
$0
181 YES
(10) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
D YES
ONO
If YES, STATE NUMBER: Pennanent
ONO
Limited Term
(11) RECOMMENDED ACTlON(S):
It is respectfully recommended that the Board of Supervisors: 1). Approve the Agreement with Venus Azar, MD for autopsy services at the Monterey County coroner's fadlity effective February 1, 2013; and 2). Authorize the Sheriff to sign.
/"'\. / ' - 'I
/
J
J r ) ' - T7
0Yr).,..---
2/19/2013
SIGM\TURE OF AGENCY o~ O'EPARTMi!NT AIITHORJ2ED REPRESENTATIVE
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTED o SET PUBUC HEARING o APPOINTED
o ADOPTED
DATE
UERK'S USE ONLY
o RESOLUTION NO, o ORDINANCE NO,
--------
o CONTINUED TO o OTHER
ONOACTlO~N~T~A~~~N~-----------------
BY:
Deputy Oerk of the Board
I
DATE:
back to top COPY ROllTlNG:
BOARD - ORIGINATlNG DEPT. - AUDITOR
43
5 ' f~/j
REVISED: 3/
AGREEMENT
Tms AGREEMENT is made and entered into by and between VENUS AZAR, MD (hereinafter tailed "CONTRACTOR") and the COUNTY OF SAN BENITO (hereinafter ealIed "San Benito"), and shall become effective February 01,2013.
RECITALS 1.
SAN BENITO desires to contract with CONTRACTOR for the performance at the Monterey County Coroner's facilities of postmortem autopsies/external examinations in coroner's cases requiring investigation under the jurisdiction of SAN BENITO.
2.
CONTRACTOR has the appropriate credentials for the performance of autopsies/extemal examinations in these San Benito County coroner cases.
NOW THEREFORE BE IT MUTUALLY AGREED AS FOLLOWS: 3.
DEFINITIONS (a) "Coroner cases" as used in this Agreement means any deceased person whose death is being investigated by SAN BENITO and, as part of that investigation, an autopsy or external examination is needed to determine or confirm the cause of death. (b) "Coroner Facility" shall mean the Monterey County Coroner Facility.
4. CONTRACTOR and the coroner facility agree to accept bodies and perform autopsies and external examinations pursuant to the terms of this Agreement. as requested by SAN BENITO. As a condition to the performance of the requested autopsy or external examination, SAN BENITO agrees to provide full and complete information regarding the death, as is needed in order to determine the cause of death. If SAN BENITO fails to provide the information necessary to perform the autopsy or external examination, CONTRACTOR can reject the case until the necessary infonnation has been provided. 5.
It is agreed that a full autopsy will be performed in all cases unless both the CONTRACTOR and the SAN BENITO Investigator agree that an extemal examination would be sufficient. If either party feels an autopsy is necessary, one will be performed.
44
6.
All arrangements and costs of transportation to and from the Coroner Facility shall be the responsibility of SAN BENITO.
7. SAN BENITO shall pay CONTRACTOR the sum of one thousand dollars ($1,000) per full autopsy or external examination coroner case referred by SAN BENITO to the coroner facility. For each autopsied case,CONTRACTOR shall perform the autopsy and shall collect, store, and dispose of any tissue obtained during the course of the autopsy. The disposal of tissue shall be done on the same schedule as Monterey's schedule for its own autopsies. CONTRACTOR shall prepare and fOlWard to SAN BENITO a complete report of the autopsy or externa1 examination findings. 8. CONTRACTOR will not process, store or be responsible for anything of a criminal nature, nor will CONTRACTOR be responsible for any photographs that may be used in any criminal proceedings. Storage of SAN BENITO criminal evidence and autopsy photographs shall be the sole and complete responsibility of SAN BENITO. 9. CONTRACTOR will not be responsible for the cost, storage, or safekeeping of any x-rays needed prior to or during the autopsy. 10. CONTRACTOR will not be responsible for the cost of any special testing or toxicology testing, when needed. II. CONTRACTOR retains full control of the autopsy facility during these procedures. All participants must adhere to the policies established by CONTRACTOR and the coroner facility. 12. SAN BENITO agrees to indemnify, defend and hold harmless CONTRACtOR, its officers, agents and employees from and against any and all claims, liability and losses whatso.ever arising out of or in any way related to SAN BENITO'S act(s) or omission(s) under this Agreement, including such as attorney fees, court costs, investigation costs, and/or expert fees. 13. That CONTRACTOR shall bill SAN BENITO monthly, in arrears for services performed under this Agreement. Invoices for services rendered are to be sent care of San Benito County Sheriff's Office Attn: Accounts Payable at: 2301 Technology Parkway, Hollister, CA. 95023. SAN BENITO shall pay CONTRACTOR within thirty (30) days after receipt of such billing by warrant payable to Venus J. Azar, MD. This agreement shall terminate on December 31, 2013. Unless either party gives the other written notice within thirty (30) days of the expiration of the contract, the contract shall automatically renew for a one (1) year period of time upon the same terms and conditions. This automatic renewal provision shall only apply to two (2) one (I) -year renewals.
45
14. Any notice given hereunder may be given by personal service or by U.S. Mail, postage prepaid, addressed to the parties as follows:
Venus LAzar, M.D. 656 View Ridge Drive Pacifica, CA 94044
San Benito County Sheriff's Office 2301 Technology Parkway Hollister, CA 95023
15. It is agreed and understood by the parties hereto that this Agreement has been arrived at through negotiations and that neither party is to be deemed that party which prepared this Agreement within the meaning of Civil Code Section 1654. COUNTY of SAN BENITO / VENUS J. AZAR, MD Autopsy Agreement
IN WITNESS WHEREOF the parties have caused the Agreement to be executed by their authorized officers as set forth.
CONTRACTOR:
f ~ i(? - 6/-0/3. Date:
SAN BENITO:
Date:
Darren Thompson, Sheriff-Coroner
APPROVED AS TO LEGAL FORM: Matthew Granger, San Benito County Counsel
Date: _.::...(~_~::...:L=----=.;}:::.o-,-,I}<--_ _ _ __
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46
Agenda lime EstImates: Minutes or 181 Consent
AGENDA ITEM TRANSMITTAL TO:
BOARD OF SUPERVISORS
FROM:
Darren Thompson Sheriff-Coroner
'1(0 ,.•,,; )/1/13& .
CONTACT FOR INFORMATION: Name: Kellle Kennedy Phone No: 4080
MEETING DATE:
; i:latetnm.e. Re~~d:
L$i~: ~Ja~k:
.
NUMBER OF CERTIFIED COPIES REQUIRED: 5
(1) SUBJECT: Accept Off-Highway Motor Vehicle Recreation (OHMVR) Grant Award In the amount of $17,158
02/19/2013
(2) BACKGROUND INFORMATION (Attach additional pages if necessary):
The Sheriffs Office applied for a grant through the California Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division and received an award in the amount of $17,158. The funds are to provide for Off-Highway Vehicle (OHV) related law enforcement activities within the jurisdiction of the San Benito County Sheriffs Office. The activities include, patrol, search and rescue and purchase of equipment dlrectiy related to these activities. The Sheriffs Office is required to provide a minimum twenty-five (25) percent of the total project cost in matching funds. Assuming the entire grant award of $17,158 is expended, the match will be $5,719. This will be a soft match through deputy and support staff time. All grant funds need to be expended by September 30, 2013.
(5) PREVIOUS RElEVANT BOARD ACTION5 ON THIS SPEOFIC ITEM:
") SUPPORTIVE DOCUMENTS RElATIVE TO THIS ITEM: Resolution Contract Other: Ordinance
o o
o o
(7) CURRENT YEAR COST:
(6) FUNDING SOURCE(S): Off-Highway Motor Yehlde Reaeation Grant
$ 5,719
(10) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
0 YES
~NO
(8) ANNUAl COST: $0
(9) BUDGETED: 181 NO DYES
If YES, STATE NUMBER:
Penmanent
Urn/ted Term
(11) RECOMMENDED ACTION(S):
1). Accept the Off-Highway Motor Vehicle Grant award in the amount of $17,158; and 2). Approve the Operating Budget Adjustment/Transfer fonT! increasing appropriations and revenue in the amount of $17,158. (4/5 vote)
,
j
-A(e ,\ ~ ~.,-....""o...tJ..
For Da",n I nompson, Sheri
o DENIED o APPROVED o ACKNOWlEDGED o ACCEPTED o SET f'UBlIC HEARING o APPOINTED
02/19/2013 DATE
\ CLERK'S USE ONLY
o ADOPTED
o RESOLUTION NO. o ORDINANCE NO.
----
o CONTINUED TO o0 NO OTHER ACTIO"'N"'t"'A"'KEN==----------
BY: Deputy Oerk of the Board
~: /~ '----_ _ _ _ _' - - -_ _ _ _ _ Back to top_ _.#-11
47
COPY ROUTING:
BOARD - ORIGINATING DEPT. - AUDITOR . . PO . . . . . . . . . . .
rw
_" • • ,
.
COUNTY OF SAN BENITO OPERATING BUDGET ADJUSTMENTITRANSFER Please Indicate Type:
@
Fiscal Year:
2012-13
Deparbnent:
Sheriff - Operations
Org Key:
1001-210
D D D
Appropriation/Est. Revenue Increase (Requires 4/5 Board of Supervisors Approval) Contingency Transfer (Requires 4/5 Board of Supervisors Approval) Interdepartmental Transfer or Interobject TransfeP$25,OOO (Requires Board of Supervisors Approval) Interobject Transfer<$25,OOO (Requires Admin. and Auditor Approval)
Appropriation Increases: Org Key: 1001-210 1001-210
Object No:
Description
_ _--'5"'7"'0""0"'06'.'- .:,R:!e"'im.:..:b"'u""rs"'a"'b"'le'-'S"'ta=le=-:-='O"'H.:.;V'--=-_ _ _ _ __ 623629 Special Department Expense 2
Expenditures
Revenues
$ _ _ _ _"'17 "'c.&..1"'5"'-8 17,158
$_-----
Total Transfers of Existing Appropriations: Org Key:
Object No:
Description
To
From
$_---- $_----
$
Total
Comments:
17,158
$ -=$'--_ _-=1.:..7,"'15:::8::....
OHV Grant funding
Submilled: Date Verification of Sufficienl Funds:~;L~~~~~~='"~12:~~~_ _ _ _ _ _ _ _ _ __
Ih1i5
Date Approval: Date
Administrative Officer Approval by Board of Supervisors
Date Allested: Clerk of the Board: _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ __
Vote: _ _ _ Yes _ _ _ No
48 Oi!'ltrlb..Jli(In' (')rjalnar. A.uditor
Conv - Board nf SuOOlViSOfS
(':oov.Dernlltmflf11
Slat. cA Callfomla - The ResoUl.... Agency
OFF-HIGHWAY MOTOR VEHICLE RECREATION DIVISION
DEPARTMEI'IT OF PARKS AND RECREATION .
GRAI'ITS AND COOPERATIVE AGREEMENTS PROGRAM
PROJECT AGREEMENT PROJECT AGREEMENT NUMBER: Gll~-lOI
PROJECT TYPE: Law Enfon:ement
GRANTEE: San Benito County Sherffl's omce
PROJECT TITLE: Law Enforcement
PROJECT PERFORMANCE PERIOD: FROM 1010112012 THROUGH 0913012013
MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED $17,158.00 (Seventeen Thousand One Hundred Fifty Eight and 0011 aD)
THIS PROJECT AGREEMENT Is made and entered Into, by and between the State of California, acting by and through the Department of Paries and Recreation, Off-Highway Motor Vehic1e Recreation Division and Grantee: The Grantee agrees to oomplete the project as described In the Project Description. The Grantee's Application, the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15, Sections 4971)..4970.26 are hereby Inoorporated into this agreement by referenco. The parties hereto agree to oomply with the tenns and conditions of the following attachments which by reference
are made a part of the Projact Agreemenl
)
ATTACHMENT 1 - PROJECT COST ESTIMATE
.!%w ."'" -
ATTACHMENT 2 - GENERAL PROVISIONS
GRANTEE
STATE OF CALIFORNIA
~
I _ y r:e!fIfy upon my Olm porsona/ knowledge thai budgeted funds 8'" all8ilable for this
SIGNAruRE OF DPR ACCOUNTING OFFICER:
oncumbrance.
DATE:
San Benito County therlf'l't Office, Grants and Coopetalive Agretm19nts Program - 2011/2012
Pogo: 1 014 49
ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 201112012 . Agency: San Benito County Sheriff's Office Application' law Enforcement
.
APPLICANT NAME:
San Benno County Sheriffs Office
PROJECT TITLE:
law Enforcement
PROJECT TYPE:
D Acquisition
C Development
C Education & Safety D Ground Operations
F2l law Enforcement
D Planning
C Restoration
PROJECT Gll-03-57-l01 NUMBER (Division use only) :
This project is to provide for OHV related law enforcement activities within the jurisdiction of the San Benito County Sheriffs Office. The activnies may include, but are not limited to patrol, barrier installation, maps, search and rescue, and purchase of equipment directly PROJECT related to such activities. DESCRIPTION:
"
The grantee is required to provide a minimum of 25 percent of the total project cost in matching funds.
Qly
line Item
Rate UOM
Grant Req.
Match
Total
DIRECT EXPENSES Program Expenses 1
Staff Law Enforcement
30.000
62.380 HRS
78.00
1,793.00
1,871.00
100.000
19,510 HRS
0.00
1,951:00
1,951.00
25.000
78.990 HRS
0,00
1,975.00
1,975.00
78.00
5,719.00
5,797.00
Officers Notes: Overtime for increased patrol, meetings, community awareness/education Other-Volunteer Notes: Search & Rescue Team volunteer' calculated comporable to a entry level correctional deputy. 15 volunteers Sergeant Notes: Supervising Sergeant who asstts deputy in training Total for Staff
2
Contracts
3
Materials I Supplies San Benito County Sheriffs Office, Granlund Cooperative Agreements Program - 201112012
Page: 2 014 50
ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 201112012 Agency: San Benito County Sheriff's OffIce Application' Law Enforcement . Line Item
Qty
Safety Equipment
Rate UOM
Grant Req.
Match
Total
775.00
0.00
775.00
1.000
775.000 SET
3.000
5SO.000 EA
1,650.00
0.00
1,650.00
4.000 ·
128.7SO EA
515.00
0.00
515.00
2,940.00
0.00
2,940.00
1,400.00
0.00
1,400.00
SOO.OO
0.00
500.00
1,900.00
0.00
1,900.00
Notes: Rope Rescue Kit Safety Equipment Notes : All weather jackets Safety Equipment Total for Materials I Supplies
4
Equipment Use Expenses Vehicle Operations and
4 .000
350.000 FT
1.000
SOO.OOO MISC
Maintenance Notes: Annual maintenance on 4 quades Vehicle Operations and Maintenance Notes : Fuel for off-road vehicles Total for Equipment Use Expenses 5
Equipment Purchases
2.000
5240.000 EA
10,480.00
0.00
10,480.00
1.000
1760.000 EA
1,760.00
0.00
1,760.00
12,240.00
0.00
12,240.00
Total Program Expenses
17,158.00
5,719.00
22,877.00
TOTAL DIRECT EXPENSES
17,158.00
5,719.00
22,877.00
Totellndirect Costs
0.00
0.00
0.00
TOTAL INDIRECT EXPENSES
0.00
0.00
0.00
17,158.00
5,719.00
22,877.00
Other-Dirt Bike Notes : KTM 4SO EXC Motorcycle - Includes emergency equipment Other-TraUer Notes: Trailer for dirt bikes Total for Equipment Purchases
6
Others
INDIRECT EXPENSES Indirect Costs
1
Indirect Costs
TOTAL EXPENDITURES
San ...... CoonIy ........ 0ftIce. GnInbo "'" Coopenotive _ _ Program - 201112011
Page: 3 014
51
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program· 201112012 Agency: San Benito County Sheriffs OffIce Application: Law Enforcement
hOTAL PROJECT AWARD
17,158.001
San Benito County Sheriff's Office, Grants and Cooperative Agreements Program - 201112012
Page: 4of4 52
ATTACHMENT 2
4.
If the Project indudes acquis~ion of real property, and the cost of which Is to be reimbursed with Grant moneys under this agreement, shall as required thereby, comply with Chapter 16 (commencing with Seelion 7260) of Division 7 of TItle 1 of the Govemment Code and any other applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this agreement.
5.
If the Project includes acquisition of real property, the purchase price shall be the fair market value of such property as established by an appraisal completed according to established current appraisal practices and methods as approved by both the Grantee and the State. Grantee agrees to fumish the State additional supportive appraisal material or justiflC8lion as may be requested by the state to complete ~ review and approval of the fair market value. Grantee agrees to fumlsh the State WIth preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by the State. Grantee agrees to correel prior to or at the close of escrow any defeels of tiOe which In the opinion of State might interfere with the operation of the Project.
C.
Project Costs The Grant moneys to be provided to the Grantee under this agreement shall be disbursed as follows, but not to exceed in any event one-llundred (100) perrent of the allowable Project cos1s or the State Grant amount as set forth on page 1 of this agreement whichever is less; 1.
If the Project includes acquisition of real property, the state shall disburse to Grantee the Grant moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this agreement. Stale will disburse the amount of the Stale approved purchase price together with State approved cos1s of acquisHion. The State may elect to make disbursement for deposH into escrow.
) 2.
If the Project includes development, after approval by State of Grantee's plans, specifications and estimates or Forre Aooount Schedule and after completion of the Projeel or any phase or unH thereof, state ahaU disburse to Grantee upon receipt and approval by State of a statement of incurred costs from Grantee, the amount of such approved incurred costs shown on such statement, not to exceed the State Grant amount set forth on page 1 of this agreement, or any remaining portion of such Grant amount to the extent of such statement. Grantee, upon a showing that the Project may not proceed without advance funding, may request advance payment of those funds needed up to a maximum of ninety (90) perrent of the State Grant amount allocated for development upon receipt and approval by State of Grantee plans, specifications and estimates or Foroe Account Schedule. . The statements to be submitted by Grantee shall set forth in detail the incurred or estimated
cost of work performed or to be performed on development of the Project and whether performance will be by construction contract or by Force Account. Statements shall not be submitted, nor shall State make payments, more frequenUy than for workperfomned during ninety (90) day periods unless otherwise requested by state. D.
Project Administration 1.
The Grantee shan promPttv submit such progress, performance or other reports concerning the status of work performed on the Project as the Stat. may request In any event, the Grantee shall provide the State a report showing total final Project expenditures including state and all other moneys expended within one hundred twenty (120) days after completion of Project.
2.
The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this agreement available for inspection by the Stale upon request.
53
ATTACHMENT 2
3.
The Grantee shaH use any moneys advanced by the State under the tenns of this agreement solely for the Project herein described.
4.
The Grantee may be provided advanced payments for Grants but only for those that are for Planning, Acquisition, and Facility Operation and Maintenance. The Grantee shall place such moneys in a separate Interest bearing account setting up and identifying such account prior to the advance, interest eamed on Grant moneys shall be used on the Project or paid to the State. If Grant moneys are advanced and not expended, the unused portion of the Grant (plus interest) shall be returned to the State within one hundred twenty (120) days of completion of the Project or end of the Project perfonnance period, whichever is earlier. Income, after deduction for reasonable expenses associated with that income, that is earned by the Grantee from a Stale approved non-recreational use on an ·acquisition Project, subsequent to taking titie by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project.
S. E.
F.
Equipment must be. used solely for OHV related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes
Project Termination
1.
The Grantee may unilaterally rescind this agreement at any tine prior to the commencement of the Project. After Project commencement this agreement may be resdnded, modified or amended by mutual agreement in writing.
2.
Failure by the Grantee to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.
3.
Failure of the Grantee to comply with the terms of this agreement or contract under the enabling legislation may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such fanure was due to no fauH and beyond the control of the Grantee to prevent mitigate, or remedy.
4.
Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of agreement, is the, operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation fadlHies available to the people of the State of Califomia and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money fumished by the State by way of Grant moneys under the terms of this agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant monsys disbursed under this agreement by the State would be inadequate compensation to the State for any ·breach by the Grantee of this agreement The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement shall be the specific perfonnance of this agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this agreement, or any portion thereof, which is due to no fauU and beyond the control of the Grantee to prevent, mitigate, or remedy, the State's sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached tenn or terms of this agreement
Hold HBrmless 1.
Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of State, Us officers, agents and employees.
2.
The Grantee shall protect Indemnify, hold hannless and defend State, its OlflCers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise
54
ATTACHMENT 2
under Govemment code Section 895.2 or otherwise except for liability arising out of, and attributable to, the concurrent or sole negligence of State, its officers, or employees. 3.
In the event State is named as codefendant under the provisions of Govemment Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent Stale in the legal action unless Stale undertakes to represent itself as codefendant in such legal action in which event the Stale shall bear its own migation costs, expenses, and attomey's fees.
4.
In the event of judgment against the State and the Grantee because of the concurrent negligence of the Stale and the Granlee, their officers, agents, or employees, an apportionment of liabilHy to pay such judgment shall be made by a court of competent jurisdiction. NeHher party shall request, and each party hereby waives its right to, a jury apportionment.
G. Financial Records
H.
I.
J.
1.
The Grantee shall retain all financial accounts, documents, and records for three (3) years from the expiration date of the Project agreemen~ or three (3) years from the start of an audH engagement, whichever comes first, and until an audit started during the three (3) years has been completed and a report published.
2.
During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto.
Use of Facilities 1.
The property acquired or developed with Grant moneys under this agreement shall be used by the Grantee only for the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted except by specific act of the Legislature.
2.
The Grantee shall without coslto Stale, except as may be otherwise provided in this or any other Grant agreement, operate and maintain the property acquired or developed pursuant to this agreement in the manner of and according to the provisions of this agreement, the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other provision of law which may be applicable to such operation and maintenance.
3.
Use of the facilHies shall comply with all applicable laws, including, but not limited to, the requirements for registration of all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z'berg Off-Highway Motor Vehicle law of 1993.
Nondiscrimination 1.
The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement.
2.
The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3.
All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project agreement.
Applicslion Incorporation 1.
The Application and any subsequent change or eddHion approved by the state is hereby incorporated in this agreement as though set forth in full in this agreement.
55
ATTACHMENT 2
K
Severability 1.
L.
If a provision of this agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or Application, and to this end the provisions of this agreement are severable.
Goveming Law 1.
This agreement shall be construed in accordance with and be govemed by the laws of the Slate of Califomia. Any legal action arising out of the terms of this agreement shall take place in the county wherein the Project funded by this agreement is located. If the Project is located in or among two or more counties, any legal action shall be laken in the county wherein the largest land area of the Project is located.
56
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Agenda TIme Estimates: Minutes or 181 Consent
AGENDA ITEM TRANSMITTAL TO:
BOARD OF SUPERVISORS
FROM:
CONTACT FOR INFORMATION: Name: Scott Becker Phone No: 4080
Darren Thompson Sheriff-Coroner
MEETING DATI::
.DatetTlTTle ~{j:
i.eaveBlank:
110 •~/ij/;3rf NUMBER OF CERTIFIED COPIES REQUIRED: 1
(1) SUBJECT: ODNSIDER ODORDlNATED SPEOAl WEAPONS AND TAmes (SWAT) AGREEMENT WITH
04119/2013
MONTEREY ODUN1Y SHERIFF'S OFFICE
(2) BACKGROUND INFORMATION (Attach additional pages if necessary):
The Monterey County Sheriffs Office possess specialized units which the San Benito Sheriff's Office Police is unable to staff. One such unit is the Spedal Weapons and Tactics (SWAT) Team as well as Hostage Negotiations Team (HNT). Because the San Benito Sheriffs Office does not have this specialized unit, it is their desire to use the services of the Monterey County Sheriffs Office. For all services provided and incidental costs incurred by the County of Monterey under this Agreement, the County of Monterey agrees to cover such costs and not convey any costs to the County of San Benito.
(4) SUPPORTIVE DOCUMENTS RElATIVE TO nils~: Resolution Contract Ordinance 181 Other: Agreement
(5) PREVIOUS RElEVANT BOARD ACTIONS ON THIS
o
o o
(6) FUNDING SOURCE(S):
N/A (10) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
(7) CURRENT YEAR COST:
(8) ANNUAL COST:
$0
$0
DYES
ONO
If YES, STATI: NUMBER: Permanent
SPEOFlC~ :
(9) BUDGETED: DYES ONO limited Term
(11) RECOMMENDED ACTlON(S):
1). Approve the Coordinated Special Weapons and Tactics (SWAT) Agreement with Monterey County Sheriffs Office; and
2) Authorize the Sheriff to sign said Agreement ~l
I
c...:
-I-ltf}yr).,-
SIG"M' u" OF AGENCY OR DEPARTMENT AUTHORIZED REPRESENTATIVE
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTED o SET PUBlIC HEARING o APPOINTED
02/19/2013 DATI:
a.ERK'S USE ONLY
o ADOPTED o RESOLUTION NO.
o ORDINANCE NO.
----
o CONTINUED TO o0 OTHER NO ACTlO;;;N"'T>;AI(E=N;-----------
BY:
Deputy aerk of the Board
I
DATE:
Back to top COpy ROUTING:
BOARD - ORIGINAnNG DEPT. - AUDrrOR
57
•
COORDINATED SPECIAL WEAPONS AND TACTICS (SWAT) AGREEMENT Tms AGREEM)ENT is entered into by and between the Monterey County Sheriff's Office and the San Benito County Sheriff's Office,
Whereas, the Monterey County Sheriffs Office continues to maintain statfwho are fully trained and qualified SWAT Team as well as Hostage Negotiations Team (HNT) members, Including related equipment; Whereas, the San Benito County Sheriff's Office desires to use the services of the Monterey County SWAT Team to respond to emergencies involving the safety of human life or the protection of property that go beyond the capabilities of the patrol deputy for the San Benito County Sheriff's Office. Such incidents may include, but are not limited to, hostage situations, armed barricaded suspects, downed or disabled officer(s), citizen rescue, terrorist confrontations, high risk search warrants, assistance in controlling civilian disturbances, and any other circumstances that go beyond the capabilities of the San Benito County Sheriff's Office patrol personnel; Whereas, all parties have negotiated the terms under which Monterey County Sheriff's Office SWATIHNT services will be provided and have herein reduced such terms to writing. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows; SCOPE OF SERVICES: Depending on availability, Monterey County Sheriff's Office SWAT and HNT Team will respond to requests for services from the San Benito County Sheriff's Office. When requested by the Sheriff or his/her designee of the San Benito County Sheriff's Office, the Monterey County Sheriff's Office pledges to respond within 2 hours with the SWATIHNT team to resolve any law enforcement incident which is beyond the capabilities of the San Benito County Sheriff's Office, the Monterey County Sheriff's Office agrees to provide this assistance at no cost to the County of San Benito. Itis mutually understood and agreed that Monterey County Sheriff's Office will continue to be obligated to concurrently provide law enforcement services within its own jurisdiCtion, to the extent necessary or desirable in the sole opinion of the Monterey County Sheriff's Office, in order to serve its own needs at the same time Monterey County Sheriff's Office provides these services to San Benito County Sheriff's Office. The Monterey County Sheriff's Office therefore retains the right to assign the number of its personnel necessary in order to meet its own obligations. The Monterey County Sheriff's Office is a law enforcement agency adjoining the County of San Benito, which is ready, willing and able to provide law enforcement assistance to the County of San Benito. The Monterey County Sheriff's Office warrants that its personnel assigned to
58
Page 1 of7
perform law enforcement services under this MOU possess all of the professional capabilities, experience and resources necessary to render the services required by this MOU. 1: Monterey County's callout procedures applicable to this MOU are set forth in Exhibit A. attached hereto and incorporated herein by this reference. (a) To request SWATIHNT services under this MOU, the San Benito County Sheriff's Office shall contact Monterey County Sherift's Office Dispatch Center. (b) Responding SWATIHNT members shall not serve in the role of lead
investigating officer in any response for the San Benito County Sheriff's Office. Responsibility for the primary investigative role rests with the requesting party, the San Benito County Sheriff's Office. (c) Should the SWAT Team encounter hazardous, explosive, or WMD devices that are beyond their ability to manage effectively, such inability shall be immediately relayed to the Monterey County Sheriff's Office Bomb Squad, who shall then be responsible for obtaining the necessary resources to manage the hazardous device incident. Bomb Squad/WMD Specialist shall not take custody of any item of evidence for storage or safekeeping that is beyond the capability of the County of Monterey to safely and effectively store or safe keep. (d) Peace officers and any other personnel furnished by the Monterey County Sheriff will perform law enforcement services under the management and control of their own managers and/or supervisors, and equipment furnished will ordinarily be operated by personnel of the Monterey County Sheriff, who has furnished the equipment. Monterey County Sheriff peace officer personnel assigned to work pursuant to this MOU shall perform their duties in conformity with established Monterey County and Monterey County Sheriff's Office orders and procedures, and shall perform only those duties norrna1Iy performed by a peace officer.
REPORTS It is understood and agreed that the agency having primary jurisdiction for the tactical response incident shall complete any necessary criminal and investigative documents required as a consequence of the incident. Any member agency assisting at the incident shall submit necessary departmental or supplemental reports, as outlined in their respective operational policies.
OFFlCER·INVOLVED SHOOTING PROTOCOL In the event that a team member is involved in a shooting, the agency having jurisdiction over the incident will conduct the criminal investigation with 1he assistance of the officer's employing agency.
Page20f7
59
In the event of a shooting incident involving officers from more tban one agency, the agencies representing the involved officers agree to cooperate with each other and the agency ofjurisdiction in conducting the appropriate crimjnal, administrative or internal investigation(s). PERSONNEL COMPLAINT PROCEDURE In the event a complaint of improper conduct is lodged against a member of the SWAT team, the employing agency will be responsible for investigating such comp1aint with the cooperation of the team command and supervisory personnel. In the event that a complaint concerns officers from multiple jurisdictions, agencies agree to cooperate in the administrative investigation. Each agency sbaIl retain a copy of the investigation in a confidential file, pursuant to CaIifomia Penal Code §§ 832.5, 832.7 and 832.8. Any discipline will be the responsibility of the eniploying agency. Appeals to discipline resulting in suspension or removal from the team will be made to the employing agency. 2. PAYMENT; For all services provided and inciden1al costs incurred by the County of Monterey under this MOU, the County of Monterey agrees to cover such costs and not convey any costs under this MOU to the County ofSaii Benito. 3.
TERM AND TERMINATION OF THE MOU: The term of this MOU sball begin on
January 31, 2013 and continue until terminated by any Participating party. Any party may elect to termjnate its participation in this MOU by giving thirty (30) days' written notice of its intent to terminate. Such notices sball be mailed to set forth in section {51 4. INDEMNITYILIAB!!ITY:
Each party hereto is a public official of the public agency which helshe represents. Each agency is self-insurfng for all forms of legal liability, and/or that it has and majlllllins, at its sole cost and expense, worker's compensation and general liability insurance. Accordingly, except as otherwise specifically set forth herein each party shall be responsible, to the extent provided by applicable law, for its own acts and/or omissions; and neither sball be respollSlole for the acts and/or omissions of the other. 4.1 The County of San Benito sball indemnify, defund and hold harmless the Sheriff of Monterey County and the County of Monterey, their officers, agents and employees, from any loss, liability, claim, injury, death or damage arising out of, or in connection with negligence or wrongful act in the performance of the duties and obligations of the County of San Benito in connection with the perfunnance of this Agreement. 4.2 The County of Monterey and the MontQrey County Sheriff's Office sball indemnify, defend and hold harmless the County of San Benito, its officers, agents and employees, from any loss, liability, claim, injury, death or damage arising out of, or in connection
60
Page 3 of7
with negligence or wrongful act in the performance of the duties and obligations of the County of Monterey and the Monterey COlmty Sheriff's Office under this MOU. 5. NOTICES: All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail shall be addressed to the parties' current public safety headquarters as indicated on the signature page to this MOU. When so addressed, notices shall be deemed given upon being placed in the United States Mail, postage prepaid. In all other instances, notice shall be deemed given at the time of actua1 personal deliVery. Changes in the parties' addresses shall be given in writing to alI other parties to this MOU. PART B-MISCELLANEOUS PROVISIONS: 1. NO THIRD-PARTY BENIFCIARlES: Nothing contained in this MOU shall be construed to ~, nor do the parties intend to create, any rights in or for the benefit of third parties. 2. ASSIGMENTIDELIGATION: No party hereto shall assign, sublet or transfer any interest, right or responsibility contained in this MOU without the written consent of the other parties. No assignment or delegation shall have any force or effect, unless and until the necessary written consent has been provided. 3. MERGER: This writing is intended both as the final expression of the MOU between the parties hereto with respect to the included terms and as a complete and inclusive statement of the terms of the MOU. No modification of this AGREEMENT shall be effective unless and until such modification is evidenced by a writing signed by alI parties. 4. NONDISClUMINATION: The parties hereto shall comply with alI applicable federal, state and local hJ.ws, rules and regulations· in regard to nondiscrimination in employment and provision of services because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this MOU are incorporated by this reference. Further, the parties have reviewed Monterey County Ordinance prohibiting discrimination in housing employment and services because of AIDS or mv infection and agree to comply therewith. 5. By signing this MOU, alI parties are representing that they have the authority to enter into this MOU. If a party does not sign, it shall have no effect on the MOU or the performance of the parties electing to sign the MOU. 6. MODIFICATION: This MOU shall not be modified except in writing exectJted by alI parties who sign the MOU.
61
Page4of7
7. RECORDS: Parties to this MOU and their officers. employees, agents. and subcontractors shall comply with any and all federal state. and locaIlaws which provide for confidentiality of records and other ibfonnation. Neither party shall disclose any confidential records or other confidential infonnationreceived from the other party or prepared in connection with the performance of this MOU. unless the other party specifica1ly pennits such disclosure of records or information. or such disclosure is specifically required by law.
8. COUNTERPARTS: This MOU may be executed in any number of CQUIlterparts, each of which so executed shall be deemed to be an original. The counterparts sha1l together constitute one and the same agreement IN WITNESS WHEREOF. the parties hereto have executed this MOU as of the day. month and year indicated below. County of San Benito Darren Thompson Sherifl7Coroner 451 4Th Street
Hollister, Ca. 95023
County of Monterey ScottMiUer Sheritl7Coroner 1414 Natividad Road Salinas. Ca 93906
Date: _ _ __
Date: _ _ __
County of San Benito i'IJI-*Y County Counsel
County of Monterey Deputy County Counsel
lYIo;t(.... >It..~ Date:
'-l>I-ZOI~
Date: _ _ __
Page 5 of?
62
EXHIBIT A SWATIBNT CaD Out Procedures 1.
PURPOSE: To outline the operational procedures for the caIl-out of Monterey County Sheritl's Office SWAT and HNT persollnel in response to requests for services.
2.
PROCEDURES: A. SWATIBNT CaU-Oat Ust:
A current caIl-out list of SWAT and HNT personnel shall be maintained within the Computer Aided Dispatch (CAD) system and with the Monterey County Sherift's Office Dispatch Center.
B. caU-Out Procedure: 1. Depent\ing on availability, Monterey County SWAT and HNT personnel will respond to requests for service from the San Benito County Sheriff's Office for emergencies involving the safety of human life or the protection of property that go beyond the capabilitieS of the patrol deputy for the San Benito County Sheriff's Office. Such incidents may include, but are not limited to, hostage situations, armed barricaded suspects, downed or disabled officer(s), citizen rescue, terrorist confrontations, high risk search warrants and assistance in controlling civilian disturbances. 2. The agency requesting SWAT and HNT services shall contact Monterey County Sheritl's Dispatch Center to request SWAT and HNT services. (a) DISPATCH shall notify the on-call SWAT and HNT commander of the request
for service under this agreement. (b) DISPATCH shall assign an incident number to each request for SWAT and HNT services and record all phone calls relating to that request.
(c) SWATIBNT Commanl)er, having received a request for SWAT and HNT services under this MOU, shall immediately contact the Enforcement Operations Bureau Chief or hisIher designee, .and receive approval for SWAT and HNT deputies to respond to the San Benito County Sheriff's Office request.
3. Upon agreeing to respond to requests for SWAT and lINT services, Monterey County personnel shall follow the policies and procedures set forth by the Monterey County Sherift's Office as they relate to the response, handling, and disposition of the incident At the conclusion of any response to any request for SWAT and lINT services, the responding SWAT and HNT deputy sha1l prepare a report documenting the activities involved in the tesponse on a Monterey County Sheriffs Office Crime Report.
63
Page60f7
4. In the event that Monterey County SWAT and lINT is unavailable or otherwise declines to respond to a request for SWAT and HNT !!«Vices, Dispatch shall promptly notify the San Benito County Sheriff's Office of the unavailability of the Monterey County Sberift's Office SWAT and lINT.
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Page7of7
64
Estimates:
AGENDA ITEM TRANSMITTAL
15 Minutes or 0 Consent
BOARD OF SUPERVISORS Joe Paul Gonzalez County aerk - Auditor - Recorder
TO: FROM:
Name: .Joe Paul Gonzalez PI10ne No: 636-4016
REQUIRED:
1
SUBJECT: Adopt an Ordinance Establishing New Fees and Amending Existing Fees In the Fee Schedule for the Offices of the County Clerk, Recorder and Registrar of Voters
02/19/13
pages
Recent budgetary actions by the State of California have resulted ina shift of revenues away from counties, resulting in severe strains being imposed on county General Fund revenue sources. Every county office is, therefore, encouraged to assess actual costs for providing services and, where the law allows, require fees and charges to be adjusted to cover actual costs. Most fees charged by the San Benito County Clerk-Recorder-Registrar of Voters are established by State Statutes, Including the Government Code. The County Board of Supervisors may change some of the fees If they can demonstrate to the public that the costs are In excess of the income derived for the particular service as allowed under Government Code §54985. Charges and service fees researched are those open to adjustment by the San Benito County Board of Supervisors.
A Fee Study was conducted to determine the average cost of providing each of the various services performed by the Office of the County Clerk, Recorder and Registrar of Voters. The Fee Study provides the basis for the establishmen~ncrease and RE",EIVED decrease of fees detailed below and in the attached recommended fee schedule.
AJ3'·-4b30 FEB 1 3 2013
The Public Hearing was noticed as required by statute.
COU~~lT3SEL
o
ON nilS SPEOFIC ITEM:
Contract
18 OrdInance COST:
1OO11-14U I Elections Department
(9) BUDGmD: 181 NO
DYES
UmitEdTenn
It is recommended that the Board: 1) Conduct a public hearing on Ordinance # _ _ Amending Sections 5.01.035 and 5.01.036 of the San Benito County Code, Establishing New Fees and Amending Existing Fees in the Fee Schedule for the Offices of the County aerk, Recorder and Registrar 2)
of Voters; and Consider adoption of Ordinance # _ _ Amending Sections 5.01.035 and 5.01.036 of the San Benito County Code, Establishing New Fees and Amending Existing Fees in the Fee Schedule for the Offices of the County Clerk, Recorder and Registrar of Voters. February 11, 2013 DATE
r
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTED o SET PUBUC HEARING o APPOINTED
CLERK'S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
o CONTINUED TO oo OTliER NO ACTIO"'N"'T"'A"'KEN=----------
~(:
Deputy Clerk of the Board
COPY ROUTING:
Back to top BOARD - ORIGINATING DEPT. - AUDITOR
65
l
Ol=Vr<: Fn·
-16"./
~/14111
BEFORE THE BOARD OF SUPERVISORS, COUNTY OF SAN BENITO
1 2 3 4
5
6
AN ORDINANCE OF THE SAN BENITO COUNTY ) BOARD OF SUPERVISORS, AMENDING SECTIONS ) 5.01.035 AND 5.01.036 OF THE SAN BENITO COUNTY) CODE, ESTABLISHING NEW FEES AND AMENDING) EXISTING FEES IN THE FEE SCHEDULE FOR THE ) OFFICES OF THE COUNTY CLERK., RECORDER AND) REGISTRAR OF VOTERS )
ORDINANCE NO. ____
------------------------------~)
7
The Board of Supervisors of the County of San Benito ordains as follows: 8 9
SECTION 1. Title 5, Chapter 5.01, Article III, Subarticle I (commencing with Section 5.01.035) of the San Benito County Code is hereby amended to read as follows:
10
Subarticle I
County Clerk/Recorder
11
12
5.01.035
FINDINGS
13
The Board of Supervisors, County of San Benito, makes the following findings:
14
(A)
The Board of Supervisors is authorized to increase fees in an amount reasonably necessary to recover costs of providing any product or service, including indirect costs, pursuant to California Government Code section 54985;
(B)
The Board of Supervisors desires to recover the full cost of providing the services specified in this Subarticle I, by the San Benito County Clerk, Recorder and Registrar of Voters, from the parties receiving the services. The fees established by this subarticle shall be used to recover the costs of providing such services.
(C)
Fees to be adopted or increased herein shall be based on fee studies that present a reasonable estimate of the costs of providing the appiicable services, and demonstrate the proposed fees do not exceed the reasonable estimate of the costs of providing the services for which they are charged, and represent reasonable fees necessary to meet the County's operating expenses pertaining to providing the specified services.
(D)
A cost estimate study was conducted by the County and a report filed establishing a billing rate of $73 per hour or $1.22 per minute for services provided by the County Clerk, Recorder and Registrar of Voters. The fees specified in section 5.01.036 are based upon this study and do not exceed the reasonable costs to the County of performing the applicable services.
(E)
The fees set forth in section 5.021.036 are charges imposed for specific governmental services provided directly to the payor of the fee, and such services will not be provided to those that are not charged.
15 16 17 18 19 20 21
22 23
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28
Ord. Amending Fce Schedule for Services
oftheClerk:~Recorder
& Registrar of Voters
66
Page I of6
1
(F)
Only those individuals voluntarily requesting the services provided by the Offices of the County Clerk, Recorder and Registrar of Voters will be charged the proposed revised fees.
(G)
Government Code section 27361(a) allows for the collection of a fee of $10 for the recording and indexing of the first page of every inst:rument, and $3 for each additional page, to reimburse the County for the costs of services rendered.
(H)
Government Code section 27361(c) allows for the collection of a fee of $1 for the first page and $1 for each additional page of each instrument for the purpose of providing for the full modernization of the County's recording system.
(I)
Government Code section 27361(d) also allows the Board of Supervisors of each County to allow the Recorder to charge an additional fee of $1 on the first page of every instrument for the purpose of implementing a social security number truncation program pursuant to Article 3.5 (commencing with Section 27300). The County Auditor shall perfonn two reviews, the first no later than December 31, 2013 and the second no sooner than June 1, 2017 and no later than December 31, 2017, to verify that the funds generated by this fee are used solely for the purposes of the program, to state the progress of the Recorder in truncating recorded documents and to estimate any ongoing costs of compliance with Government Code Section 2730l(a) and (b).
(J)
In addition, Government Code section 2736l.4(a) allows for the collection of a fee of $1 for filing every instrument, paper or notice for record,. to defray the cost of converting the County Recorder's document storage system to micrographics.
(K)
Government Code section 27361.4(b) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, in exchange for the establishing the days of operation for the County Recorder's Offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure.
(L)
Government Code Section 27361.4(c) allows the Board of Supervisors to adopt a fee of an additional $1 for filing every instrument, paper or notice for record, provided that the instrument, paper or notice is indexed within two business days of recordation.
(M)
The total fee that the Board of Supervisors adopts for the recording and indexing the first page of each instrument is $15, reflected in the Fee Schedule set forth in section 5.01.036.
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5
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24
25 26 27
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67 Ord. Amending Fee Schedule for SelVices of the Clerk-Recorder & Registrar of Voters
Page 2 of6
1
5.01.036
FEE SCHEDULE
2 3
The following fees shall be collected by the San Benito County Clerk-Recorder and Registrar of Voters:
4
Service 5 6 7
8 9
10 11
12 13
14
15 16 17
18 19 20 21 22 23 24
25 26
27 28
Vital Records - Clerk's Fees Preliminary 20-day Filing and Notice Birth Certificate/Search Birth Certificate/Search (Government Agencies) Death Certificate/Search Death Certificate/Search (Government Agencies) Fetal Death Certificate/Search Marriage Certificate/Search Marriage Certificate/Search (Government Agencies) Confidential Marriage Certificate/Search Marriage LicenselPUBLIC (Cash Only) Marriage License/CONFIDENTIAL - Restrictions Apply (Cash OnlYl Duplicate Marriage License (Cash Only) Filing Affidavit to AMEND Confidential Marriage Certificate (One Year or More After Date of Marriage) Deputy Commissioner for One Day Credible Witness Fee (per Signature for Marriage License Applicants Without Property Identification) Witness Fee (For the Required Witness at Marriage Ceremonies) Performing Civil Marriage Ceremony in Office Fictitious Business Name Filin2S - Clerk's Fees Fictitious Business Name (Includes 1 Owner) Additional Fictitious Business or Partner Name Abandonment of Fictitious Business Name Statement of Withdrawal From Partnership Operating Under Fictitious Business Name Fictitious Business Name Standard Marketing Report (First Page) Miscellaneous Filings - Clerk's Fees I.D. Cards for Process Server, Professional Photocopier, Legal Document Assistant or Unlawful Detainer Assistant Professional Photocopier Filing Unlawful Detainer Assistant Filing Legal Docunient Assistant Filing Process Server Filing Process ServerlProfessional Photocopier Filed Together Miscellaneous Filings - Recorder's Fees Power of Attorney - Surety Company (Appointment or Revocation) First Name Power of Attorney - Surety Company (Appointment or Revocation) Additional for Each Added Name
Fee $5 0.00 $20.00 $1 4.00 $1 6.00 $1 6.00 $ 13.00 $1 4.00 $1 0.00 $1 4.00 $75.00 $85.00 $20.00 $20.00 $75.00 $1 0.00 $10.00 $50.00 $3 0.00 $7.00 $30.00 $30.00 $15.00 $10.00 $175.00 $175.00 $175.00 $175.00 $100.00 $15.00 $7.00 68
Ord. Ame nding Fee Schedule for Services of the Clerk·Recorder & Registrar of Voters
Page 3 of6
1 2 3 4
5
6 7
8 9
10 11
12 13 14
15 16 17 18 19 20 21 22 23
Bond for Legal Docwnent Assistant (File, Cancel, Withdraw or Revoke) First Page Each Additional Page (Bond) Bond for Notary (File, Cancel, Withdraw or Revoke) First Page Each Additional Page (Bond) Bond for Process Server (File, Cancel, Withdraw or Revoke) First Page Each Additional Page (Bond) Bond for Professional Photocopier (File, Cancel, Withdraw or Revoke) First Page Each Additional Page (Bond) Bond for Unlawful Detainer Assistant (File, Cancel, Withdraw or Revoke) First Page Each Additional Page (Bond) Notary Public Filing (of Oath) Recording Fee Notice of Deterrnination for Which a Negative Declaration Was Prepared Pursuant to the Public Resources Code (Includes County Clerk Handling Fee of$50.00) Notice ofDeterrnination With an Environmental Impact Report Prepared Pursuant to the California Environmental Quality Act Notice of Exemption Fee Notary Signature Authentication - First Signature, Per Notary Notary Signature Authentication - Each Additional Signature After the First For the Same Notary Signature Acknowledgment, per Signature Military Record Copies (DD-214) Clerk Search - Files or Records Certificate to the Official Capacity of Any Public Official Copies/Maps Official Clerk Copies (First Page Per Docwnent) 8'l2" x II" Official Clerk Copies (Each Additional Page Per Docwnent) 8 'l2" x II" Certified Clerk Copies (First Page Per Docwnent) 8Y:z" x II" Certified Official Clerk Copies (Each Additional Page Per Same Document) 8Y:z" x II" Election Copies/Page (Including FPPC Filings) Election Compact Disc - Coun..!}'wide/Jurisdictional Election Mailing Labels/per Sheet Cost (30 Labels per Sheet) Certification Under Seal (per Certified Docwnent) Election Map
24 25
26
Candidate Statements (Countywide)
$3.00 $1 5.00 $3.00 $1 5.00 $3.00 $1 5.00 $3.00 $1 5.00 $3.00 $25.00 $2,206.25
$3,045.25 $50.00 $1 5.00 $5.00 $5.00 No charge $5.00 $1 0.00 $5.00 $2.00 $20.00 $3.00 $0.10 $40.00 $0.19 $20.00 Per GIS Pricing Schedule
$450.00 Fixed Fee Per Quarter Page
Candidate Statements (Jurisdictional)
$350.00 Fixed Pee Per Quarter Page
27 28
$1 5.00
Jurisdictions - Minimwn Charge For Jurisdictions That Do Not Go To Election Due to Insufficient Nominee Research and Compilation Services Ord. Arne nding Fee Schedule for Services of the Clerk-Recorder & Registrar of Voters
$400.00 Per Jurisdiction Per Contest
$37.00 69 Page 4 of6
1
2 3
4
CD Rom Copies of Statement of Vote Report Records Over Five Years Old Add Retrieval Service Fee
5 6 7
Maps by District
8
Postage and Handling
9
Outgoing Faxes Within the USA
10
Minimum $37.00 per Half-Hour Increment $40.00 $37.00 Minimum $37.00 per Half-Hour Increment Per GIS Pricing Schedule
$3.00 Minimum $5.00 First Page $1.00 per Additional Page
11
SECTION 2. General Provisions 12 13
The Board of Supervisors finds as follows: Fee Study: The County Auditor-Controller's 2011 fee study prepared in connection with the proposed amendments to the fee schedule set forth in Section 5.01.036 of the San Benito County Code presents a reasonable estimate of the armual costs of services, demonstrates that the proposed amended fees do not exceed the reasonable . estimate of the costs of providing the services, and represents reasonable fees necessary to meet the County's operating expenses pertaining to providing such services; Environmental Review: Based on the record before it, the Board of Supervisors hereby finds that the proposed adoption of an Ordinance amending the fee schedule set forth in Section 5.01.036 of the San Benito County Code, does not constitute a project subject to the. requirements of environmental review under the California Environmental Quality Act (CEQA) (California Public Resources Code section 21084 et seq.) andlor is statutorily exempt under Section 21065 and 21080(b)(8) and CEQA Guidelines Section 15061(b)(1) (California Code of Regulations Title 14, Section 15061 (b)(3)). CEQA defmes the term "project" as " ... an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. .. " (pub. Res. Code §21065.) The proposed amendments to the fee schedule will not result in any direct or indirect physical changes in the environment. However, based on the record before it, the Board of Supervisors hereby further finds that if the proposed amendment of the fee schedule was considered to be a project under CEQA's defmition, it would nevertheless be deemed statutorily exempt from the California Environmental Quality Act pursuant to CEQA Section 21080(b)(8), which exempts "[tJhe establishment, modification, structuring, restructuring, or approval of ... charges by public agencies which the public agency fmds are for the putpose of (A) meeting operating expenses, including employee wage rates and fringe benefits." As stated above, the proposed action is merely related to the Board's establishment, modification, structuring, restrucruring, andlor approval of a fee schedule for the putpose of meeting operating expenses related to the services of the County Clerk-Recorder and Registrar of Voters. 70 Ord. Amending Fee Schedule for Services of the Clerk-Recorder & Registrar ofVotees
PageS of6
1
C.
2
3 4
D.
5 6
E.
7
F. 8
9
Severability: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have enacted this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Captions: The titles and headings to the sections hereunder are not part of this ordinance and shall have no effect upon the construction or interpretation of any part hereof. Effective Date and Codification: Section one of this ordiriance shall be codified. The remaining sections shall remain un-codified. This ordinance shall take effect thirty (30) days after its adoption. Publication: Within ten (10) days after its adoption, this ordinance shall be published pursuant to-California Government Code 6061 in its entirety in a newspaper of gerieral circulation which is printed, published and circulated within the County of San Benito, State of California.
10 11
12 13 14 15
The foregoing Ordinance was passed and adopted by the Board of Supervisors of the County of San Benito, State of California, at a regular meeting of said Board held on the 19th day of February, 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT:
Supervisor(s ) Supervisor(s) Supervisor(s) Supervisor(s)
16
By: _ _ _ _ _ _ _ _ _ _ _ __ Anthony Botelho, Chair
17 18
19
ATTEST: Deruse R. Thome, Clerk of the Board
APPROVED AS TO LEGAL FORM: San Benito County Counsel's Office
20
By: 21
22
Date:
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71 Ord . Amending Fee Schedule for Services of the Clerk-Recorder & Registrar of Voters
Page 6 of6
APPENDIX-A SAN BENITO COUNTY CLERK AND RECORDER FEE SCHEDULE
JOE PAUL GONZALEZ County Clerk I Recorder I Registrar of Voters Effective 2013
Code
1.0 - Recording Fees - Recorder's Fees
2013 Fee
First page of all titles NOT associated with the Real Estate Fraud Fee (8-112"xll ") .................................
GC27361 (a),(c),(d); GC27361.4(a)(b)(c)
$
15.00
1.2
Each Additional Page of Document .......................
GC27361 (a)
$
3.00
1.3
Non-conforming page size (other than 8-1I2"x11 ") all pages penalized ................................................
GC27361a, GC27361.5
$
3.00
Release of lien by a local government entity (other than Federal) ...... ....................................................
GC27361.3, GC27361.4, GC27361
$
15.00
1.5
Documentary Transfer Tax (per $500) .......................
R&Tl1911
$
0.55
1.6
Notification of involuntary lien (1 st debtor) ..................
GC27387
$
7.00
1.7
Notification of involuntary lien (each additional debtor) ..
GC27387
$
7.00
1.8
Documents recorded without a Preliminary Change of Ownership Report ................................................
R&T480.3
$
20.00
Conformed copies (each copy, if copy provided for conforming (2 max.) ................................................
GC27361(d)(2); 26831
$
2.00
1.10
Penalty print (per page) ........................................
GC27361a
$
1.00
1.11
Map Recording Fee (1st page) ...........................
GC27372, GC27361
$
9.00
1.12
Map Recording Fee (ea. subsequent page after 1st)
GC27372
$
3.00
1.13
Each add. group of 10 names indexed (ea group of 10 names after 1st 10 names) .....................................
$
1.00
1.1
1.4
1.9
1.14
1.15
Financing Statements (1-2 pages) 8-1/2" x 11"; UCC Search ......... ....................................................
9403-9407 Commercial Code-UCC)
$
10.00
Financing Statements (3 pages or more) 8-1t' x 11" ......
9403-9407 Commercial Code-UCC)
$
20.00
Page 1 of5
72
APPENDIX·A
~roDOSed
2.11 - Vital Be!iords • Clerk's Fees
£!!!!!
2.1
Preliminary 2O-day filing & notice .......... .. .... ... ... .. . ......
2 .2
Birth Certificate/Search .......................•..................... H&S10362S, H&S103525.S, W&118966, H&S100430
2.3
2.4
2.5
2.6
2.7
2013 Fee
Civil 3097; GC27387
$
SO.OO
$
20.00
H&S103625. H&S100430, H&S103525.5 $
14.00
H&S103625, H&S1 00430,H&S1 0352S. 5, Penal 14251
$
16.00
H&S103625, H&S100430, H&S103525.5, Penal 14251 $
16.00
H&S103625 , H&S100430 $
13.00
Birth Certificate/Search (Government agencies) ............
Death Certificate/Search ..........................................
Death Certificate/Search (Government agencies) ..........
Fetal Death Certificate/Search ....... " ... " •... " ....•........ Marriage Certificate/Search ......... " ........ " .................. H&S103625, FC1852, AB233, H&S100430
$
14.00
2.8
Marriage Certificate/Search (Government agencies) ......
H&S10362S, H&S100430 $
10.00
2 .9
Confidential Marriage Certificate/Search .....................
H&S103625, FC1852, H&S100430
$
14.00
GC26840, H&S10043S, GC26840.3, W&11830S
$
7S.00
GC26840, H&S100435, GC26840.3, W&118305, GCS4985, FC510
$
8S.00
2.10
2.11
Marriage License/PUBLIC (Cash Only) ......................
Marriage License/CONFIDENTIAL-restrictions apply (Cash Only) ... ...... ........................ .....................
2.12
Duplicate Marriage License (Cash Only) ....................
FC360,S10; GC5498S
$
20.00
2.13
Filing Affidavit to AMEND Confidential Marriage Certificate (one year or more after date of marriage) ....
H&S 103700
$
20.00
2.14
Deputy Commissioner for One Day ............................
GC54985a
$
7S.00
2.15
Credible Witness Fee (per Signature for marriage license applicants without proper identification) .. .................... GC26831
$
10.00
GC26831
$
10.00
$
SO.OO
2.16
2.17
Witness Fee (for the required witness at marriage ceremonies) ... .. ....................................................
GC26861; 54985 ·Performing Civil Marriage Ceremony in Office ............ • Curmelty Office Ceremonies are not proviced. This will be a future service.
Page 2 ofS
73
APPENDIX-A ~rol!osed
3.0 - Fictitious Business Name Allnas - Clerk's Fees
Code
2013 Fee
3.1
Fictitious Business Name Oncludes 1 owner) ..... .......
B&P17929a,d
$
30.00
3.2
Additional Fictitious Business or partner name... ... .. . .. ..
B&P17929a,d
$
7.00
3.3
Abandonment of Fictitious Business Name.. .. .. ............
B&P17929b,d
$
30.00
3.4
Statement of Withdrawal from Partnership operating under FBN.. .... ............... ........................ ...............
B&P17929c,d
$
30.00
FBN standard marketing report (1st Page) ....... ...•.
B&P17929c,d
$
15.00
3.5
~[2l!osed
4.0 - Miscellaneous Filings - Clerk's Fees 4.1
2111;1 Fie
I.D. cards for Process Server, Professional Photocopier, Legal Document Assistant or Unlawful Detainer Assistant... ...... ... ... ... ... ... ... ... ...... ......... ...........
B&P6404, 22352, 22453
$
10.00
4.2
Professional Photocopier filing .............. ... ...... .. ...... .... . B&P22453
$
175.00
4.3
Unlawful Detainer Assistant filing ......... ... ....... .... .
B&P6404
$
175.00
4.4
Legal Document Assistant filing....... .. ...... .... .. ... ......... B&P6404
$
175.00
4.5
Process Server filing...... ......... ...... .... .. ...... ... ......
B&P22352
$
175.00
4.6
Process Server/Professional Photocopier flied @ same time............ ................... ........................ .......
B&P22453.1
$
100.00
~rol!osed
5.0 - Miscellaneous Filings - Clerk-Recorder's Fees 5.1
2013 Fee
Power of Attorney - Surety Company (appt or revocation) GC26855.1 1st Name.. . ............... ............ ..............
$
15.00
Power of Attorney - Surety Company (appt or revocation) Additional for each added name ............... GC26855.1
$
7.00
Bond for Legal Document Assistant (file, cancel, withdraw B&P6405 or revoke) 1st Page...... ..... .........................
$
15.00
5.4
Each Additional Page (Bond).... ........ ... ...................
B&P6405
$
3.00
5.5
Bond for Notary (file, cancel, withdraw or revoke) 1st Page...... ............... ............... ............ ...............
GC26849.1,8213
$
15.00
5.2 5.3
5.6
Each Additional Page (Bond)... .. ............... .. .... ........... B&P22353
$
3.00
5.7
Bond for Process Server(file, cancel, withdraw or revoke) B&P22353 1st Page.. . ............... ..............................
$
15.00
5.8
Each Additional Page (Bond) .......................... .... .... ..
$
3.00
5.9
Bond for Professional Photocopier (file, cancel, withdraw B&P22455 or revoke) 1st Page.. ... .... .. ............................ ...
$
15.00
5.10
Each Additional Page (Bond) .... .......... ........... .. .. ........ B&P22455
$
3.00
5.11
Bond for Unlawful Detainer Assistant (file, cancel, withdraw or revoke) 1st Page ...... .. .. .............. .... ..
$
15.00
$
3.00
5.12
B&P6404,6125-6133
Each Additional Page (Bond) ............. .... .................... B&P6405 Page 3 of 5
74
APPENDIX-A 5,0 - Miscellaneous Filinas - Clerk-Recorder's Fees (Cont ... ) 5.13
Proposed 2013 Fee
Code
Notary Public filing (of Oath) Rec Fee ........................ .. GC26850; 26855;26855.3 $
5.14
25.00
Notice of Determination for which a Negative Declaration was prepared pursuant to the Public resources Code (includes Co. Clerk Handling Fee of $50)...... ...... ......... F&G 711.4 d,e
$ 2,206.25
Notice of Detenmination with an Environmental Impact Report prepared pursuant to the California Environmental F&G 711.4 d,e Quality Act.. ........ ..........................
$ 3,045.25
5.16
Notice of Exemption fee ............ .............. ................
F&G711.4,713
$
50.00
5.17
Notary Signature Authentication -1 st signature, per Notary ........ ......................... ................................ . GC26855; 54985
$
15.00
GC26855; 54985
$
5.00 5.00
5.15
5.18
Notary Signature Authentication- Each additional signature after 1st for the SAME Notary ................. .
5.19
Signature Acknowledgment, per Signature............... .... GC26855, GC54985(a)
$
5.20
Military Record copies (DD-214)......... ..................
GC27381
no charge
5.21
Clerk Search - files or records........ . ......... ...... .........
GC26854
$
5.00
5.22
Certificate to the official capacity of any public official.....
GC26839; 26852
$
10.00
P!2l!osed 2013 Fee
6.0 - Copies/Maps 6.1
Official Clerk copies (1 st page per document) 8 112 x 11
GC26831
$
5.00
6.2
Official Clerk copies (each add~ional page per document) 8 1/2 x 11...... ............... ............... GC26832
$
2.00
6.3
Certified Clerk Copies (1st page) 8 112 x 11.. ................ GC26839; 27366
$
20.00
6.4
Certified Official Clerk copies (each add. after 1st page same document).................... . ..............................
GC26833
$3.00
6.5
Election copies/page (including FPPC Filings) ....... ........ GC26831
$
0.10
6.6
Election Compact Disk-Countywide/Jurisdictional.. ..
GC26831; 27366
$
40.00
6.7
Election Mailing Labels/ per sheet cost (30 labels per sheet) ......... ................................................... .
GC26831
$
0.19
GC26839
$
20.00
6.8
Certification under seal (per certified document) .......... ..
Page 4 of5
75
APPENDIX - A Proposed 2013 Fee
6.0 - CopieslMaps (Cont... l 6.9
Election Map ... ............ ... ...... ... ...... ... ...... ... ... ... ... ... GC26831
Per GIS pricing Schedule
6.10
Candidate Statements (County-wide) ........................... EC13307
$450 Fixed Fee per quarter page
6.11
Candidate Statements - (Jurisdictional)...... ... ...... ... ...
EC13307
$350 Fixed Fee per quarter page
6.12
Jurisdictions - Minimum charge for jurisdictions that do not go to election due to insufficient nominees .... ................ .
GC26831
$400 per jurisdiction per contest
6.13
Research and Compilation Services...........................
GC54985
$37.00 Minimum and $37.00 per halfhour increment
6.14
CD ROM copies of Statement of Vote Report... ... ... ... .... GC26831
6.15
Records over five years old add retrieval services fee...
6.16
Maps by District... ................................................... Reso: 2011-97
Per GIS pricing Schedule
6.17
Postage and Handling ................................................ GC26831
$3.00 Minimum
6.18
Outgoing faxes within USA................................... .
$5 per 1st pageE. $1 per add. page
Page 50f5
GC54985
GC54985
$40.00
$37.00 minimum and $37.00 per halfhour increment
76
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San Benito County Auditor-Controller
I.
2012
Introduction
This study concerns the allowable full cost-recovery of selected services provided to the public by the San Benito Clerk-Recorder. The County Auditor began the fee study for selected service activities of the San Benito Clerk-Recorder In February of 2011. Recent budgetary actions by the State of California have resulted in a shift of revenues away from counties, resulting in severe strains being imposed on county General Fund revenue sources. Every county office is, therefore, encouraged to assess actual costs for providing services and, where the law allows, require fees and charges to be adjusted to cover actual costs. Charges and service fees researched are those open to adjustment by the San Benito County Board of Supervisors. The fees and charges studied were those of the Clerk-Recorder as included in the list below: 1. Regular Marriage Licenses 2. Confidential Marriage Certificates 3. Duplicate Marriage Licenses 4. Power of Attorney - Sureties 5. Fictitious Business Name (FBN) Filings 6. FBN Second and Additional Name Filings 7. FBN Abandonment and Withdrawals 8. Clerk's Signature Verification Certificates 9. Duplicates of Official Documents (Copying) 10. Liens, Notices, Mailings 11. Twenty-Day Preliminary Notices 12. Certification Fee 13. Marriage Ceremonies 14. Conformed Copy Charges 15. Fax/Electronic Transmission Fee 16. Document and Map Recording 17. Certification of Electronic Recording Submitter 18. Research, Compilation, Retrieval Services Fees 19. Deputy Commissioner for One Day 20. Witness and Credible Witness Fee 21. FBN Standard Marketing Report
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Introduction
This study concerns the allowable full cost-recovery of selected services provided to the public by the San Benito Clerk-Recorder. The County Auditor began the fee study for selected service activities of the San Benito Clerk-Recorder in February of 2011. Recent budgetary actions by the State of California have resulted in a shift of revenues away from counties, resulting in severe strains being imposed on county General Fund revenue sources. Every county office is, therefore, encouraged to assess actual costs for providing services and, where the law allows, require fees and charges to be adjusted to cover actual costs. Charges and service fees researched are those open to adjustment by the San Benito County Board of Supervisors. The fees and charges studied were those of the Clerk-Recorder as included in the list below: 1. Regular Marriage Licenses 2. Confidential Marriage Certificates 3. Duplicate Marriage Licenses 4. Power of Attorney - Sureties 5. Fictitious Business Name (FBN) Filings 6. FBN Second and Additional Name Filings 7. FBN Abandonment and Withdrawals 8. Clerk's Signature Verification Certificates 9. Duplicates of Official Documents (Copying) 10. Liens, Notices, Mailings 11. Twenty-Day Preliminary Notices 12. Certification Fee 13. Marriage Ceremonies 14. Conformed Copy Charges 15. Fax/Electronic Transmission Fee 16. Document and Map Recording 17. Certification of Electronic Recording Submitter 18. Research, Compilation, Retrieval Services Fees 19. Deputy Commissioner for One Day 20. Witness and Credible Witness Fee 21. FBN Standard Marketing Report
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22. Bond Filing Fee for legal Document Assistant, Professional Photocopier & Unlawful Detainer Assistant; Additional Pages 23. Notary Public Filing (Of Oath) Recording Fee 24. Notary Signature Authentication - Add. Signature Fees 25. Postage and Handling Minimum Charge
A) Legal and Statutory Background On November 2, 2010 California's voters approved Proposition 26 which requires some new fees and certain existing fees that are extended or increased by a local government to be re-classified as special taxes requiring a supra-majority vote to pass, unless an exception applies. This reclassification is accomplished by redefining all agency levies, charges and exactions of any kind to be a tax, unless it fits within one of seven exceptions or is not "imposed" by the local government (i.e. is a voluntary payment specified by contract). The San Benito County government provides various services and licensing and regulatory activities that meet the specific exemption requirements of Proposition 26. The San Benito County Clerk-Recorder's Office is exempt from the re-classification requirement as all charges included in this fee study are levied on the user of the service at a reasonable cost that is directly conferred to the payor, and is not provided to those not charged. For some of these, the fee is set by State government. For others, local government can set the fee within certain guidelines. User fees are charged for certain services and activities that benefit or serve selected users rather than the general public. Examples of user fees include fees for police permits, a dog license, or the filing of a notary bond. User fees pay for legitimate services that county government provides which should be paid for by the user rather than by the general public through taxes.
Government Code §§54985-54987, which became law in 1983, state:
... a county board of supervisors shall have the authority to increase or decrease the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied. The fee or charge may reflect the average cost of providing any product or service
or enforcing any regulation. (Emphasis added.)
Additionally, government Code
§54986(a)requt... ,
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... Prior to either approving an increase in an existing fee or charge or initially imposing a new fee or charge pursuant to section 54985, the board of supervisors shall hold at least one public meeting, at which oral or written presentations may be made, as part of a regularly scheduled meeting.
B) Cost-Recovery Study for County Fee and License Services Most fees charged by the San Benito Clerk-Recorder are established by State Statutes, including the Government Code. The County Board of Supervisors may change some of the fees if they can demonstrate to the public that the costs are in excess of the income derived for the particular service as allowed under Government Code §549aS. Therefore, the San Benito County Clerk-Recorder commissioned the County Auditor to conduct a cost-recovery study in early Winter of 2011. The County Auditor's Office incorporated the federal and state regulatory, statutory and legislative requirements for cost-recovery studies, and exercised the care and detail that is required for any such study. In developing the San Benito County study methodology, the County Auditor Office consulted with County Clerk-Recorder staff, researched staff activities, and reviewed State legislation relative to local government charges and fees. This study is similarly in format and methodology used by other County Auditor's Offices and consultants in other California counties. Further details related to the study methodology and data recording instruments are available at the office of the County Auditor.
C) San Benito Clerk-Recorder's Office State Government Codes refer to the Clerk-Recorder's duties which include maintaining files on fictitious business names and notary publics, issuing certified copies of records and numerous official document filings. In addition, numerous fees as specified by law are collected by the Clerk-Recorder in the capacity of Registrar of Voters and commissioner of civil marriages. In counties where an appointment to the County Office is not made the Registrar of voters is the ex-officio duty of the Clerk. The consolidated office is responsible for recording, filing and safekeeping documents pertaining to real property. These functions include indexing and reproduction of all documents, maps, papers and notices for which State law requires recording or filing. The Office also registers and files marriage certificates, in addition to financial statements and related papers required by the Uniform Commercial Code. The Recorder also performs other services which were not included in this study. Many of the duties and responsibilities of the Clerk-Recorder are prescribed by State law and the associated fees may 3 iP age
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San Benito County Auditor-Controller
not be adjusted by the Board of Supervisors. However, the statutes allow that for some functions, fees or charges may be adjusted by the County in order to recover the full estimated cost of providing that service for the user.
II.
Study Methodology
The San Benito County study began with a review of both audited and unaudited documents, especially financial records of the fiscal year 2011-12 for the County departments under the control of the Clerk-Recorder. The County's Comprehensive Annual Financial Report, adopted and final budgets and A-87 Cost Plan were used to ascertain direct and indirect costs associated with the operations of each of the departments. The County Auditor then worked closely with the Clerk-Recorder staff to review all basic tasks and functions related to the items, licenses, fees, and charges under this investigation. Time tracking and estimating forms were developed to determine typical time requirements to the closest minute for various tasks and sub-tasks (see Appendix D). Some material from Cost Recovery and Fee Studies contractually performed in prior years for the County of San Benito by Government Finance Research was substituted for time tracking data of services not provided during the time-study period.
The Clerk-Recorder's staff work details were carefully researched to find out what staff tasks were required both at the time of any public request for a license, filing or service and after the individual had left the office. For example the issuance of a marriage license requires personal interviews and processing with the applicants for the license at the time the license is issued. The marriage license function also requires the Clerk-Recorder to index, enter data into computer files, periodically send reports to the State Department of Vital Statistics and Office of the Secretary of State and answer detailed questions by telephone, as well as numerous tasks as indicated in the Appendix of this report. The management staff of the Clerk-Recorder met with and discussed details regarding the time tracking sheets with the County Auditor. The County Auditor then tallied the calculated minutes based on the total time that staff expended on each task. Samples of those forms may be found in Appendix D of this report. Fees and procedures of selected counties were researched for fee and charges comparison purposes. Those counties in closest proximity to San Benito County were selected for inclusion to the group of targeted counties to insure that regional public sensitivity of fees and charges
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was addressed in the study. In order to insure that the breadth and depth of fees and charges were available for comparative purpose, larger counties were included in the study. Staff salaries, employee fringe benefits, and the County's indirect and overhead costs were all computed precisely and reduced to a productive hourly rate or cost. The time expended for certain activities was averaged so that the actual minutes calculated are based on frequent repetitions of the specific task. The following section provides the results of the time study and basic calculation of the costs. The analysis is explained in some detail in order to provide the reader with the full logic of the cost formula.
III.
Cost Analysis and Determination
This section describes the steps that were used to determine costs associated with the specific activities of the San Benito Clerk-Recorders Office identified in Section II.
A)
Time Calculations
All known costs incurred by the County in order to provide the services outlined in the introduction were calculated and tallied. The number of minutes calculated for the specific service provides the analysis with a reasonable formula to determine the average cost per unit of providing a specific service (for example, the issuance of a marriage license). The calculation is as follows:
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The following subsections describe the method used to determine the costs per minute of staff (productive hours and minutes) used in the formula above.
B)
Analysis of Staff Costs: Calculation of Productive Hours
"Productive Hours" are those hours that a worker can be considered to actually be "on the job" in the work place. It is virtually impossible for any San Benito County Employee to work nonstop for eight hours a day, five days a week, 52 weeks a year. In reality, the law allows for employees to have holidays, vacation time and sick leave off from work, and break time every day at work. Productive hours are used for the calculations in this report. An audit of the department timecards for the fiscal years covered under this study revealed that on average the cumulative totals of vacation taken by the Clerk-Recorder staff was calculated at 80 hours per year. All of the clerical staff for the department are members of a represented bargaining group that require 120 hours of furlough time. Additionally, employees are allowed legal holidays (calculated at 112 hours per year). The estimated average amount of time that employees take for sick leave is 88 hours per year. Another lOS hours are consumed by break time for the weeks they are at work. On the basis of these averages, an employee is away from his/her work 292 hours each year. The maximum potential of 2,080 working hours (full-time) is, therefore, equivalent to 1575 actual productive hours (ph) per person per year.
Table 1
San Benito Clerk-Recorder's Office Calculation of Productive Hours
~~:~r~ :::;~:k~orkingrOU~ per~ear :"{i:{i',:;'V>-:
..
2,080
~ /,i i(:Z:t;',:i"
Less: . Vacation Time -, is; ., Sick Leave . Legal Holidays Furlough Time
80 88 112 120 6 1Page 84
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San Benito County Auditor-Controller
The "productive hours" concept is used as a base for other calculations of costs In this study. For example, the total number of productive hours for the 6 staff positions (F.T.E. = full-time equivalent) of the San Benito Clerk-Recorder's staff is calculated at 9,450.
C}
Line item Calculations, Billing Formula
Table 2 Identifies seven line items that should be included in a calculation of the billing rate for the San Benito Clerk-Recorder's office. These follow: 1. Individual Staff Salary Cost: This figure includes both the direct wages and salaries paid to the employee in the County Recorder and County Clerk's Office and his or her insurance and fringe benefit costs. Averaged for the appropriate staff (non-managerial) the annual cost, including fringe benefits, is $64,280. 2. County Indirect Costs: The cost to be considered for the San Benito County Recorder and County Clerk services should include the County's overhead costs, which are calculated on an annual basis by the County's Cost Plan Consultant, Capital Accounting Partners llC. This process is generally referred to as the annual A-87 "cost allocation plan." The San Benito County Auditor-Controller staff regularly prepares a summary "Indirect Cost Rate Proposal" for the different county departments. The figure set for 2011-12 is $55,100 for the County Clerk and Recorder combined. The calculation is as follows: $55,100 + 7,875
=$7.00 County Indirect Costs per productive hour
3. Services and Supplies Indirect Costs: The indirect cost calculation is based on expenditure costs for 2011-12 for services and supplies used by the Office ofthe County Recorder and County Clerk. Services and Supplies are those costs other than salary and employee benefits costs. These costs are reported as $77,992 in FY2011-12 Budget actuals. The cost of services and supplies for a fiscal year was divided by the number of productive hours the County Recorder and County clerk staff performed during the year.
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San Benito County Auditor-Controller $77,992 ;' 7,875
=$9.90 Services and Supplies Indirect Costs per
productive hour
4. Management and Supervision Costs: The San Benito Clerk-Recorder provides ongoing management support and supervision on a daily basis. There are hundreds of complex tasks that require management review and decision-making in order to allow for the delivery of the services described earlier. The County Auditor's Office analyzed the supervisory positions and calculated a precise billing rate to be used for this line item. Annual salaries (including fringe benefits) are used to calculate hourly cost rates. These salaries are divided by the annual productive hours of those employees who report to the specific supervisory staff listed. The calculations result in the following Per Productive Hour calculation:
Manalll!ment and SupeNisIDn Costs
I CIC! ,k-A "d i lor-Recorda,
I
..... lslantCounl!lCl.r1<-Roco ..... SonIorDopUII/CIIf1t.R........
I
SanlorDllpulyBln'l3lullll Oft.Recorder
Supervision % Total salary& AliocalA!d Benefits AIiOColIlion Cosl 230,147 $ 0.15 $ a4,612. 133,538 $ OA $ 4S..Q.S 88,!J18 S 0.15 $ U338 82..Z60 S 0.1 $ 8.226
Productiv~
flours
1102.5 !J4SC 7ff15 7ff15
I
ToIIII
PPII COSt $ l.1A $ 4.81 $ 1.69 $ 1.04 S 1D.68
5. County Recorder and Clerk Information Technology Capital Costs: Information Technology service improvement costs have been identified to increase the accessibility of services that the department offers via the Department's website, www.sbcvote.us. The Department will be upgrading the Clerk-Recorder's network computer software and hardware systems during the 2012-13 and 2013-14 fiscal years. The costs are estimated at $40,000. San Benito County should be able to recover a reasonable percentage of these costs through an appropriate billing rate. The costs are amortized over two years and divided by the productive hours of the Clerk-Recorder's Department. The calculation is as follows: $20,000 + 7,875 = $2.54 Capital Costs per productive hour 6. Cost-Recovery Research and Study Costs: State Law (Government Code §S4985) allows counties to include any and all costs of the study of fees or for the preparation for public meetings to adjust fees to be included in the fees and charges established. This is a very small percentage of the recoverable costs.
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c:o.NIt_"'.......h ...Ilullrc..:
nllll!/lir.
Iloudv salalV.
AI~an
Banon..
1111 $ III S
TOI.allWo YNrCXISl
Yr. 1 Yr.Z
111$
AllocIII.I!d PradUCUve PPlI ca.l ca.l lloull JI7!j $ LItJ 11Q.94 $ llnz 11Q.94 S 78751 $ 0.85 11Q.94 $ 7175/ $ 0.85
6._
,-
Cost-Recovery Research and Study Costs per Prod.uctive hour = $0.85
7. Cost Increases and Inflation Factor: The purpose of this study is to determine the costs incurred by the County in delivering specified services in order to set fees and charges for services. In most cases, fees and charges are not reset each year: many counties use three years as a reasonable review time. To account for inflation over that period of time, an average inflation factor to adjust the computed service delivery costs should be considered each year or every three years. CGns_1'rIc1 DllXfer AI Year 2011 2010 2009
_n
CGnsIll'lIR fCPIoUI san I'Iancllco.08tland. San Joll Annual Percenl Number of Years 3 yr. Average Averall!! Chanll!! CPI FaclDr 233.39 2.6 1 ZZ7.469 1.4 1 224.395 0.7 1 4.7 1.57 3
To account for the anticipated rate of cost increases and inflation over the next year, a
1.57 CPI-U factor is added to the preceding costs. The annual calculated figure is $5,112. $5,112 + 1,575 annual productive hours = $1.13 per productive hour
D)
Table of Billing Formula for San Benito Clerk-Recorder's Office, Fiscal Year 2012-13
Table 2 on the following page details the calculations that were used to determine the cost per productive hour in the San Benito Clerk-Recorders Office for the fiscal year 2012-13.
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San Benito County Auditor-Controller
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Table 2
San Benito Clerk-Recorder's Office Cost Per Productive Hour Calculations (All calculations are hourly @ the productive hour rate. San Benito County clerical staffs have 1,575 annual productive hours.)
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12012 ANNUAL
HOURLY
COSTS
COSTS
J
The County Auditor recommended billing rate is, therefore, set at $73 per productive hour or
$1.22 a minute of productive billing time.
E) Analysis of Time Expenditures for Selected The County Auditor provided the San Benito County staff with Microsoft Excel templates and workbooks containing worksheets to functional track all of the services and activities identified in Section I of this report. (A selection of the sheets is included in Appendix B of this report.) The completed sheets enabled the County Auditor to evaluate the typical time expenditures per service unit by San Benito County staff. These reported times became the basis for an allocation of minutes per service or activity being studied. Based on an evaluation ofthese tracking sheets, the County Auditor recommended a calculated average allocation of minutes per activity.
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As indicated earlier in this report, the average allocated minutes per service unit becomes the basis for the cost calculation per unit. These calculations are detailed in the next section of this report.
IV. Cost Analysis and Determination A.
County Clerk and Recorder
The calculations below are based on data from the County Auditor's cost-recovery study completed in April 2011. These calculations serve as the basis for estimates pertaining to the cost of providing specific services, filings and licenses. Each analysis contains the tabulation of time required for each function as allocated by County Auditor. Time requirements include activities that are ongoing and not just time needed to service a customer at the counter. 1. Regular Marriage Licenses: Government Code §26840 requires that the County collect a fee for the issuance, processing and handling of a marriage license and provides for distribution of that fee. Sections 26840.3 and 26840.7 provide for additional fees to be collected to support conciliation courts and domestic violence programs. The County Auditor allocated an average of 56 minutes to the issuance of regular marriage licenses. The cost to the Count to issue a license on average is therefore: 56 minutes @ $1.22 per minute
=$68.32 + 6.50 State share =$74.82
2. Confidential Marriage Licenses: Family Code §500 et seq. authorizes County Clerks to issue confidential marriage certificates. Family Code §501 authorizes the County Clerks to collect fees as required by Government Code §§26840.1 and 26840.8 and as authorized by Government Code §26840.3. Portions of the fees are for the support of conciliation services (§26840.3) and domestic violence centers (§26840.7). The County Auditor allocated an average of 56 minutes to the issuance, processing and handling of regular marriage licenses. The cost to the County to issue a license on average is therefore: 60 minutes @ $1.22 per minute = $73.2 + 6.S0 State share = $79.70 3. Duplicate Marriage Licenses: Family Code §360 authorizes the County Recorder and County Clerk to provide duplicate marriage licenses when the original marriage license is
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lost, not completed, mutilated or changed with corrections on the original copy. The County Auditor allocated an average of 20 minutes for this activity by the County Recorder and County Clerk. The cost to the County to issue a license on average is therefore: 20 minutes @ $1.22 per minute = $24.40 4. Power of Attorney - Sureties: Government Code §26855 et seq. requires that the San Benito County Clerk receive filings of power of attorney for admitted surety insurers. The 1997 GFR study allocated 14 minutes to process each power of attorney filing. The cost to the County to process this filing is: 14 minutes @ $1.22 per minute = $17.08 5. Fictitious Business Name (FaN) Filings: Business and Professions Code §17929 requires that the County maintain an index of individuals and associations conducting any business. During the 2011 study, the San Benito Clerk-Recorder staff identified activities associated with filing of a fictitious business name (FBNs) and indexing activities. An average of 42 minutes (rounded to the nearest minute) is allocated per unit of service, including general and support time. The cost to the County of filing a fictitious business name statement is as follows: 42 minutes @ $1.22 per minute = $51.22
6. FaN Second and Additional Name Filings: The County Auditor notes that the filing fee for adding parties to an existing fictitious business name statement is presentiy set at $5.00 per party. The time allocation established by the County Auditor is eight minutes per additional name for FBN filings. The cost to the County is as follows: 8 minutes @ $1.22 per minute = $9.76 7. FaN Abandonment and Withdrawals: During test periods, San Benito County Recorder and County Clerk Staff identified the activities associated with abandonment or withdrawal of fictitious business name and indexing activities. An average of 36 minutes is allocated per unit of service, which includes indexing and verification of the publication of legal notices. The cost to the County is as follows:
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36 minutes @ $1.22 per minute = $43.92 8. Clerk's Signature Verification Certificates: Government Code §26836 and §1185 allow county clerks to require a fee to issue certificates of verification of signatures of any public official. County Clerk Staff requires an average of 15 minutes per unit of service to perform this function. The cost to the County to issue a certification on average is therefore: 15 minutes @ $1.22 per minute = $18.30 9. Duplicates of Official Documents (Copying):
Government Code §27366 allows the
County Recorder's Offices to modify fees for the duplication of official records in order "to recover the direct and indirect costs of providing the product or service ..."
In
addition, the Government Code authorizes the Count Clerk to "charge a reasonable fee to cover the cost of preparing copies: of documents (Government Code §26831). The County Auditor's study indicated that San Benito County staff requires an average of five minutes for the file search and duplication of official records per first page of each request. Additional items or pages on the same request average two minutes per page/official record. The cost to the County is: 1st Page: Additional Pages:
5 minutes @ $1.22 per minute = $6.10 per page 2 minutes @ $1.22 per minute = $2.44 per page
10. Liens. Notices. Mailings: Government Code §27387 provides for a collection of a filing fee to defray the costs of complying with §3097 of the Civil Code pertaining to the recording of involuntary liens. The County Auditor found that an average of 13 minutes per lien notice was required to receive, process, mail and index lien notices, and to notify the involved party. The cost to the County to provide this service is: 13 minutes @ $1.22 per minute = $15.86 11. Twenty-Day Preliminary Notices:
Government Code §27387 provides for a collection
of a filing fee to defray the costs of complying with §3097 of the Civil Code pertaining to the recording of 20-Day Preliminary Notices for subcontractors of building and development projects. The County Auditor found that an average of 45 minutes per lien notice was required to receive, process, mail and index lien notices, and to notify the involved party. The cost to the
Co~nty
to provide this service is: 14 1P age 92
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12012
=
45 minutes @ $1.22 per minute $54.99 12. Certification Fee: Government Code §26833 allows the County Clerk to charge a fee for "certifying to a copy of any paper, record, or proceeding on file in the office of the county clerk" and establishes the fee as $1.75, which amount is open to cost-recovery estimation. After a file search and duplication of official records, The County Auditor's study indicated that San Benito County staff requires an average of three minutes for certification of official records per first page of each request. The cost to the County to issue a license on average is:
3 minutes @ $1.22 per minute = $3.66 13. Marriage Ceremonies: Government Code §26861 allows for the County Clerk to charge a fee for performing a marriage ceremony pursuant to Family Code §401. The 1997 GFR study allocated 41 minutes for each marriage ceremony. The cost to the County to perform the marriage ceremony is therefore:
41 minutes @ $1.22 per minute = $50.02 14. Conformed COPy Charges:
Government Code §26831 allows the County Clerk to
charge a fee for providing the public with a "conformed copy" service for documents submitted by individuals who request a "conformed stamp" by the County Recorder on copies submitted. The County Auditor's study indicated that San Benito County staff requires an average of two minutes for each request. The cost to the County provide this service is:
2 minutes @ $1.22 per minute = $2.44 15. Fax/Electronic Transmission Fee:
Government Code §54985 allows for the County to
collect a fee for faxing documents iocally or to distant locations submitted by individuals who request these services. The staff time to fax any document is estimated at four minutes per request. More pages often require additional time to make sure the fax transmission was successful. In addition, the actual utility transmission cost is not included in this estimate. The estimated cost to the County to provide this service is therefore:
1" Page: 4 minutes @ $1.22 per minute = $4.88 15 I P age 93
2012
San Benito County Auditor-Controller Additional Pages:
1 minutes @ $1.22 per minute = $1.22 per page
16. Document Recording: Government Code §27361 (a) permits $10 for the recording and indexing of the first page of every instrument. Subsection (c) of GC §27361 allows for the collections of $1 for the first page and $1 for each additional page of each instrument for the purpose of providing for the full modernization of the county's \
recording system. Subsection (d) of this government code also allows the board of supervisors of each county to allow the Recorder to charge an additional $1 on the first page of every instrument for the purpose of implementing a social security number truncation program. In addition, Government Code §27361.4 (a) permits $1 to defray the cost of converting the county recorder's document storage system to micrographics; subsection (b) allows the board of supervisors to adopt another $1 per instrument in exchange for the establishing of the days of operation for the county recorder's offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Sect 135 of the Code of Civil Procedure; and, subsection (c) allows the board of supervisors to charge an additional $1 provided that the instrument, paper or notice is indexed within two business days of recordation. The fee that the Board of Supervisors may collect is $15 per first page of instrument. 17. Research. Compilation & Retrieval Services Fees:
The Government Code
§54985 recommended billing rate is $73 per productive hour or $1.22 a minute of productive billing time as determined by the 2011 County Auditor Study. A minimum charge of $37 is recommended and $37 for each half-hour time increment for Research, Compilation & Retrieval requests is recommended. 30 minutes minimum charge @ $1.22 per minute = $37 minimum charge 18. Deputv
Commissioner
for
Marriage
(One
Day):
The
Government
Code
§54985 recommended billing rate is $73 per productive hour or $1.22 a minute of productive billing time as determined by the 2011 County Auditor Study. The time estimated to process the One-Day Deputy Commissioner of Marriage request is 65 minutes. The cost to the County to issue this license on average is: 65 minutes @ $1.22 per minute = $79.30
16 1 P ag e 94
San Benito County Auditor-Controller
12012
19. Witness and Credible Witness Fee; The Government Code §54985 recommended billing rate is $73 per productive hour or $1.22 a minute of productive billing time as determined by the 2011 County Auditor Study. The time estimated to document a credible witness or witness a marriage is 10 minutes. The cost to the County to issue to perform this request is: 9 minutes @ $1.22 per minute = $10.98 20. FBN Standard marketing Report:
Government Code §27366 allows the County
Recorder's Offices to modify fees for the duplication of official records in order "to recover the direct and indirect costs of providing the product or service ... " In addition, the Government Code authorizes the Count Clerk to "charge a reasonable fee to cover the cost of preparing copies: of documents (Government Code §26831). " The County Auditor's study indicated that San Benito County staff requires an average of 13 minutes to search, compile and produce an FBN Standard Marketing Report. The cost to the County is therefore: Report Cost Est.:
13 minutes @ $1.22 per minute = $15.86
21. Bond Filing Fee for legal Document Assistant. Professional Photocopier & Unlawful Detainer Assistant; Additional Pages Fee: Business and Professions Codes §§§6405, 6404,22455 require legal Document Assistants, Professional Photocopiers and Unlawful Detainer Assistants to file a bond with the County as a condition of their commission. The 1997 GFR study allocated 14 minutes for bond filing. The cost to the County to perform this service is: 14 minutes @ $1.22 per minute = $17.08
22. Notary Public Filing lof Oath) Recording Fees: Government Codes §§8212·8213 require notaries public to file a bond with the County as a condition of their commission. Government Code §8213 (c) provides that the recording fee shall be paid to the County Clerk who shall transmit it the County Recorder. The County Auditor determined that the time typically required for the filing and processing of notary bonds was 30 minutes. The cost to the County is as follows: 30 minutes @ $1.22 per minute = $42.70
17
I P ag e 95
San Benito County Auditor-Controller
/2012
23. Notary Signature Authentication - Additional Signature Fee:
Government Code
§26836 and §1185 allow County Clerks to require a fee to issue certificates of verification of signatures, including notary signatures and of any public official. County Clerk Staff requires an average of 15 minutes per unit of service to perform this function. The cost to the County to issue a certification on average is:
15 minutes @ $1.22 per minute 24. Postage
and
Handling
=$18.30
Minimum
Charge:
The
Government
Code
§54985 recommended billing rate is $73 per productive hour or $1.22 a minute of
productive billing time as determined by the 2011 County Auditor Study. The time estimated to process a mailing request is 2 minutes. The cost of first class postage is 47 cents. The minimum cost to process a mailing request is as follows:
=
=
2 minutes @ $1.22 per minute $2.44 + .47 $2.91
181 P age 96
San Benito County Auditor-Controller V.
/2012
RECOMMENDATIONS
Based on the findings detailed in Section IV of this report, the County Auditor-Controller recommends that the San Benito County Board of Supervisors pass a resolution, as provided under Government Code §§95985-54987, setting the fees shown below in order to recover the actual costs incurred in providing the respective services:
1. Regular Marriage Licenses: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $75.00 for a regular marriage license.
2. Confidential Marriage Licenses: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $85.00 for a confidential marriage license.
3. Duplicate Marriage Licenses:
The County Auditor-Controller recommends that the
County Board of Supervisors adopt a fee of $20.00 for a duplicate regular or confidential marriage license.
4. Power of Attorney - Sureties: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $15.00 for issuance of a Power of Attorney issuance for a Surety Insurer.
5. Fictitious Business Name (FBN) Filings; The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $30.00 for issuance of a Fictitious Business Name Filing.
6. FBN Second and Additional Name Filings: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $7.00 for adding parties to an existing fictitious business name statement.
7. FBN Abandonment and Withdrawals: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $30.00 for issuance of a Fictitious Business Name Filing.
8. Clerk's Signature VerifICation CertifICates: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $10.00 to issue certificates of verification of signatures of any public official.
19 1 P age 97
San Benito County Auditor-Controller 9. Duplicates of Official Documents (Copying):
2012 The County Auditor-Controller
recommends that the County Board of Supervisors adopt a fee of $5 to search and duplicate the first page of an official record request. Additional items or pages on the same request recommended fee is $2 per page. 10. Liens. Notices. Mailings: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $15 to receive, process, mail and index lien notices, and to notify the involved party. 11. Twenty-Day Preliminary Notices: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $50 to receive, process, mail and index a Twenty-Day Preliminary lien Notice request. 12. Certification Fee: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $3 for certification of official records per first page of each request. 13. Marriage Ceremonies:
The County Auditor-Controller recommends that the County
Board of Supervisors adopt a fee of $50 for performing a marriage ceremony pursuant to Family Code §401. 14. Conformed Copy Charges: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $2 for providing the public with a "conformed copy" service for documents. 15. Fax/Electronic Transmission Fee: The County Auditor-Controller recommends that the County Board of Supervisors adopt a fee of $5.00 for faxing a one page document locally or to distant locations and an additional $1.00 per additional page. 16. Document Recording:
The County Auditor-Controller recommends that the County
Board of Supervisors adopt a fee of $15 for the recording and indexing of the first page of every instrument and $3 for each additional page thereafter. 17. Research. Compilation & Retrieval Services Fees:
The County Auditor-Controller
recommends that the County Board of Supervisors adopt a minimum charge of $37 and $37 for each half-hour time increment for Research, Compilation & Retrieval services.
20 / Page
98
San Benito County Auditor-Controller
12012
18. Deputy Commissioner for Marriage lOne Day): The County Auditor-Controller recommends that the County Board of Supervisors adopt an $80 fee to process the OneDay Deputy Commissioner of Marriage license request. 19. Witness and Credible Witness Fee: The County Auditor-Controller recommends that the County Board of Supervisors adopt a $10 fee to document a credible witness or provide witness services for a marriage ceremony. 20. FBN Standard Marketing Report: The County Auditor-Controller recommends that the County Board of Supervisors adopt a $15 fee to search, compile and produce an FBN Standard Marketing Report.
21. Bond Filing Fee for Legal Document Assistant. Professional Photocopier & Unlawful Detainer Assistant; Additional Pages Fee: The County Auditor-Controller recommends that the County Board of Supervisors adopt a $15 fee for filing a bond with the County for Legal Document Assistants, Professional Photocopiers and Unlawful Detainer Assistants 22. Notary Public Filing lof Oath) Recording Fees:
The County Auditor-Controller
recommends that the County Board of Supervisors adopt a $25 fee for notaries public to file a bond with the County as a condition of their commission. Government Code §8213 (c) provides that the recording fee shall be paid to the County Clerk who shall transmit it the County Recorder. 23. Notary Signature Authentication - Additional Signature Fee: The County AuditorController recommends that the County Board of Supervisors adopt a $15 fee to issue certificates of verification of signatures for notaries public. 24. Postage and Handling Minimum Charge: The County Auditor-Controller recommends that the County Board of Supervisors adopt a $3 minimum charge to process a mailing request and provide first class postage; additional postage costs may apply.
21 1 P age 99
San Benito County Auditor-Controller
12012
APPENDIX A
COUNTY OF SAN BENITO CLERK/RECORDER/REGISTRAR OF VOTERS
2013 FEE SCHEDULE
22 /Page 100
San Benito County Auditor-Controller
12012
APPENDIX-A SAN BENITO COUNTY CLERK AND RECORDER FEE SCHEDULE
JOE PAUL GONZALEZ County Clerk I Recorder I Registrar of Voters
Effective 2013
, ,0 - Recording Fees - Recorder's Fees
roPosacl
2013 Fe'
Code
First page of all titles NOT asaoclated With the Real Estate Fraud Fee (8-1/2'xll')... .................. ... ........ .
GC27361 (a),(e),(d): GC27361 .4(a)(b)(e)
$
15.00
1.2
Each Additional Page of Document ... .................. ..
GC27361(a)
$
3.00
1.3
Non-conforming page siZe (other than B-l/2"x11") all pages penalized ..................... ............... .......... ..
GC27361a, GC27361 .5
$
3.00
Release of lien by a local government entity (other than Fedetlll) .. ... .....................................................
GC27361 .3, GC27361.4, GC27361
$
15.00
1.5
Documentary Transfer Tax (per $500) ...... ..... ........ ....
R&Tl1911
$
0.55
1.6
Notification of involuntary lien (1 st debtor) ................ ..
GC27387
$
7.00
1.7
Notification of involuntary lien (each additional debtor)..
GC27387
$
7.00
1.8
Documents recorded without a Preliminary Change of Ownership Report ............ ....................................
R&T480.3
$
20.00
$
2.00
1.1
1.4
1.9
Conformed copies (each copy, if copy provided for conforming (2 max.) ....................... .... ...... ...... ......... GC27361 (d)(2); 26831
1.10
Penalty print (per page) ... .. .... .. .......... ....... ............
GC27361a
$
1.00
1.11
Map Recording Fee (1st page) ...... .....................
GC27372, GC27361
$
9.00
1.12
Map Recording Fee (ea. subsequent page after 1st)
GC27372
$
3.00
1.13
Eaeh add. group of 10 names indexed (ea group of 10 names after 1st 10 nemes) .............................. .. .... .
$
1.00
1.14
1.15
Financing Statements (1-2 pages) 8-1/2' x 11"; UCC Search ...... ............ ...... ... ............. .. ...................
9403-9407 Commercial Code-UCC)
$
10.00
Financing Statements (3 pages or more) 8-1f x 11 ........
9403-9407 Commercial Code-UCC)
$
20.00
231 P age
101
12012
San Benito County Auditor-Controller APPENDIX-A
Prapoted
2.0 • Vital Records • Clerk's Fees
2013F..
2.1
Preliminary 2o.day filing & notice ............................... Civil 3097; GC273B7
$
50.00
2.2
Birth CertificateiSearch ......................................•...... H&S103625. H&S103525.5. W&118966, H&S100430
$
20.00
Birth CertificateiSearch (Government agencies) ............ H&S103625. H&S100430, H&S103525.5
$
14.00
Death Certificate/Search .......................................... H&S103625. H&S1 00430,H&S 103525. 5. Penal 14251 $
16.00
Death Certificate/Search (Gcvemment agencies) .......... H&S103625, H&S100430, H&S103525.5. Penal 14251
$
16.00
$
13.00
$
14.00
2.8
Marriage Certificate/Search (Government agencies) ...... H&S103625. H&S100430 $
10.00
2.9
Confidential Marriage CertlficatelSearch ..................... H&S103625, FC1852, H&S100430
$
14.00
GC26840. H&S100435, GC26840.3. W&118305
$
75.00
GC26840. H&S100435, GC26840.3, W&118305. GC54985. FC510
$
85.00
2.3
2.4
2.5
2.6 2.7
2.10 2.11
Fetal Death Certificate/Search .................................
H&S103625. H&S100430
Marriage Certificate/Search....................................... H&S103625. FC1852. AB233. H&S100430
Marriage UcenselPUBLIC (Cash Only)................ ...... Marriage License/CONFIDENTIAL·restrictions apply (Cash Only). .....................................................
2.12
Duplicate MlIrriage License (Cash Only)....................
FC360.510; GC54985
$
20.00
2.13
Filing Affidavit to AMEND Confidential Marriage Certificate (one year or more after date of marriage)....
H&S 103700
$
20.00
$
75.00
GC26831
$
10.00
GC26831
$
10.00
$
50.00
2.14
Deputy Commissioner for One Day... ............ ............. GC54985a
2.15
Credible Witness Fee (per signature for marriage lioense appl/cants without proper Identification).................... ..
2.16 2.17
Witness Fee (for the required Witness at man1age ceremonies)..................... ........................ ............
"Performing Civil MlIrriage ceremony in Office... ... ... ... GC26861; 54985 • Curmef/y Office Cemmonie8 am nof prov/ced. This will be a futum service.
24 1P a ge
102
San Benito County Auditor-Controller
2012
APPENDIX-A 3.0 - Fictitious Business Nama.Fllings -Clarlc', F_
Proppnd 2013 Fee
3.1
FICtitious Business Name (includes 1 owner)............
B&P17929a,d
$
30.00
3.2
Additional Fictitious Business or partner name.............
B&P17929a,d
$
7.00
3.3
Abandonment of Fictitious Business Name... ............... B&P17929b,d
$
30.00
3.4
Statement of WIthdrawal from Partnership operating under FBN...... .............................. ... .................. ...
B&P17929c,d
$
30.00
FBN standard marketing report (1st Page) ........... .
B&P17929c,d
$
15.00
I,D. cards 1'OrProcess Server, 'Professional Photocopier, Legal Document Assistant or Unlawful Detainer Assistant.......................................... ...... ........ B&P6404, 22352, 22453
$
10.00
4.2
Professional Photocopier
B&P22453
$
175.00
4.3
Unlawful Detainer Asslstanl filing ........................
B&P6404
$
175.00
4.4
Legal Document Assistant filing ................................. B&P6404
$
175.00
4.5
Process Server filing ........................................ ,.
B&P22352
$
175.00
4.6
Process ServerlProfessionai Photocopier filed @ same lime..............................................................
B&P22453.1
$
100.00
Power of Attorney - Surety Company (appt or revocation) 1st Name..................... ....................... GC26855.1
$
15.00
Power of Attorney - Surety Company (app! or revocation) Addilional for each added name............... GC26855.1
$
7.00
Bond for Legal Document Assistant (file, cancel, withdraw or revoka) 1st Page..... .................... ......... .. B&P6405
$
15.00
5.4
Each Additional Page (Bond)......... .........................
B&P8405
$
3.00
5.5
Bond for Notary (file, cancel, wilhdraw or revoke) 1st Page...............................................................
GC26849.1,8.213
$
15.00
3.5
4.0 - MlsceD,neous FUlDa' - Cleric', Fees
4.1
)
~
5.0 - !\I!1IS/lIanMl!!! FIliDg!! • C!!!:l!.Rae0!l!l~!! FlU 5.1 5.2 5.3
~
SOW
5.6
Each AddHional Page (Bond)......... ......... ................... B&P22353
$
3.00
5.7
Bond for Process Server(flle, cancel, wHhdraw or revoke) 1st Page...... .......................................... B&P22353
$
15,00
5.8
Each Additional Page (Bond) ................................... .
$
3.00
5.9
Bond for Professional Photocopier (file, cancel, withdraw B&P22455 or revoke) 151 Page...... ...... ........................ ......
$
15.00
5.10
Each Additional Page (Bond) ..................................... B&P22455
$
3.00
5.11
Bond for Unlawful Detainer Assistant (file, cancel, withdraw or revoke) 1st Page............... ......... ......
$
15.00
$
3.00
5.12
B&P6404,6125-6133
Each Additional Page (Bond) ..................................... B&P6405
25 1Page
103
San Benito County Auditor-Controller
12012
APPENDIX-A PrpPD!!d 5,0 - Miscellaneous FIHnas - Cler!s-Recon!e.... Em !Cont. .. ) 5,13
~
2013 Eee
Notary Public filing (OfOaIh) Ree Eee... .. " ." .... " ......... . GC26850; 26855;26655.3 $
25.00
Notice Of Delennlnatlon for which a Negative ~eclaration was prepared pursuant to the Public resources Code (Includes Co. Clerk Handling Eee Of $50) .. " ." ..... .. ... " .. E&G 711.4 d,e
$2,206.25
NoIfce Of Determination with an Environmental Impact Report pnspared pursuant to the California Environmental QuaHIy Act." .. ... " .................... ".... E&G 711 .4 d.e
$3,045.25
5.16
Notice of Exemption tee..................... ......... " ..........
F&G 71 U, 713
$
50.00
5.17
Notary Signature Authentication -1 sl signature, per Notary.......................... ..................................... ". GC26855; 54985
$
15.00
GC26855; 54985
$
5.00 5.00
5.14
5.15
5.18
Notary Signature Authenticetion- Each additional signature after 1slforthe SAME Notary..... " .... " .....
5.19
Signature Acknowfedgment, per Signature ..... ".. ...... .... GC26855. GC54985(e)
$
5.20
Military Record copies (00-214) .. .......... .. .. .. .. " .....
GC27381
no charge
5.21
Clertc Search - files or records ......... ........ " .... "." .....
GC26854
$
5.00
5.22
Certificate to Iha official capacity of any public officiaL ... GC26639; 26852
$
10.00
6,0 - CopleslMlDS 6.1
Official Clerk copies (1 sl page per document) 8 112 x 11
GC26831
$
5.00
6.2
OffIcial Clerk copies (each additional page per document) 8112 x 1, ... " ......... " " ... .. ". ""...... GC26632
$
2.00
6 .3
Certified Clerk Copies (181 page) 8112 x 11.. ...... " ........ GC26839; 27366
$
20.00
6.4
Certified Official Clerk copies (each add. after 1st page same document) .... "........................... ..................
GC26833
$3.00
6.5
Election copies/page (including EPPC FIlings) ..... ... " " ... GC26831
$
0.10
6.6
Election Compact Oisk~tywide/Juriadictional. ...
GC26631; 27368
$
40.00
6.7
Election Mailing Labals! per sheat cost (30 labels per sheet)......... ...... .. .. .. .... .. ......... .......... .. .... .. .... ...
GC26831
$
0.19
GC26839
$
20.00
6.8
Certification under seal (per certified document) ... .. ...... .
261 P age 104
12012
San Benito County Auditor-Controller APPENDIX·A 6.0. CopJes!Maps (Cont. ..!
~
ProP!I!·d 2013 Fee
6.9
Election Map .................•....................................... GC26831
Per GIS pricing Schedule
6.10
Candidate Statements (County·Wide) ........................... EC13307
$450 Fixed Fee per
quarter page 6.11
Candidate statements • (Jurisdictional)......... ...... ......
EC13307
$350 Fixed Fee per quarter page
GC26831
$400 per Jurisdiction per contest
6.13
Research and Compilation Services............ ......... ...... GC54985
$37.00 Minimum and $37.00 per haH· hour increment
6.14
CD ROM copies 01 statement of Vote Report......... ....... GC26831
$40.00
6.15
Records over five years old add retrieval services fee...
6.12
Jurisdictions· Minimum charge for jurisdictions that do
not go to election due to insufficient nominees .................... .
GC54985
$37.00 minimum and $37.00 per half·
hour increment 6.16
Maps by District...... ......... ...... ...... ..... ............ .......... Reso: 2011·97
6.17
Postage and Handling................................. ... ........... GC26831
Per GIS pricing Schedule
$3.00 Minimum
6.18
Outgoing faxes within USA...................................
GC54985
$5 per 1st pageE. $1
peredd. page
27 1Page
105
San Benito County Auditor-Controller
12012
APPENDIX B
2013 CURRENT AND PROPOSED FEES COMPARED TO AVERAGE OF SELECT COUNTIES
28 1P age
106
APPENOIXB 2013 Current and Proposed Chang.. to Fee. and Charges Compared to Average of Select COunties
eunant
PtopoHd
11K.....
Vl III
::s
0;,
-.
(1)
::s
g n o
c: ::s
~
» c:
-.
c.. 1'"1' o
7 n o
~-
(1)
'"'I
'"\D ."
'"
(JQ
",
N Q ~
N
107
San Benito County Auditor-Controller
/2012
APPENDIX C
2013 PROPOSED FEES COMPARED TO AVERAGE OF SELECT COUNTIES
30lPage
108
APPENDIXC
2013 Clerk-Recorder Pl'OfIosed Fen and Charges compared to Average of Select Counties
Vl
$I.)
::s txl (1)
::s .....
g
n o
::s = > = ....g
~
Po
7 n
o ::s
a:::: (1)
"'I
.... '" ."
'"
""'"
N C
... N
109
APPENDlXC 2013 CIettI'-Reconler Proposed Fee. and Charges compared to Average of Select CountiM til
s.o_
I_i.
_Cow ...n
30,00
---,;;n
7li '1ill
3OJO
~ ~
••.00 7.00
I
35.00
I
M.oo
FNMO
AIIItntda
........
51.00 I i
I
~
34.00 I I
06
I.
1.~00 II _
I
175.00 s 171.00 S
10.00
S ("")
I•
tl9"'1' tnn •
10.00
I
.
_"'~IlOCUmoI<_(ftIo. conooI,_Of ••,-)1.P'"
OlIO I~'
" .00 S ' .00 18.00 3.00
,_. •
12.00' • .00 $ 2S~ S 3.00 $
15.00, '.00 15. 3.00 S
15.00 S •.00 &.00 ' .00
S
1!.QO' . .00
1'.33 I: S
12.00" 3.00'
15;{JO $ 3.00.
•
IS.00 S 3.00
....... S
12.00 S
S
,5.00 S .00
....... S
•
.~~ta'Nor. ~
............
12.00
S •
'l'&l1'8\!O.
Peo', " .. rt.otocopor(filO, ... _._or_I,IIPoeo _ " ' _ _ _ (IIIo. _ . _Of~lotPoeo a aRe U . .
• S ..
25.t10
UO t7..tO
:LOG
S
$
3.00' .10 S
1• .00, 5.00 S
10.00 5.00
" .00 . 11.00 3.00
14.00 S 3. 104.00 $ .00
14.00 '.00 14. ' .00
15.00 S ' .00'
11.ao,
14.00' ' .00"
18.00 .
1•.00 S '.00'
IS.00' '.00
18.00 S ' .00
" .00 •.
12.00' 3.00 I:
1• .00' 3.00 S
' • .00' 3,00
" .00 I .00'
14.00 3.00
25.00 S
25.00
S
.OO,
24.00
3.
• •
::s
~ r;l.
122,1
tUI S 7.00
1$
o s::
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Notice Of DelenniMllon fOr wntch • N'flltlve Declaration was pr.pared pursuanllo tie!
Pub*: NSCJWCeS
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(JncIudN. Co. Clettl; tt.ndIing Fe . 01,50)
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110
APPENDIXC
_c. .
2013 Clertt-Recorder Proposed Fen and Charg.. compared to Average of Select Countle.
,...,8_ IC«tifiod Clotk "",es (lit I lc..- CIIII< copies (e.ett addllfonaJ I
I
tpage same document
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111
San Benito County Auditor-Controller
12012
APPENDIX D
SAMPLE TRACKING FORMS USED TO DETERMINE STAFF )
TIME ESTIMATES AND REQUIREMENTS
341Pa ge
112
San Benito County Auditor-Controller
2012
SAN BENITO COUNTY CLERK-RECORDER'S OFFICE FEE & LICENSE STUDY- 2011 FORM No.4
TASKS AND SUBTASKS WORKSHEET Estimate time to the closest minute (no seconds).
FICTITIOUS BUSINESS NAME FILINGS Ongoing File Management Activities By: _ _ _ _ __
_ _ __ _ _
Date: _ _ _ _ _ _ __
TASKS!ACTIONS (Write in additional, as appropriate) Prior to Filing
Item No.
A.
I.
Attend meetings, conferences, seminars.
2.
Contact with other counties/agencies regarding procedures or mutoal problems.
3.
Research codes, revise procedures, revise forms.
4.
Maintain inventory of forms (ordering, stocking).
5.
Maintain rubber stamps (filed, date, certification) with correct date and ink supply.
6.
Correspondence, phone, inquiries, searches.
7.
File maintenance, purging old files.
8.
Computer program maintenance/refinement.
9.
Other (specify):
Est. Time (in minutes)
35 1 Pa ge
113
San Benito County Auditor-Controller
12012
SAN BENITO COUNTY CLERK-RECORDER'S OFFICE FEE & LICENSE STUDY- 2011 TASKS AND SUBTASKS WORKSHEET Estimate time to the closest minute (no seconds).
FORM No.6
PERFORMING MARRIAGE CEREMONY
By: _________________________ Item No.
1.
2.
TASKS/ACTIONS (Write in additional, as appropriate) Make arrangements at the counter or over the telephone for date, place, and time of marriage ceremony: - Telephone and counter inquiries, appointments, and answers. Check couple in. This consists of the following: - Ask the couple for their marriage license. - Cross off the couple's name on the appointment hook. Type up marriage ceremony documents with hoth names, date, and
-
3.
4.
S. 6.
7. 8.
Date: _ _ _ _ _ _ ___ Est. Time (in minutes)
commissioner's name.
Couple pays for ceremony. Ring up on cash register/computer. - Type on the marriage license (at bottom ofform) the date of marriage, city/county, name of person solemnizing marriage and status, i.e., marriage commission, and stamp our address. Take the couple to where the marriage ceremony is to be performed. Set backdrop up. Ask the couple if they plan on exchanging rings during the ceremony. Ceremony is then altered according to their response. Perform the ceremony. Person performing ceremony then signs the marriage license and the marriage ceremony certificate. In case of a public marriage license, the wituesses also sign the license. If certified copy is needed inunediately, Other (specify): Every other month redecorate backdrop accountinj/;.
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San Benito County Auditor-Controller
12012
APPENDIX E
)
COPY OF COUNTY OF SAN BENITO ORDINANCE §5.01.035 AND §5.01.036
37
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San Benito County Auditor-Controller
12012
County Fees ARTICLE Hi. FEES FOR COUNTY SERVICES SUBARTlCLE I. COUNTY aERKlRECORDER
(B) A cost estinlale study wss condueted by GOVernment Finance Research and a report flied establlsbing • billing fale of $41 per hour for services provided by the County C1erklRccorder's office. 'The fees speeified in § S.Ol.036are based upon this studY. (1966 Code, § 6C.l-1) (Ord. 621, § 1)
§ 5.01.G35 FINDINGS.
The Bosrd of Supervisors, CouDly of San Benito makes the following findings: (A) The Ba.rd of Supervisors is authorized to increase fees in an amounl reasonably necessary to recover costs of providing any product or service, including indirect COlIS, pursuant to Cal. GOV'! Code
§ 5.01.036 FEE SCIlEDULE.
The following fees shall be established as follows:
§ S498S;
1
Filing offic:lili.ous business uame
S2S
Each IllditionaJ DIDIe
$S
FDiog abandonment of fictitious businCSl name
S2S
Each additional name
$S
FDiog withdrawal ftom fictitious business name
S2S
Each addilionslll8lDe
$5
IssuiQg of regular marriage license
$60
Iauing of confidenlia1 marriaac aUlhorization
$70
Pert'onnlng marriage ceremony
S2S
FDiog of ootary bonds
$IS
Filing ofpower of attorDI>y (swety) &cII additional _
$7 $S
AcImowledpleDt of aignatures
$S
Certification of capacity of ofticIaI
$S
Mailing of in~untary lien notice
$7
Filing of prcIimbwy lien oolice
$30
(1966 Code, § 6C.l-2) (Ord. 621, § 2)
38 1 P age 116
San Benito County Auditor-Controller
12012
APPENDIX F
)
STATUTORY PROVISIONS, CALIFORNIA STATE LAW
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/2012
APPENDIX F CALIFORNIA CODES GOVERNMENT CODE SECTION 54985-54988 54985. (a) Notwithstanding any other provision of law that prescribes an amount or otherwise limits the amount of a fee or charge that may be levied by a county, a county service area, or a county waterworks district governed by a county board of supervisors, a county board of supervisors shall have the authority to increase or decrease the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied. The fee or charge may reflect the average cost of providing any product or service or enforcing any regulation. Indirect costs that may be reflected in the cost of providing any product or service or the cost of enforcing any regulation shall be limited to those items that are included in the federal Office of Management and Budget Circular A-87 on January 1, 1984. (b) If any person disputes whether a fee or charge levied pursuant to subdivision (a) is reasonable, the board of supervisors may request the county auditor to conduct a study and to determine whether the fee or charge is reasonable. Nothing in this subdivision shall be construed to mean that the county shall not continue to be subject to fee review procedures required by Article XIII B of the California Constitution. (c) This chapter shall not apply to any of the following: (1) Any fee charged or collected by a court clerk pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the Code of Civil Procedure, Title 8 (commencing with Section 68070) of the Government Code, or Section 103470 of the Health and Safety Code, or any other fee or charge that may be assessed, charged, collected, or levied pursuant to law for filing judicial documents or for other judicial functions. (2) Any fees charged or collected pursuant to Chapter 2 (commencing with Section 6100) of Division 7 of Title 1. (3) Any standby or availability assessment or charge. (4) Any fee charged or collected by a county agricultural commissioner. (5) Any fee charged or collected pursuant to Article 2.1 (commencing with Section 12240) of Chapter 2 of Division 5 of the Business and Professions Code. (6) Any fee charged or collected by a county recorder or local registrar for filing, recording, or indexing any document, performing any service, issuing any certificate, or providing a copy of any document pursuant to Section 27361, 27361.1, 27361.3, 27361.4, 27364, 27365, or 27366 of the Government Code, Section 103625 of the Health and Safety Code, or Section 9525 of the Commercial Code. (7) Any fee charged or collected pursuant to Article 7 (commencing with Section 26720) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. 40lP age
118
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54986. (a) Prior to either approving an increase in an existing fee or charge or initially imposing a new fee or charge pursuant to
Section 54985, the board of supervisors shall hold at least one public meeting, at which oral or written presentations may be made,
as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the clerk of the board of supervisors for mailed notice of the meeting on new or increased fees or charges. Any written request for such mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for such mailed notices shall be filed on or before April 1st of each year. The board of supervisors may establish a reasonable annual charge for sending those notices based on the estimated cost of providing that service. At least 10 days prior to the meeting, the board of
supervisors shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the product or service or the cost of enforcing any regulation for which the fee or charge is levied and the revenue sources anticipated to provide the product or service or the cost of enforcing any regulation, including general fund revenues. (b) Any action by a board of supervisors to levy a new fee or charge or to approve an increase in an existing fee or charge
pursuant to Section 54985 shall be taken only by ordinance. (c) Any costs incurred by a county, a county service area, or county waterworks district governed by a county board of supervisors in conducting the meeting or meetings required pursuant to
subdivision (a) may be recovered from fees charged for the product or service or the cost of enforcing any regulation which were the
subject of the meeting.
54987. (a) This chapter shall not be construed as granting any additional authority to levy any fee or charge which is not otherwise authorized by another provision of law nor shall its provisions be construed as granting authority to levy a new fee or charge when
other provisions of law specifically prohibit the levy of a fee or charge. (b) This chapter shall not be construed as requiring counties, county service areas, or county waterworks districts governed by a county board of supervisors to review or revise any fee or charge
which is in effect January 1, 1984.
54988 .
(a)
(1) In addition to any other remedy provided by law,
including the current powers of charter cities, the legislative body of a city, county, or city and county may collect any fee, cost, or
41
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San Benito County Auditor-Controller
2012
charge incurred in any of the following:
(A) The abatement of public nuisances. (B)
The correction of any violation of any law, regulation, or
local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (C)
The enforcement of zoning ordinances adopted pursuant to
Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 or any other constitutional or statutory authority.
(D) Inspections and abatement of violations of Article 1 (commencing with Section 13100) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code and regulations or ordinances adopted pursuant to that article.
(E) Inspections and abatement of violations of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part. (F) Inspections and abatement of violations of the California Building Standards Code (Title 24 ·of the California Code of Regulations) . (G) Inspections and abatement related to local ordinances and regulations that implement any of the foregoing. If the fee, cost, or charge has not been paid within 45 days of notice thereof, the city, county, or city and county may collect the fee, cost, or charge by making the amount of the unpaid fee, cost, or
charge a proposed lien against the property that is the subject of the enforcement activity.
)
Except as provided in subdivision (c), the amount of the proposed lien may be collected at the same time and in the same manner as
property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable
to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then
the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection. (2) The amount of any fee, cost, or charge shall not exceed the actual cost incurred performing the inspections and enforcement activity, including permit fees, fines, late charges, and interest
~
(3) This section shall not apply to owner-occupied residential dwelling units. (4) This section does not apply to any enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit.
(b) (1) A city, county, or city and county shall provide the owner of the property with written notice in plain language of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, cost, or
charge, and an opportunity to appear before the legislative body and be heard regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of 42 1P age
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San Benito County Auditor-Controller
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the property. (2) In any city, county, or city and county, the legislative body may delegate the holding of the hearing required by paragraph (1) to a hearing board designated by the legislative body. The hearing board may be the housing appeals board established pursuant to Section 17920.5 of the Health and Safety Code or any other body designated by the legislative body. The hearing board shall make a written recommendation to the legislative body which shall include factual findings based on evidence introduced at the hearing. The legislative body may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the legislative body. Notice in writing of the de novo hearing shall be provided to the property owner at least 10 days in advance of the scheduled hearing. (c) If the legislative body determines that the proposed lien authorized pursuant to subdivision (a) shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the county in which the property is situated and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.
)
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PUBLIC HEARING NOTICE TO CONSIDER AND POTENTIALLY ADOPT AN ORDINANCE AMENDING SAN BENITO COUNTY CODE § 5.01.035 & 5.01.036 TO ALLOW A FEE SCHEDULE TO BE ADOPTED BY RESOLUTION. ADDITIONALLY THE BOARD MAY ADOPT BY ORDINANCE OR RESOLUTION NEW FEES OR INCREASE EXISTING FEES FOR THE OFFICES OF SAN BENITO COUNTY CLERK, RECORDER AND REGISTRAR OF VOTERS NOTICE is hereby given that the San Benito County Board of Supervisors will conduct a public hearing on February 19, 2013 at 9:00 a.m. (or as soon thereafter as the matter may be heard) in the Board of Supervisors Chambers, 481 4th Street, Hollister, Califomia to consider an ordinance amending ordinance 5.01.035 & 5.01 .036, to provide authority to adopt a fee schedule that establishes, increases and decreases fees by resolution for the Offices of San Benito County Clerk, Recorder and Registrar of Voters. The Board will also consider the adoption of new fees or the increase in existing fees. The new fee schedule will include imposing or updating all fees authorized to be imposed by law by the County Clerk, Recorder, & Registrar of Voters by the Govemment Code, Revenue & Taxation Code, Health & Safety Code, Business & Professions Code and Family Code, in the following broad categories: regular recording , documents requiring additional indexing, documentary transfer, survey monument preservation fund, notification of involuntary liens, filmlfiche, certification, real estate recording, map recording, accounting, vital records (birth, death, marriage), service fees, marriage ceremonies & related services/products, fictitious business names, searches, monthly reports, general filing ID cards, power of attomey, financing statement, legal document assistant filing, bonds, filing by notary public, process server, unlawful detainer, documents related to sureties, certificates, searches and copies of various sizes/types. A detailed list of the proposed fees may be obtained from the Clerk of the Board. The methodology for the recommended fees was derived from a Special Fee Study prepared by the County Auditor's Office in February, 2011 . Copies of the proposed amendment to ordinance 5.01.035 & 5.01.036; resolution; fee schedule; and fee study are available for public inspection during regular business hours in the office of the Clerk ofthe Board of Supervisors, 481 4th Street, Hollister, California. Denise R. Thome, Clerk of the Board of Supervisors County of San Benito Dated: January 30, 2013 Publish: February 8, 2013 and February 15, 2013
441Page
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122
Agenda Time Estimates: IX! Regular or 0 Consent
AGENDA ITEM TRANSMITTAL BOARD OF SUPERVISORS
FROM:
Ray Espinosa Interim County Administrative Officer
Date!1ime Rec'd:
~O
20 J'l\\Y\
TO:
MEETING DATE:
Leave Blank:
CONTACf FOR INFORMATION: Name: Ray Espinosa Phone: 831-636-4000
J/?J/IOg- D
NUMBER OF CERTIFIED COPIES REQUIRED:
(1) SUBJECf
DISCUSSION RE: San Benito County Fire Protection
February 19, 2013 (2) BACKGROUND INFORMATION:
San Benito County Fire protection discussion
(3) SUPPORTIVE DOCUMENTS RELATIVE TO THIS ITEM:
..
'.
(4) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPEOFIC ITEM:
(5) FUNDING SOURCE(S):
(9) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
(10) RECOMMENDED ACTION(S):
Request fo
,
Irecti n with res
(6) CURRENT YEAR COST:
(7) ANNUAL COST:
$
$
DYES
""J "'" ,.""
o
l
---
(
Signature of Agency or Department Authorized Representative (11) ADMINISTRATIVE REVIEW:
Limited Term
_00-
CD""" Rre
/ ~,
r
If YES, STATE NUMBER: Permanent
NO
(8) BUDGETED: DYES O NO
.::
t-/1" 2:,
DATE
.,
,
o APPROVED o ACKNOWLEDGED
o SET PUBUC HEARING
CLERK S USE ONLY D DENIED D ACCEPTED D APPOINTED
D ADOPTED
o RESOLUTION NO. o ORDINANCE NO.
D CONTINUED TO DOTHER ONOACTIO~N~T~A~K~EN~--------------------
BY: Clerk of the Board 'ATE: COPIES:
BOARD - ORIGINATING DEPT. - AUDITOR - HOLDING COPY
REVISED: 4/3/01
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RJ
123
Agenda Tlme Estimates: Minutes or 0 COnsent
AGENDA ITEM TRANSMITTAL BOARD OF SUPERVISORS TO: FROM: RAY ESPINOSA, INTERIM CAO
MEETING DATE:
Leave Blank:
8h5 ;;;;i7~ fP
10 MINUTES coNTACT FOR INFORMATION: Name: MELINDA CASILLAS Phone No: 636-4000
NUMBER OF UK 11FIfD COPIES REQUIRED:
(1) SUBJECT: FY 201~2014 BUDGET ITEMS
0211912013
(2) BACKGROUND INFORMATION (If not SLrTVllarized within this space provide a staff report instead, noting atlilchment):
PER BOS DIRECTIONS AT BUDGET WORKSHOP MEETING ON 0112912013. THE FOLLOWING ITEMS PERTAINING TO THE FY 201~2014 BUDGET ARE ATTACHED FOR YOUR REVIEW. 1. AMENDED BUDGET TIMELINE TO INCLUDE 0211912013 ITEMS 2. PROPOSED BUDGET HEARING AGENDA 3. FY 201312014 BUDGET POLICIES
(3) OTHER AGENCY INVOLVEMENT:
(4) SUPPORTIVE DOaJMENTS RELATIVE TO THIS ITEM:
o o
o o
Contract Ordinance
(5) PREVIOUS RELEVANT BOARD ACTlDNS ON THIS SPEaFIC ITEM:
ResoIutlon Other:
(6) FUNDING SOURCE(S):
(7) CURRENT YEAR COST:
$ (10) WILL PROPOSAL REQUIRE ADDmDNAL PERSONNEL?
UYES
UNO
(8) ANNUAL OR PROJECT COST: $
If YES, STATE NUMBER: Permanent
ty YES BUDGETED: 0 NO
UmitEdTerm
(11) RECOMMENDED ACTlON(S): REVIEW AND DISCUSS DOCUMENTS.
DATE
SIGNATURE OF AGENCY DR DEPARTMENT AUTHORIZED REPRESENTATIVE
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTED o SET PUBUC HEARING o APPOINTED
CLERK'S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
o CONTINUED TO o OTHER --------
[JNOACTlON~T~A~~--------------------
BY: Deputy Oerk of the Board
I DATE: COPY ROUTING:
ORIGINATING DEPT. - AUDITOR - COUNTY COUNSEL
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124
FISCAL YEAR 2013-2014 TENTATIVE BUDGET TIMELINE - SUBJECT TO CHANGE
1 2
HR sends employee compensation projections to departments. CAO sends budget preparation templates to departments. Departments submit budget requests workbooks covering current and proposed programs for the next fiscal year, including accurate projections of current year expenditures and revenues.
February 1, 2013 March 4,2013
3
Proposed Budget Agenda presented to the Board of Supervisors. Discuss Budget Policies for FY13/14.
February 19, 2013
4
Departments submit narratives and signed Budget Request Forms Checklist.
April 1,2013
S
Budget requests are reviewed and analyzed by the CAO and Auditor. Preliminary comparison of total requests with total anticipated revenue is made. Departments submit any necessary budget adjustment requests.
March 4 - April 30, 2013
6
CAD meets with department heads to discuss budget requests and available financing.
7
Departments prepare revised narratives, revenues and expenditures as requested by CAD. FINAL REVISIONS
OPEN by APPT
April 30, 2013
DUE TO ADMINISTRATIVE OFFICE BY APRIL 30, 2013,
8
Projected Layoff Notices to be presented at the Board Meeting
May 7, 2013
9
Compose, compile, and edit budget documents, tables, spreadsheets, narratives, budget recommendations and Finalize recommendations, and prepare document schedules. for publication.
ON-GOING UNTIL THE BUDGET IS BALANCED
10
The Recommended Budget is made available to the Board and Public.
10 days from hearing dates
11
Publication of Notice of Public Hearings on the Final Budget (Clerk of the Board)
11 days from hearing dates
12
Final Budget Hearings
13
Board considers adoption of final budget
June 17, 2013 October 1, 2013
125
SAN BENITO COUNTY BOARD OF SUPERVISORS Anthony Botelho Robert Rivas Jerry Muenzer Jaime De LlI Cruz DIstrict No.2 DIstrict No.3 District No. -4 District No.5 Chllir Vice Chair County Administration Building - Bo.td of SuptlfVisol'$ CMmbers, 481 Fourth Street. Hollisflu CMifomill
Mat'(Jle Bantos DIstrict No. 1
l
BUDGET HEARINGS - FISCAL YEAR 2013·2014 JUNE 17, 2013 AGENDA BUDGET HEARINGS WILL RESUME ON JUNE 18, 2013 AT 1:30 P.M. AFTER THE REGULAR BOARD MEETING Mission Statement The County Board of Supervisors will fBcognize the pubOc trust it holds, will on all occasions conduct businass with honesty, integrity, and respect for the individual, and will hold the organization of County government to that same standard.
The San Benito County Board of Supervisors welcomes you to this meeting and encourages your participation. Public Input time limit: 2 minutes per speaker.
I 9:00 A.M.
- .CALL TO ORDER: ,·
:'
..
a)
Pledge of Allegiance.
b)
Acknowledge Certificate of Posting.
I
, " q-
9:00 A.M .• MONDAY. JUNE 17. 2013 - BUDGET HEARINGS BEGIN 1:30 P.M. MONDAY. JUNE 17. 2013 - PUBLIC HEARING A public hearing re: Capital Outlay Budget, including capital projects and equipment financed by development fees, will be held at 1:30 p.m. (or as soon thereafter as the matter may be heard) on Monday, June 17, 2013. 1:30 P.M. TUESDAY. JUNE 18. 2013 - BUDGET HEARINGS WILL RESUME AFTER THE REGULAR BOARD MEETING (if riecessary) Budget hearings will begin on Monday. June 17. 2013 at 9:00 a.m. and will be continuous until completed. There will be a public hearing on the Capital Outlay Budget held at 1:30 p.m. on Monday. June 17. 2013 after which budget hearings will resume. All budget hearing items will be approved "temporary due pass".
Budget Hearings Agenda
Page 1 of6
June 17, 2013
126
INTRODUCTION & OPENING REMARKS - County Administrative Officer
FY 2013/2014 RECOMMENDED BUDGET INTRODUCTION Budget Overview
APPROVE TEMPORARY DUE PASS FOR ALL BUDGET UNITS
These matters shall be considered as a whole and without discussion unless a particular item is removed from the Consent Agenda. If any member of the public wishes to comment on a Consent Agenda Item, please fill out a speaker card, present it to the Clerk prior to consideration of the Consent Agenda and request the item be moved and consider separately. BU# DEPARTMENT
PAGE #
GENERAL FUND - 1001
1. 180 General Fund Contributionsl Non-Departmental Expenditures 2. 185 General Purpose 1 Non-Departmental Revenues 3. 207 Grand Jury 4. 211 Communications (911) 5. 214 UNET 6. 215 Drug Abuse & Rural Crime Grants 7. 227 Gang Prevention 8. 261
Coroner
9. 262 Public Administrator 10.267 Housing & Economic Development 11. 271 Abandoned Vehicle Abatement 12.273 Land Development Projects 13. 275 LAFCO 14.305 Council of Governments 15. 490 County Medical Services Program Participation Fee 16. 520 General Relief-Aid to Indigents 17. 545 First Five 18. 560 Veterans Services 19. 620 University of California Cooperative Extension 4-HI Farm Advisor 20. 801
Long-term Debt Repayment - Sheriff Admin.lCounty Permit Ctr. Bldg.
Budget Hearings Agenda
Page 2 016
June 17. 2013
127
PUBLIC WORKS - 2101 & 2720
21. 300 Public Works Road Maintenance 22. 101 CSA Internal Service Fund VICTIM WITNESS - 2510
23. 208 Victim Witness Assistance Program CHILD SUPPORT SERVICES - 2224
24. 216 Child Support Services BEHAVIORAL HEALTH - 2221 & 2225
25. 406 Mental Health 26. 409 Substance Abuse PUBLIC HEALTH - 2214
27.400 Public Health Summary Fund 28.421 Tobacco Education 29. 424 Public Health Services 30. 425 Child Health & Disability Prevention Program (CHOP) 31.428 Maternal & Child Health 32. 429 Environmental Health 33. 440 Adolescent Family Life Program 34. 449 Emergency Preparedness 35. 450 California Children's Services Administration 36. 451 CCS Diagnostic Treatment and Therapy EMERGENCY MEDICAL SERVICES - 2216
37. 101 Emergency Medical Services HEALTH AND HUMAN SERVICES - 2211
38. 500 Human Services Agency Administration 39.513 AFDC FG/U Cal Works Assistance 40. 514 Foster Care Assistance 41 . 515 Title IV-8 Child Welfare Services 42. 518 Cal Works Support Services 43.519 Cal Learn 44. 528 Cal Works - State Only PUBLIC AUTHORITY - 2212
Budget Hearings Agenda
Page3of6
June 17. 2013
128
45. 512 In Home Supportive Services
CSWD-2402 46.101 Community Services & Workforce Development MIGRANT LABOR CENTER - 2550 47.101 Migrant Labor Housing Center FISH & GAME - 2603 48.101 Fish and Game Commission MOSQUITO ABATEMENT - 2610 49. 251 Mosquito Abatement Program INTEGRATED WASTE - 3010 50. 101 Integrated Waste Management Landfill 51. 102 Regional Agency
52. 101
Capital Outlay Fund
53. 102 Road & Bridges Capital Improvement Projects
BU# DEPARTMENT
PAGE #
54. 100 Board of Supervisors 55. 102 Clerk of the Board 56. 105 County Administrative Office 57.130 Internal Services 58. 190 Risk ManagemenUlnsurance 59.106 Information Technology 60.107 GIS 61 . 109 County Counsel 62. 112 Treasurer
Budget Hearings Agenda
Page 4 016
June 17. 2013
129
63. 116 Tax Collector 64.114 Assessor Clerk/Auditor/Recorder 65. 110 Auditor 66. 114 Elections 67.259 County Clerk 68. 260 County Recorder
69.206 District Attorney 70.207
Public Defender
Sheriff 71.210 Operations (Patrol) 72.220 Corrections Division (Jail) 73.263 Office of Emergency Services
)
74. 224 Probation 75.226 Juvenile Detention Facility 76. 160 Buildings and Grounds Maintenance 77. 256 Public Works Administration and Engineering 78. 700 Veterans Memorial Park 79. 702 Recreation and Parks 80. 250 Agricultural Commissioner/Sealer of Weights & Measures 81. 265 Planning and Building 82. 266 Animal ControlNeterinarian Services Contract 83.101
County Fire
84. 540 Contribution to Community Based Organizations 85.610 County Library 86. 620 University of California Cooperative Extension 4-H/ Farm Advisor 87. 999 Appropriation for Contingencies
Budget Hearings Agenda
Page 5 of6
June t7, 2013
130
Final Budget Deliberations This notice is posted pursuant to Section 54956 of the Govemment Code. NOTE: A copy of this Agenda was published on the County's Web site on the Friday preceding the Board meeting and may be viewed at www.cosb.us . All proposed agenda ~ems with supportive documents are available for viewing at the San Benito County Administration Building, 481 Fourth Street, Hollister, CA between the hours of 8:00 a.m. & 5:00 p.m., Monday through Friday (except holidays). This is the same packet that the Board of Supervisors reviews and discusses at each Board meeting. As required by Gov. Code Section 54957.5 any public record distributed to the Board of SupeNisors less than 72 hours prior to this meeting in connection with any agenda item shall be made available for public inspection at the office of the Clerk of the Board, San Benito County Administration Building, 481 Fourth Street, Hollister, CA 95023. Public records distributed during the meeting will be available for public inspection at the meeting if prepared by the County. If the public record is prepared by some other person and distributed at the meeting it will be made available for public inspection following the meeting at the office of the Clerk of the Board.
In compliance with the Americans with Disabilities Act (ADA) the Board of Supervisors meeting facility is accessible to persons with disabilities. If you need special assistance to pertlclpete In this meeting, please contact the Clerk of the Board's office at (831) 636-4000 at least 48 houlS before the meeting to enable the County to make reasonable arrangements to ensure accessibility.
Budget Hearings Agenda
Page 6 of6
June 17, 2013
131
San Benito County Board of Supervisors FY 2013-2014 Budget Policies The purpose of these policies is to guide staffin the development of the annual budget and to provide transparency for the general public Maximize opportunities to consolidate, collaborate and cooperate with other agencies to improve service delivery while saving money. Identify opportunities to privatize service delivery while improving efficiencies and saving money. Maintain a General Fund prudent cash reserve at recommended minimum of 3%. Retain a Contingency of at least 3% per Fund (if a fund balance is available) as a proactive measure for unforeseen expenses or revenue reversals during the year. In general, continue to maintain FY12/13 authorized FTE's per department. FY 12/13 authorized FTE levels may be increase with new or increased non-general fund all-purpose revenue funding sources. If special circumstances arrive requiring the adjustment of the FTE's, it will be presented to the Soard of Supervisors once the CAO's office has done an analysis regarding the impact to the General Fund's ongoing OPES costs, and overhead workload. Notify the CAO of impending employee retirements in all operating budgets in order to budget accordingly. Recognize true salary savings due to normal employee vacancies in all operating budgets. Reorganization proposals may be considered for inclusion in the budget only if Human Resources have completed appropriate organizational and fiscal impact analysis and recommendations. Identify options to reduce or eliminate services and costs in non-mandated or discretionary program areas. Maximize the use of Trust and Special Revenue Funds and other revenue sources (i.e. , grants, etc.) to support programs and services that would otherwise consume general fund resources. As much as possible, limit use of one-time funds including reserves and trust funds for critical one-time expenses including fixed assets, capital projects, and building maintenance and repair projects. Maintain ongoing funding for County Information Technology, network/infrastructure development, operating system applications and maintenance as a means to maximize productivity.
132
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AGENDA ITEM TRANSMITTAL TO: FROM:
181 10 Min or 0 Consent
BOARD OF SUPERVISORS MARIA C. CORONA, INTERIM DIRECTOR, HHSA Name: Phone No:
REQUIRED:
Enrique Arreola 637-9293
SUBJECT: Operating Agreement between the Farm Labor Association and "A New Choice" Regarding
MEETING
February 19, 2013
pages
The County of San Benito has leased the Unaccompanied Adult Farm labor Camp facility to the San Benito County Farm labor Association (RA) for many years for the purpose of providing farm labor housing for unaccompanied adults. The FLA has been the only lessee of the 3239 Southside Road facility. The current lease runs through December 2013. The FLA subleases the premises to the Homeless Coalition, for operation of the Emergency Homeless Winter Shelter. Copies of the current lease to the FLA and sublease to the Homeless Coalition are attached. Following Board direction at the January 22,2013 Board of Supervisors' meeting, the County Counsel's Office sent a letter (attached) to the FLA requesting submittal of an Operating Agreement between the FLA and "A New th Choice" for the Board of Supervisors' consideration at its February 19 meeting, in accordance with the FlA's nd lease. The FLA has been working with the County to address issues raised at the January 22 Board meeting.
~~J?~~J fEB 1 3 2013 SAN BENITO
OTHER AGENCY INVOLVEMENT:
CXlUNTY COUNSEL
UmitedTerm RECOMMENDED
It is recommended that the Board of Supervisors: 1. Gather feedback and provide direction regarding the operations of the San Benito County Unaccompanied Adult Farm Labor Camp.
Maria C.
o APPROVED o ACKNOWLEDGED
o SET PUBLIC HEARING
CLERK'S USE ONLY
o DENIED o ACCEPTED o APPOINTED
o ADOPTED o RESOLlITlON NO. o ORDINANCE NO.
----
o CONTINUED TO
o0 OTHER NO
ACTl;:;;ON"'T""'A-;;;KE"'N,------~----
BY:
Deputy aerk of the Board
I DATE:
Back to top COpy ROUTING:
BOARD - ORIGINATING DEPT. - AUDITOR
133
COUNTY OF SAN BENITO
OFFICE OF THE COUNTY COUNSEL MATTHEWW. GRANGER Cou nty Counsel
481 Fourth Stre.~ 2nd Floor Hollister, CA 95023 (831) 636-4040 Office (831) 636-4044 Fax
Assistant County Counsel BARBARA J. THOMPSON
Deputles SHIRLEY L. MURPHY IRMA F. VALENCIA
January 31, 2013 Via Email ([email protected]) and First-Class Mail Mindy Sotelo, Executive Director Farm Labor Association 530 San Benito Street Hollister, CA 95023 Subject:
Farm Labor Association Lease with County of San Benito Regarding 'The Premises Known As 'The San Benito County Camp Ground For Unaccompanied Adults On Southside Road
Dear Ms. Sotelo: As you may know, the Board of Supervisors recently discussed the use of the migrant camp kitchen, pursuant to the terms of the Farm Labor Associations' lease referenced above, at its meeting of January 22, 2013. The Board has requested that the FLAbring its lease with the County into compliance with all of its terms and condition, and specifically with Section B-3, no later than the Board of Supervisors' meeting on February 19, 2013. The County Counsel's Office has been instructed to contact the FLA and advise it that this matter will be agendized for the February 19th meeting and to provide it with the information and documentation that the County needs to obtain in order to approve any sublease or assignment that the FLA has entered into with the entity known as "ANew Choice." Enrique Arreola, Deputy Director of the Community Services and Workforce Development Division of the Health and Human Services Agency, previously notified you that several provisions of the FLA's lease require the County's prior approval of any subleasing of the premises. You provided Mr. Arreola with an Operating Agreement between the Farm Labor Association and "A New Choice" effective July 1, 2012, through June 3D, 2013, regarding the use of the migrant camp kitchen, along with certificates of insurance provided by "ANew Choice." 'The County's Risk Management department has reviewed the certificates of insurance and determined the amounts and types of coverage are sufficient. 134
January 31, 2013 Mindy Sotelo, Executive Dir., FLA Page 2 of3
Regarding the Operating Agreement, we note that it refers to "A New Choice's" payment of monthly rent, which would indicate an intention to sublease the premises. U that was the FLA's intention, please note that the Operating Agreement does not meet the legal standards of a sublease and you may wish to consult the FLA's attorney for assistance in drafting a sublease for the Board of Supervisors' consideration at its February 19f1' meeting.1 U FLA's intention was to enter into a contract, rather than a sublease,that would be acceptable under the terms of the FLA's lease, although the County would still require that additional terms be included in the Operating Agreement. Whether FLA prefers an Operating Agreement or a sublease, please submit a revised document for the Board of Supervisors' consideration at its February 19th meeting, which includes at a minimum the following additional terms: 1) "A New Choice" shall give priority to camp residents in terms of the food made in the Migrant Camp kitchen and offered to camp residents. This includes the types of meals made, and the price at which they are offered for sale to camp residents. The current provision in the Operating Agreement stating" ... camp residents are to be offered food services" is not sufficient. Under the terms of the state and federal grants used to fund the construction and/or remodeling of the camp's kitchen facilities, the use of camp facilities is required to be focused primarily on providing services to camp residents; off-site sales are allowable, as long as they are ancillary, not the primary use of the facilities. 2) The concurrent use of facilities by other County lessees and sublessees, such as the Homeless Coalition, shall be accommodated. Hours of use, storage space in refrigerators and other facilities, and other pertinent arrangements for sharing of the camp kitchen shall be more clearly specified, in order to resolve and avoid confusion among individuals and entities to whom the County has previously granted approval to use the kitchen facilities. 3) In addition to the damage deposit and insurance coverage prOVided, "A New Choice" shall agree to indemnify, defend and hold the FLA and the County, and their officers, agents and employees harmless regarding any damage to County property and for any personal injuries to the sublessee, camp residents and/ or other third parties, resulting from "ANew Choice's" use of the kitchen facilities. The $5000 damage deposit may be made to the FLA, but shall be held for the benefit of the County for purposes of reimbursing the County for the cost of any repairs to damaged County property.
1
Apparently, the FLA's Camp Operator and the owner of"A New Choice" had previously signed a document entitled "Commercial Gross Lease" in May, 2012. We assume that this has been terminated and superceded by the Operating Agreement If not, this document would also 135 requtre the County's prior approval, as well as the inclusion of additional terms.
January 31, 2013 Mindy Sotelo, Executive Dir., FLA
Pnge30f3
4) "A New Choice" is bound by all of the terms and conditions of the lease between the County and the FLA. 5) "A New Choice" shall comply with applicable federal, state, and local laws and regulations, including but not limited to the requirements to obtain and maintain all licenses and permits required for its authorized use of the County's property. In addition to bringing the Operating Agreement or sublease into compliance, staff indicates that the Health Permit issued to "A New Choice" in 2012 has expired. Please ensure that they have renewed their Health Permit for 2013 or, if not, that they do Boimmediately.
Finally, the County Planning Department indicates that "A New Choice's" current uses of the camp kitchen are not in compliance with the current Use Pennit or zoning of the property. Please contact the Planning Department regarding an appropriate application to authorize the intended use of the kitchen for off-site sales of food. Please provide the information and documentation requested above to Mr. Arreola no later than close of business on Friday, February 8fu, so that it can be submitted to the Clerk of the Board of Supervisors by the agenda deadline for the February 19th meeting. If you have any questions, please do not hesitate to call. Thank you for your time and cooperation in this matter. Sincerely,
~l·l1l~
Deputy County Counsel
136
A"I
, .& 11:1"1
~~,lime EstImates:
1
I !.eave 6Iank:
,
consent
BOARD OF SUPERVISORS '
TO:
Fth0R ••,'.. v'w"" Name: Ka y Aores Phone No: ~180
FROM:
'-VI' ,,,,-,'
Health & Human Services Agency 1'11:1: "''';
J~{)
'Rec'd:
I .(., I
"VI';
REQUIRED:
.I ~
COPJE
0
i~proIIe Fa~ Labor Association Lease for Southside Road Unaccompanied Adult Farm Labor Camp
DATE:
12/1/09
¥~: county leases the sUbj~~ facility to the non-profit Farm Labor Association (FtA) for purposes of providing seasonal
housing for farm laborers. ' The current lease expires December 31, 2009. In order to ensure continuity of services, the Association and staff are requesting a renewal of the current agreement for another year to December 31, 2010.
(4)
IT BOARD. " ... "UN:) ON THIS March 2009 approved amendment to prior lease
~6) rll
DYES jlg NO
'ADDn
(9) WILL
. YEAR
~7),
COST:
Ir YES,"PeSTAlTE"
rmanent
. COST:
__
: ITEM:
~! I
,~u;
___ Umlted Term
(~O~ "_..I " ... 1 .~_' It is recommended that the Board of Supervisors:
J
It Is recommended thai the Board of SuperviSors: 1, Find that property to be leased serves the County's and the publiC'S best Interest by providing safe and alfordable housing to moderate and loWIncome seesonal farmworkers and by providing emergency shelter to homeless persons at the Migrant Farmworker Labor Camp during the wilter months. 2. Adopt ResoluUon No. __ declaring an intent to lease an interest In real property for purposes of providing safe and alfordable housing to quanfied seasonal farmworkers. and winter 8heller to homeless persons, at the Southside Road Migrant Farmworker Labor Camp. 3. Approve the lease between the County and the Farm Labor Association for the term January 1,2010 to December 31,2010 with the option to automatically renew one year at a time upon appropriate notiflcalion and authorize the Vioe-Cha/r to sign said lease.
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DATE:
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137
KATHllYN FWIl D1REC'J1
SAN BENITO COUNTY
ELIZABB'I1I YA.L.UlE, M.D. M.P HJ:ALmOFFlC
HEALm " HUMAN SERVICES AGENCY ADMINISTRATION 831-63&.1180
1111 SAN FELIPE ROAD. SUITE 2 HOWS'I1!R, CALIFORNIA 91023
Date:
November 16, 2009
To:
Honorable Board of Supervisors
From:
Kathy Flores, HHSA, Director, Health and Human Services Agency
Subject:
Approve Farm Labor Association Lease for Unaccompanied Adult Farm Labor Camp
~~
SummarY The County leases the subject facility to the non-profit Farm Labor Association (FLA) for purposes of providing seasonal housIng for farm laborers. The current lease expires December 31,2009. In order to ensure continuity of services, the Association and staff are requesting approval of a new one-year lease wllh an option to automatically renew one year at a time upon appropriate notification. Recommendation It is recommended thai the Board of Supervisors: 1. Find that property to be leased serves Ihe County's and the public's best interest by providing safe and affordable housing to moderate and low-income seasonal farmworkers and by providing emergency shelter 10 homeless persons at the Migrant Farmworker Labor Camp during the winter months. 2. Adopt Resolution No. __ declaring an inlent to lease an Inlerest in real property for purposes of providing sate and affordable housing 10 qualified seasonal farmworkers, and winter shelter 10 homeless persons, at the Southside Road Mlgranl Farmworker Labor Camp. 3. Approve the lease between the County and the Farm Labor Association for the term January 1, 2010 to December 31,2010 with the option to automatically renew one year al a time upon appropriate notification and aulhorize the Vice-Chair to sign saId lease. Discussion The County of San Benito has leased out this facility for many years for the purpose of providing farm labor housing for unaccompanied adults. The San Benno County Farm Labor Association (FLA) has been the only lessor of the 3239 Southside Road facility. This is arequest for a new lease for the property with the FLA. The currenl agreement expires December 31 , 2009 and the proposed new lease Is for the term January 1,201010 December 31,2010. This lease would ensure continu~y of services for farm laborers and incorporates requirements of the Farm Worker Housing Grant (FWHG) that will be used to add an additional dormitory building and kitchen areas on 10 the lessee. Requlrermnts include submission of an annual operating budget to the County, facllity use restrictions, and maintenance of general operating and replacement reserve accounts. These restrlctionseJ8 primarily ouHined In Attachment A and Attachments E.4.1 and E.4.2. If there were 10 be an Inlerrupt~ervices, farm laborers would likely be left with housing options that are unsafe andlor unhealthy such as sleeping In orchards, cars, or garages.
138 RLlGIBILITY SERVICES
SOCIALSIIItVICBS
INVES'I1GATIONS
CoIWOJIKS _ . . . .
OOMMIlNITY SERVICIlS II IVORKFORCI! DEli.
REAI.TlI SEJlVIC!
Pursuant to Government Code section 25539.4(a), the Board may lease County-owned property to provide housing affordable to persons or families of low or moderate income. Section 25539.4(a) would be satisfied if the Board of Supervisors makes the following determinations: 1. It is in the County's and the public's best interests to provide hOUSing to seasonal fannworkers, that is safe and aifordableto persons of moderate, low, very-low and/or extremely-low Income, as defined by Section 50093 of the Health and Safety Code and determined by the United statee Department of Housing and Urban Development or Its designees, at the San Benito County Southside Road Migrant Fannworker Labor Camp and 2. It is in the CountY's and the public's best interests to provide emergency sheHer to homeless persons and families at the San Benito CountY Southside Road Migrant Farmworker Labor Camp during !he winter months of November to March, when it is not needed to house seasonal farmworkers. The daily bed rate charged to qualified occupants qualifies as housing affordable to persons of very Iowincome, as defined by Section 50093 of the Health and Safety Code and determined by the United States Department of Housing and Urban Development or Its designees. Agrl-buslness is a major industry In San Benito County, which relies on the use of seasonal farm workers, who need safe and affordable housing. Additionally, the proposed lease supports the need for safe and affordable emergency shelter for homeless persons and families. The FLA leases a portion of this facility to the Homeless Task Force, a non-profit shelter provider, forthe winter months. With over $1.5 million in federal and State grants, the County has made substantlallmprovemenls to the facility over the past four years that include upgrades and replacements of the bath facilities, drainage and underground utility Installation, electric/gas/plumbing upgrades, and replacement of two dormitory buildings. Currently, the facility has the capacity for 174 beds. The additional dormitory that Is expected to be constructed and completed In 2010 will bring the facility's capacity to 286 beds. The dormitory/kitchen project had been delayed due to the halting of State-funded capital projects as a resun of the State's finances. Over the past few months, the project has made significant progress as follows: the County has received the grant funds, which are being held In escrow; the plans have been sent to 'plan check"; permits are ready; the contractor's agreement has been approved by the Board and they are ready to proceed once PGE has completed work related to the moving of a gas meter. The Association's Board of Directors has undergone a change with the participation of new directors and the seJection of a new President (Greg Swett). AddiHonaUy, the FLA is receiving in-kind support services from the San Benito County Farm Bureau in the form of staff and office space. Other Aaency Involvement The Farm Labor Association subleases the facility to the Homeless Task Fonce for winter shelter. Financial Considerations There are no general funds requested for this activity. Operations funding is derived via daily fees charged to the farm laborers in exchange for seasonal temporary housing and is the responsibility of the FLA.
139
LEASE The COUNTY OF SAN BENITO, as landlord, ('~COUNTY"), and San Benito County Farm Labor Association as tenant ("TENANT"), enter into this lease on the date stated next to the signatures below.
1.
DURATION OF LEASE. The lease shall commence on Ianuaty 1, 2010, and end on December 31, 2010, unless sooner terminated as specified herein. Unless either party gives the other party written notice within not less than ninety (90) days of the expiration of the lease, the lease shall automatically renew for a one (1) year period of time upon · the same terms and conditions.
2.
DESCRIPTION OF PREMISES. COUNTY agrees to rent to TENANT a portion of the premises commonly known as: San Benito County Camp Ground for Unaccompanied Adults on Southside Road, as reflected on Attachment D. Attachment P is made a part of this lease.
3.
RENT.
In consideration for COUNTY leasing the premises to TENANT, TENANT agrees to provide to COUNTY the rent as specified on Attachment A. Attachment A is made a part of this lease. 4.
SECURITY DEPOSIT. TENANT will deposit with COUNTY the sum of ""zer=o_ _-:-_ _ _ _ __ ($Q.OO ) Dollars as a security deposit consistent with the provisions of paragraph B-4 of Attachment B.
5.
USE OF PREMISES . The premises are rented to TENANT for the following purposes only: the operation of Migrant Farm Labor Camp for unaccompanied adult farm workers and for limited use as a winter shelter for homeless persons during the winter months of November to March, subject to terms and conditions of a sublease to the Homeless Task Force.
6.
ADDITIONAL TERMS. The rights and duties of the parties to this lease are governed by the general terms and conditions specified in Attachment B and by the special terms and conditions specified in Attachment E. Attachments Band E are made a part of this lease.
140
7.
INFORMATION ABOUT LEASE ADMINISTRATORS. The following names, titles, addresses and telephone numbers are the pertinent information for the respective lease administrators for the parties: Lease Administratol' for COUNTY: Name: Kathy Flores Title: Director, Sail Benito County Health & Human Services Agency Address: 1111 San Felipe Road, Ste.206 Hollister, CA 95023 Phone No.: (831)636-4180 Fax No.: (831) 637-9754
8.
Lease Administrator for TENANT: Name:~G=
Address: 530 San Benito Street H...."o.... lh"'·8",te,,:"r,,-,C,,,,A~95>
ATTACHMENTS. The following attachments which are adopted are made a part of this lease. Adopted
Not Adopted
0/
Attachment A: Consideration for Lease Attachment B: General Terms and Conditions Attachment C: Resolution of of Board Supervisors, County · of San Benito, declaring intention to lease subject property Attachment D: Map Attachment E: Special Terms and Conditions
0/ 0/
COUNTY OF SAN BENITO:
TENANT:
San Benito County Board of Supervisors
Reb Monaco, Vice-Chair Date:
P!;/o, 9 .
.
APPROVED AS TO LEGAL FORM: Matthew Granger, County Counsel
141
ATIACHMENT A CONSIDERAnON FOR LEASE: TENANT shall provide the following consideration to COUN1Y on the following specified terms: A.l.
TENANT will pay one-dollar ($1.00) Dollar rent per month.
A·2.
TENANT agrees to render the following additional consideration as rent: (a)
TENANT shall maintain the buildings and fixtures upon the real property described herein for the purpose of conducting a farm labor camp. Such maintenance and repair of the buildings and other personal property located on County's property shall be at the sole expense of TENANT.
(b)
TENANT may construct and maintain upon the premises other buildings and improvements as may be required for the purposes stated herein. The location and nature of all new buildings or improvements to be constructed shall be subject to approval by COUNTY and shall be constructed at the sole expense of TENANT.
(c)
At the termination of this lease, all buildings and improvements incident thereto shall remain on the premises, and shall revert to COUNTY ownership for COUN1Y'S subsequent use and/or disposal.
(d)
TENANT shall make contributions to the Operating Reserve and Replacement Reserve Accounts as described in paragraph (e) below, commencing Aprill, 2010 and for the remaining duration of this lease.
(e)
TENANT hereby agrees to and shall establish separate reserve accounts as trustee for the COUNTY as the TENANT/lessee of the capitalized properties located in the camp (land, buildings, equipment and fixtures) owned by the COUNTY. These accounts shall be established and held solely for the care, upkeep and maintenance, and for capital improvements to or replacement of structures located Within said property. These accounts shall be the "Operating Reserve Account" and the "Replacement Reserve Account for Capitalized Property"; and any other accounts that may be required by this lease to assure continued upkeep and operation of the camp and facilities. These Reserve Funds shall be kept in interest bearing accounts in depOSitories whose deposits are insured by an agency of the Federal Govenunent and approved by the County. In addition, the TENANT shall maintain a General Operating Account. Should the TENANT contract with an Agent for operation of the Camp, the agent shall be subject to this requirement and the annually approved budgets established between the TENANT and the COUNTY. The TENANT shall keep required Reserve Accounts as Trustee for the COUNTY. COUNTY shall own these Reserve Accounts. 142
(1) General Operating Account: TENANT shall promptly deposit all gross operating receipts received from operation of the Camp into a General Operating Account. This account shall be in the name of the TENANT. Should the TENANT contract with an agent for the daily management and operation of the Camp, this account may be in the name of the agent. (2) Operating Reserve Account: The Operating Reserve Account shall be in the name of the TENANT. The TENANT shall make monthly deposits into this account starting April1-t through September 30th during the year from the gross operating receipts placed into the General Operating Account. The amounts to be placed into this account shall be equal to three percent (3%) of the annual budgeted operating expenses shown in the Approved Camp Operating Budget approved by the TENANT and the County. All funds budgeted shall be deposited into this account. by the 30th of September of the budget year. Upon termination of the Camp Lease Operating Agreement, any funds in this account not obligated under the budget or by the TENANT and COUNTY shall revert to the County. This account shall be funded until it contains $36,000 (approximately the January through April start-up costs) and then maintained at that level. All interest or other income earned by the Operating Reserve Account shall be applied solely to the purposes of the said Account, and disbursements from said Account shall be made only upon the approval or direction of the Director of Health and Human Services Agency (HHSA). (3) Replacement Reserve Account for Capitalized Property: TENANT shall provide funds from gross operating receipts, which the TENANT shall place into a Replacement Reserve Account for Capitalized Property. This account shall be in the name of the TENANT. This fund shall be maintained in an interest bearing commercial bank account. Funds in this account shall be subject to the direction of the County. Deposits of funds shall be made to the Replacement Reserve Account each month on or before the 15 th day of the months of June through September each year. Pursuant to the approval of the annual operating budget, the adequacy of the annual deposits in the account shall be reviewed in accordance with projected need for the expenditure of capital funds in the annual operating budget before itia approved by the Director of the San Benito County Health and Human Services Agency, but the amount annually deposited into this reserve shall never be less than a U.S. dollar amount of $20,000 or an agreed amount not to exceed an amount equal to foul' percent (4%) of the insured replacement value of the Camp buildings including eqUipment and fixtures, whichever amount is higher. All interest or other income earned by the Replacement Reserve Account shall be applied solely to the purposes of the said Account, and disbursements from said Account shall be made only upon the approval or direction of the Director of Health and Human Services Agency (HHSA). Upon 143
tennination of the Camp Lease Operating Agreement, any funds not obligated in this reserve account shall revert to the County, first for use in maintaining the Camp, and then for use as the County Board of Supervisors see fit to use said reserve funds. Should the U.S..dolIar amount accumulated in this reserve become equal to $200,000 the TENANT shall pay the annual contribution due to the reserve to the County .as rent for the Camp rather then as additional accumulated reserves.
(f)
Disbursements: TENANT may disburse funds from the accounts described in Section (e) of this Attachment A only for purposes noted below. (1) General Operating Account: TENANT may make disbursements from this account in accordance with the approved budget, and shall be disbursed, applied, or reserved and set aside for payment when due, in the following priority, to the extent available: (a) Salaries, wages, and any other compensation due and payable to the employees or agents of the TENANT employed on site in .connection with the maintenance, administration or operation of the Camp, along with all withholding taxes, insurance premiums, Social Security payments and other payroll taxes or payments required in connection with such employees;
(b) All charges incurred in the operation of the Camp in connection with utilities, real estate taxes and assessments, and liability, fire and other hazard insurance; (c) Payments of required interest, principal, impounds, fees and charges, if any, on loans which are secured by liens on the Camp and which have been approved in the Agreement; (d) All other expenses incurred to cover operating costs, including the lease fee to the COUNTY and any extraordinary expenses, in accordance with the approved annual operating budget of the Camp or as otherwise approved in advance by the County; (e)
Deposits to the required reserve accounts; and then
(f)
uOperating profits" calculated pursuant to the Agreement;
(g)
Any departure from the foregOing priorities must be expressly approved in writing by the Director of the HHSA.
(2) Operating Reserve Account: Funds from the Operating Reserve Account may be withdrawn only to alleviate cash shortages resulting from 144
unanticipated and unusually high maintenance expenses, seasonal fluctuations in utility costs, abnormally high vacancies, and other expenses that vary seasonally or from month to month. TENANT shall draw no Funds nor incur any obligation against the Operating Reserve Account without the prior written approval and authorization from the Director of the HHSA, except as necessary for emergency repairs required to avoid injury to persons or property. (3) Replacement Reserve Account for Capitalized Property: TENANT shall only make obligations against these reserve funds with the prior written approval and authorization from the Director of the HHSA. (g) Insurance: TENANT shall obtain and keep in effect at all times a policy Qf standard fire extended coverage insurance with vandalism and malicious mischief, endorsements covering the Camp Buildings and Equipment and Fixtures for replacement value, and public liability insUrance as required in the Camp Lease Opeiaiing Agreement with the County. The company(s) from whom the insurance is purchased, the conditions in the contract of insurance, the amounts of coverage, and the beneficiaries of each policy, shall be determined by the TENANT and approved by the County. The County shall be named as the loss payee in all policies. TENANT shall investigate and immediately furnish the County with full reports of all accidents occurring on or about the premises of the Camp or in connection with the operation of the Camp, or any claims or potential claims for damage arising out of such accidents. The TENANT shall cooperate with the County and insurers in the investigations and settlement thereof. (h) Annual Budget: TENANT shall submit annually to the County for approval, a proposed annual operating budget for the Camp. The proposed budget shall be on a form approved by the Director of the HHSA and shall be submitted in October of each year at least 70 days prior to the beginning of the next fiscal year. The proposed annual operating budget shall set forth the TENANT'S estimate of the Camp income, operating and reserve expenses, and if any, debt service for the upcoming year. The budget shall also show proposed set-asides for transfers to reserve accounts, any proposed adjustments for daily charges for bed rents, and the actual current ninemonth year-ta-date operating statement for the current year, with explanations of income and expense items which differ from the year's approved budget. The new proposed budget, upon approval by the Director of the HHSA, shall be the operating budget of the Camp for the next fiscal year. The TENANT shall operate the Camp in accordance with this approval annual budget.
(i) Reporting: TENANT shall submit quarterly financial operating reports to the Director of the HHSA on forms approved by the Director of the HHSA showing the camp is being operated according to the lease agreement and the approved budget. Any deviations of actual Camp operations varying more then 5% from the approved budget figures should be accompanied with a written explanation. 0) Maintenance and Repair: TENANT shall cause all rehabilitated or new Camp facilities to be maintained and repaired in a condition at all times acceptable to 145
the County and in compliance with all applicable State and Federal Health and Safety Standards for migrant farm labor camp housing for single persons, and with local code requiremenis. A goal under this Lease and of the TENANT shall be to bring all existing facilities within the Camp into compliance with existing building codes for temporary migrant farm worker housing. (1) TENANT shall systematically and promptly receive and investigate all requests for maintenance or repair from guests, take action thereon as may be justified, and keep records of the same. TENANT shall inform guests of procedures to obtain maintenance services if an emergency occurs after nonnal office hours. TENANT shall maintain a logbook containing all service requests and maintenance repairs provided, copies of whi!=h shall be subject to periodic inspection by the County. (2) Subject to the spending limitations set out elsewhere in: tI$ contract, TENANT is authoiized to purchase all materials, equipment, tools, appliance, supplies, and services necessary to ensure proper maintenance and repair of the Camp. (3) County shall furnish TENANT with a set of as-built plans and specifications that reasonably reflect the Camp layout and facilities, and copies of all guarantees and warranties pertinent to construction, fixtures, and equipment. The TENANT is to update these plans as the TENANT makes improvements to camp facilities. With the aid of this information and inspection by competent personnel, the TENANT shall familiarize itself with the character, location, construction, layout, plan, and operation of the Camp and especially of the electrical, heating, plumbing, ventilating system, and all other mechanical equipment and systems. (k) Utilities and Services: TENANT shall make arrangements for all common area utilities, including electric service, water, sanitary sewage, rubbish collection, vermin extermination, and for the necessary maintenance of buildings and equipment. TENANT has the authority to execute such contacts under the Agreement as may be necessary to secure such services, subject to the limitations described in Section (f) (Disbursements) of this Attachment A.
(1) TENANT will charge qualified occupants the bed rate set forth in the Regulatory- Agreement (Attachment E.4.2, Attachment B). Bed rate increases shall be subject to approval of the County and the State Department of Housing and Community Development. TENANT shaJI submit written request of the increase 60 days in advance of projected implementation date. Written request shall include documentation in support of the increase, such as financial statements.
146
ATTACHMENT B GENERAL TERMS GOVERNING THE OPERATION OF THIS LEASE B-1.
Definition of "TENANT": The term "TENANT" is hereby defined to include the following:
(a)
the party identified in this lease as the named TENANT and its officers, employees, agents and authorized representatives;
(b)
the named TENANT's heirs, successors, executors and administrators;
(c)
any party who is authorized, by COUNTY's prior written consent, as a sub-lessee under this lease and such sub-lessee's officers, employees, agents and authorized representatives; and
(d)
any party who is authorized, by COUNTY's prior written consent, as an assignee of the named TENANT's interest under this lease and such assignee's officers, employees, agents and authorized representatives.
B-2.
Occupancy. The premises shall be occupied only by the named TENANT, unless COUNTY provides prior written consent to occupancy by another party.
B--3.
Prohibition Against Assignment and Subletting. TENANT may not assign TENANT's interest under this lease, or sublet any portion of the premises, without COUNTY's prior written consent, and any attempted assignment or sublease without such consent shall be void.
B-4.
Security Deposit. TENANT will deposit with COUNTY the sum specified in paragraph 4 of this lease as a security deposit. COUN1Y will hold the security deposit for the faithful performance by TENANT of TENANT's obligations under this lease, including payment of rent and, after surrender of the premises, cleaning of the premises, repair of the premises exclusive of ordinary wear and tear, and to remedy any default in TENANT's obligation under the lease to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear. Within two weeks after TENANT has vacated the premises, COUNTY shall furnish TENANT with an itemized written statement of the basis for, and amount of, the security received and its expenditure, and will return any remaining portion of the security deposit to TENANT.
B-5.
Tenant's Obligation. TENANT agrees to perform, at their own cost, the following obligations, and TENANT's failure to perform any or alI of these specified obligations shall be deemed a default under the terms of this lease:
J
(a)
To keep the premises as clean and sanitary as their condition permits;
(b)
To dispose of alI rubbish, garbage, and other waste in a clean and sanitary manner;
147
(c)
To use, operate properly and maintain in good condition all electrical, gas and plumbing fixtures and pipes, and to keep them as clean and sanitary as their condition permits;
(d)
To pay all utilities and service charges related to occupancy of the premises.
(e)
To refrain from willfully or wantonly destroying, defacing, damaging, impairing, or removing any part of the premises or the facilities, equipment, or appurtenances, or permitting any person on the premises to commit such acts;
(f)
To comply with all federal, state and local laws regulating and/or pertaining to TENANT's posseSSion of the premises.
5-6.
TENANT Conduct. · TENANT may not disturb, annoy, endanger, or interfere with occupants . of neighbormg buildings.. TEN ANT may not use the premises for any unlawful purpose, violate any law or ordinance, or commit waste or nuisance on the premises. TENANT is responsible for all costs associated with any improper conduct or violations of any law or ordinance.
B-7.
TENANTs Obligation to Maintain Premises. TENANT, at its own cost, shall maintain the premises in good condition. COUNTY shall not have any responsibility to maintain the premises. Tenant waives the provisions of Civil Code sections 1941 and 1942 with respect to COUNTY's obligations for tenantability of the premises and TENANT's right to make repairs and deduct the expense of such repairs from rent.
B-8.
Alteration. TENANT shall not make any alterations to the premises without County's prior written consent.
B-9.
TENANT's Construction and Installation of Improvements. Should TENANT require that any improvements be made to the premises beyond those in existence at the beginning of the lease term, TENANT may construct and/or install such improvements, upon obtaining COUNTY's prior written consent. Thereafter, during the term of this lease, TENANT shall maintain such improvements in good condition. Any such improvements shall become COUNTY's property, as an appurtenance to the land, upon termination of the lease. As provided in paragraph B-7 above, COUNTY shall not have any responsibility to maintain the improvements constructed or installed by TENANT and TENANT waives the provisions of Civil Code section 1941 and 1942.
B-I0. COUNTY's Right of Entry. COUNTY and its authorized representatives shall have the right to enter the premises at all reasonable times for any of the following purposes: (a)
To determine whether the premises are in good condition and whether TENANT is complying with its obligations under this lease; 148
(b)
To perform any necessary maintenance and to make any restoration to the premises that COUNTY deems necessary to maintain the premises in good condition;
(c)
To serve, post, or keep posted any notices required or allowed under the provision of this lease;
(d)
To post "for sale" signs at any time during the term, to post "for rent" or "for lease" signs during the last three (3) months of the term, or during any period the TENANT is in default of the provisions of this lease;
(e)
To show the premises to prospective brokers, agents, buyers, tenants, or persons interested in an exchange, at any time during the tenn of this lease;
(f)
COUNTY retains the right to use the facility, upon prior notification, in any. manner that does not interfere with the TENANT's use of the property.
B-ll. Condition of Premises. TENANT has inspected the premises, furnishings and equipment, and has found them to be satisfactory. All plumbing, heating and electrical systems are operative and are deemed satisfactory. B-12. Non-discrimination. TENANT agrees not to discriminate against any employee who is employed to work at the subject premises or discriminate against any application for such employment due to ethnic group identification, religion, age, sex, color, national origin or physical or mental disability, medical condition or marital status. B-13. Responsibility Of Lease Administrators. All matters concerning this lease which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective lease administrator or any party's employee as the lease administrator may appoint in writing. A party may, in its sole discretion, change its designation of its lease administrator and shall promptly give written notice to the other party of any stich change. B-14. Notices. Notices to the parties in connection with the administration ofthis lease shall be given to the parties' lease administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
(a)
The day the notice is personally delivered to the lease administrator or the office of the lease administrator; or
(b)
Five days after the date the notice is deposited in the United States mail, addressed as indicated in this lease, with first-class postage fully prepaid; or
(c)
On the day that the notice is transmitted by facsimile to the party's facsimile number specified in paragraph 7 of this lease, provided that an original of such notice is deposited in the United States mail, addressed as 149
inclicated in this lease on the same day as the facsimile transmission is made. B-15. Authority and Capacity. TENANT and TENANT's signatory each warrant and represent that each has full authority and capacity to enter into this lease. B-16. Counterparts. This lease may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts together constitute one lease. B-17. Binding on Successors and Assigns. All of the conditions, covenants and terms herein contained shall apply to and bind the TENANT and the TENANT's heirs, successors, executors, administrators, sub-lessees and assigns. TENANT and all of TENANT's heirs, successors, executors, administrators, sub-lessees and assigns shall be jointly and severally liilble under this lease. B-18. Toint and Several Liability. This agreement is between COUNTY and the named TENANT. The named TENANT is responsible for performance of his/her/its obligations under this lease. All parties identified as TENANT under paragraph 5-1 of this lease shall be jointly and severally liable under this lease. . 5-19. Indemnification of COUNTY. TENANT agrees to indemnify, defend and save harmless COUNTY and COUNTY's officers, agents and employees, from and against any and all claims and losses whatsoever arising out of or in any way related to TENANT's performance under this lease, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by COUNTY in connection with such claims. TENANT's "performance" includes TENANT's action or inaction and the action or inaction of TENANT's officers, employees, agents and authorized representatives. 5-20. General Insurance Requirements. Without limiting TENANT's duty to indemnify, TENANT shall comply with the insurance requirements hereinafter set forth in the following paragraph. Insurance shall meet the following requirements: (a)
Each policy shall be with a company authorized by law to transact insurance business in the State of California, whether the company be an admitted carrier, or not;
(b)
Each policy shall provide that COUNTY shall be given notice in writing at least thirty (30) days in advance of change, cancellation, or non-renewal thereof;
(c)
The policies shall each provide an endorsement naming the County of San Benito and its officers, agents and employees as additional insureds; and
(d)
The required coverages shall be maintained in effect throughout the term of this lease. 150
B-21. Public Liability and Property Damage Insurance. TENANT at its cost shall maintain public liability and property damage insurance with a combined limit of $1,000,000.00, and property damage limits of not less than $100,000.00 insuring against all liability of TENANT and its authorized representatives arising out of and in connection with TENANT's use and/ or occupancy of the premises. B-22. Certificate of Insurance. Prior to the execution of this lease by COUNIY, TENANT shall file certificates of insurance with COUNTY, showing that TENANT haS in effect the insurance required by this lease. TENANT shall file a new or amended certificate promptly after any change is made in any insurance policy which,would alter the information on the certificate then on file. In lieu of providing proof of insurance, TENANT may provide proof of self-insurance meeting requirements equivalent to those Unposed herein. TENANT warrants that TENANT's self-insurance provides substantially the same protection to COUNTY as the insurance required herein. TENANT further agrees to notify COUNTY in the event any change in self-insurance occurs that would alter the obligations undertaking in "this lease within thirty (3~) days of such change. B-23. Bankruptcy. TENANT shall hnmediately notify COUNTY in the event that TENANT ceases conducting business in the normal manner, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or protection of the rights of creditors. B-24. Personal Property Remaining on Premises. After TENANT vacates the premises, either by expiration of the term or on termination of the tenancy, COUNTY must give the notices required by law concerning disposition of any personal property of TENANT that remains on the premises. TENANT is responsible for all reasonable costs of storing such personal property. The property will be released to TENANT or its rightful owner only after TENANT or the rightful owner pays to COUNIY the reasonable cost8 of storage within the time required by law. B-25. Possession of Premises. U COUNTY is unable to deliver possession of the premises to TENANT at the commencement of the term specified in this lease, COUNTY will not be liable for any damage caused thereby, nor will this lease be void or voidable. COUNTY will take reasonable steps to obtain possession of the premises from previous tenants or occupants. TENANT will not be liable for any rent, however, until the date that possession is actually delivered. TENANT may terminate this lease if COUNTY fails to deliver possession of the premises within thirty (30) days of commencement of the specified tern\. B-26. Possessory Interest Tax. This agreement may create a possessory interest subject to property taxation. If such an interest is created, the party in whom the possessory interest is vested may be subject to the payment of the property taxes levied on such interest. 151
B-27. Breach of Covenant. The parties consider each and every term, covenant, and provision of this lease to be material and reasonable. B-28. Walver. Waiver by either party of a breach of any covenant of this lease will not be construed to be a continuing walver of any subsequent breach. COUNTY's receipt of rent with knowledge of TENANT's violation of a covenant does not waive its right to enforce any covenant of this lease. No waiver by either party of any provision of this lease will be considered to have been made unless expressed in writing and signed by all parties. B-29. Time of The Essence. Time is of the essence of each provision of this lease. B-30. Entire Agreement. This lease contains all of the agreements of the parties. There are no understandings or agreements pertalning to this lease except as are expressly stared in writing in this lease or in any document attached hereto or incorporated herein by reference. B-31. Negotiared Agreement. This agreement has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this agreement within the meaning of Civil Code section 1654. B-32. Independent Advice. Each party hereby represents and warrants that in executing this lease, it does so with full knowledge of the rights and duties is may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this lease and the rights and duties arising out of this lease, or that such party willingly foregoes any such consultation. B-33. No Reliance On Representations. Each party hereby represents and warrants that it is not relying, and has not relied, upon any representations or statements made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this lease may tum out to be other than, or different from. the facts now known by such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this lease shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts. 5-34. Severability. Should any provision herein be found or deemed to be invalid, this lease shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remaln in full force and effect, and to this end the provisions of this lease are declared to be severable. B-35. Cumulation of Remedies. All of the various rights, optiOns, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, 152
election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed. B-36. Attorneys' Fees. In any legal action brought by either party to enforce the terms of this lease, the prevailing party is entitled to all costs incurred in connection with such an action, including reasonable attorneys' fees.
153
AT'l'ACHMENT C
1
BEFORE THE BOARD OF SUPERVISORS, COUNTY OF SAN BENITO
2 3 RESOLUTION OF THE BOARD OF SUPERVISORS) OF THE COUNTY OF SAN BENITO DECLARING ) 4: AN INTENT TO LEASE AN INTEREST IN REAL ) PROPERTY FOR PURPOSES OF PROVIDING ) 5 SAFE AND AFFORDABLE HOUSING TO ) 6 QUALIFIED SEASONAL FARMWORKERS, AND ) WINTER SHELTER TO HOMELESS PERSONS, AT ) 7 THE SOUTHSIDE ROAD MIGRANT ) 8 FARMWORKER LABOR CAMP )
Resolution NodCfJ9
- /D9
)
9 10 and 11
WHEREAS, the county owns a certain parcel of property along Southside Road;
WHEREAS, the San Benito County Farm Labor Association ("Tenant"), proposes to lease a portion of such property; and
12
WHEREAS, the Tenant proposes to continue to operate a seasonal migrant 18 farmworker labor camp on the sitei and WHEREAS, the Tenant proposes to sublease the property to the Homeless Task 14 Force during the months of November to March, to operate an emergency shelter on the 15 site for homeless persons, when the property is not needed to house seasonal farmworkers; and
16
WHEREAS, the daily bed rate charged to qualified occupants qualifies as 17 housing affordable to persons of very low-income, as defined by Section 50093 of the 18 Health and Safety Code and determined by the United States Department of Housing and Urban Development or its designees; and WHEREAS, agri-business is a major industry in San Benito County, which relies 19 20 on the use of seasonal farm workers, who need safe and affordable housingi and 21
WHEREAS, the need for safe and affordable emergency shelter for homeless persons and families is particularly acute during the winter months.
22
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the 28 County of San Benito hereby makes the following findings:
24: 1)
25 26 27 28 2)
it is in the County's and the public's best interests to provide housing to seasonal farmworkers, that is safe and affordable to persons of moderate, low, very-low and/ or extremely-low income, as defined by Section 50093 of the Health and Safety Code and determined by the United States Department of Housing and Urban Development or its designees, at the San Benito County Southside Road Migrant Farmworker Labor camPi and it is in the County's and the public's best interests to provide emergency shelter to homeless persons and families at the San Benito County Southside Road 154
Migrant Farmworker Labor Camp during the winter months of November to March, when it is not needed to house seasonal farmworkers.
1
2
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San 8 Benito hereby approves of the lease of a portion of the Southside Road property under 4: the terms and conditions specified therein and authorizes the vice-chair of the board of supervisors to execute the lease.
5
PASSED AND ADOPTED by the San Benito County Board of Supervisors at the 6 meeting of said board held on the 1st day of December, 2010, by the following vote:
Monaco. Lee. Barrios. De La Cruz. Botelho
AYFS:
SUPERVISORS:
NOES:
.SUPERVISORS:
ABSENT:
SUPERVISORS:
--(J~
9 ABSTAINING: SUPERVISORS:
--f7~
7 8
10 11
12 13 ATTEST: 14 Clerk ofthe Board
-1}~
By:M,Jf~ Reb Monaco, Vice-01air San Benito County Board of Supervisors APPROVED AS TO LEGAL FORM: Matthew Granger, County Counsel
15 17 18
19 20
21
22 23 24,
25 26
27 28
155
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ATrACHMENTE SPECIAL TERMS GOVERNING THE OPERATION OF THIS LEASE The rights and duties of the parties to this lease are governed by the following additional terms and conditions, which are made a part of this lease: B-1
In addition to the utilities and services requirements stated in paragraph B-5 of Attachment B to this lease, TENANT shall pay all utility expenses incurred on the premises, including but not limited to, TENANT's ratable share of COUNTY's costs for connection to the City of Hollister sewer system.
B-2
In addition to TENANT's obligation to comply with all federal, state, and local laws and rules, as stated in paragraph B-5 of Attachment B to this lease, TENANT shall be responsible for any penalties, fines, or forfeitures imposed by any goverrunental agency as a result of the operation of the farm labor camp.
B-3
In addition to personally fulfilling the insurance requirements stated in paragraphs B-20 through B-22 of Attachment B to this lease, TENANT shall require identical coverage from each contractor, subcontractor or assignee perfonning work under this lease.
E-4
As a condition of the federal Community Development Block Grant funds used for rehabilitation of the premises, TENANT, as a subrecipient of the grantee (COUNTY), shall comply with the state and federal laws and regulations described in Attachment E.4.1 for activities perfonned under this lease.
B-5
As a condition of the State Joe Serna Farm Worker Housing Grant used for constru.ction of the premises, TENANT, as a subrecipient of the grantee (COUNTY), shall comply with the State and federal laws and regulations described in Attachment E.4.2 for activities performed under this lease except for section 12 of Attachment E.4.2, which does not apply to tenant.
159
AT!'ACHMENT E.U SPECIAL TERMS GOVERNING THE OPERATION OF THIS LEASE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUIREMENTS
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anq Regulationsofdescribea below for.theshall ac~vities this ..State ... . _ /..•....... . .,' .,.:..T .l,·:..h. ...! F .:c..~dera.t Laws and a. subrecipicrit' the County, complyperfo~ed with tile under following contraCt: .. ... .. • '. '. . ';: ' . ' .,..' ' .. .~ .. _. ' ., ." : ~. ' . . ( . '1" • '. ~'"~iC,' . 'Cvilipl'Y with tli.e applii:hl>le State and Federal requirements which pertaiD. to, ilOOog ·other things, labor standardS, non-discriminaticin, Americans with Disabilities Act, Equal 'EmploYment OpportunitY, and J;)Tilg-Free W!lrkplace. .
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~~tain at l~ the minimum ~tat~r~d Worker'~ C;o!lipensation~rtIlce for those employees who :will peform the grant ~tivity oc·a.nypa.rt o~it.
3..:' ~tain. if so 'r~ed by law, unempioyment insunnce, disability insurance and liability ; insurance. in an amount to be detemUned by the Staui which is ~easona.ble to compensat; a..), person, firm.' or corporation who may' be injured orilamaged by the conti'actor or my s-':ocontractor .' . . . . in performing the grantactivity or.any pan of it..
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Rt:a.iIl &ll books, r~o~dS, accounts, documentation, ~d all ~ther matedal relevant to the agreement. for a' period of th!'~ (3) years from the date qf termination of the agreement, or three (3),Yeus from'the conclusion or resolutipu of any. and III wdits offitigation re!evut to.the asreer;1~nt or this ~daid agreement and any amen~, wbichever is later. . . ' , . . , ,
Permit the State, Federal government, the Bure4!l of State Audiu.the Deparunem or f.o~ing and Community De~elopment, andlor their- representatives, uPoo.reasonzl:\e . lIoace, unrestricted acces~ to any or all books', records; ac~ount5, documentation, a.nd all ot.'ler !U81eriai rel~ant to 'the agreement the purpose 'of moiutoring. a.uclliing, or . .0~'lerwiSe exan1inins said mareri~. . .. , ' . . .. , . . . , .. . . .., . .' . '. l-i2ndjscritninit]o'n . ' ' .. . ClaUS~ .. : , . ' .. ' . ' : . . l.·. p~rfoimanct of-this ~greemeilt, theC9~ri'aclor ~d its subco~lrac:ors shall no {Unlawfully Oiscrimina.te, h8.raSs or-allow harassment, a'gaii)st any employe: . or ,appUcant for employment hecaus~ of sex, race, .color. an~estr1, r~~gio~ creed, . .natio~ orgiri; physical'disabilitY (including HIV and AIDS)" tni4ical condition (~c;er),:ige, 'mirit?l starus, deoial of·Wni.ly and ~e!!-ica,l cate leave and. denial of pregn!ncy disability leave. ·.The Coritractor its subcontractors shall insure that the 'evaiuaticin tre8IUlentof their employees applicants [o.r employment are free from stich discrimination. and hm.ssment. . . ..' . . T~e C~ntractor'and 'its subcontracto;s shaU coinply with the provisions of the fair . ' Einployment Ho!!Sing Act (Government ~ode, Section 12900 et seq.) 'and the
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appli,cablc regulatiOJ;lS promulgated thereunder (California Code ofRegu1atjons, , Ti~e, 2, Settion.. 7285;0 e~. seq.). The appljcatile reg\llations of the .Fair E~ploYment ,
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and Howirig' Co~sion implementing'Government C~de, 'Section 129'90 (~-f), let forth in Chapter S ofDivison 4 of Title 2 of the California Code of Regulations are incorporated into this agreement by reference and made a part hcrcofas if set rOM ,
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/ tie contiacto~ ~bcOotractors shall give written notice 'of their obligatioDS . under this c;lause to labor organizations with which they have a 1:oUective bargaining .. or other a~eement. ' ,
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b. ,The ContraCt'or an~ its ~ubcontia~ors shall include the nondisc:rimink~o~).nd ~omplianee provi.rioits' of this clause in all subcontracts to perform grant actMties under this agreement. ' "
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Antj-~obbvjng,Cer!lfiCation '
. The ,Contractor sha.U require that ihe larigua.ge of lhis cer:tification be included in all , contncts ¢f subc6ntr~ts e:rtered intO in connection With this grant activitY a!ld that all subrecipients shall c,ertifr.and,disclose accordinglr
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, Tnis certification is a material representation of Cact upon which' reliance was placed ....ten this transaction' was made or .entered into. Submission of this ceniJi.cation is a ,. prerequisite for rri.a.king' o'r emerlng into this transaction imposed by Section 13 52, ,Title J t; 'U.S" Code. ,My pe:-son:who f'aUs file the required ceni1i~ation 'sna.ll be , subject to a ~ivil penalty of not IessthM SIO,()OOandn~ more than Sloo,090 for such
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'~Tne unaersigned Ct;rti5cs, . to " the,best of his ,or her mowledge or beli~f, . .. that: '
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N~' Fede~1!l ~pprOp~ated.funds ha'~e b~~~ paid' oni,.ilf b~ paid, by'or on b~ of
" ',: it, to in¥ 'person for influencing Qr lnempting to influence an,.officer or employee , , , ' 'of any'agency, a. Member of Congress, an
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iIa.irt funds other thaO Federal approprl!ied funds have beenpa.\d,of M!I be paid to any ,person for influencing or attempting to intluel\ce an offi~er or employee of " . Congre~s. or an employee of ~ Memberof Congress ln, connection with'this Federal c'ontraCt, graDt, loan., 0r cooperatiye agteement, it 'liiij complete and submit Standard Form·tLL. "Disclosure Form to ReponLobbying." inaccordarice with its .instruCtions, .. " 162
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.: : a, The Cjvii Rights, HousingyiCommunity DevclQ'pment. and Age Discrimination :". ,Acts Assurances " .' " " . ,
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During the performance of this 'agreement; the ContraPtor assures that no o,tI1~rwi.se . . qulili£ed person sl:!all be c:'C<;lude!. uliseil,on'raee. color, n&tipnal origin, sex, . ;:~!z:,~~;j--; " ,-, :," ;,,~ , . , " age; handlcap. religion, familial 'status. or,religious preference, under any grant ; activity funded by this agreement, as required by Jitl~ VI of the CivillUgh~ Aci of 1974, is amend cd, the Age Oiscriminat1on Act 00975, tbe Fair Hot!Sing Amendment. .Act of 1988, and allimplemcnting "'::i '. . regulations. . ,
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b. Rehabilitation Act of 1973' aJ'ld the .. 504 CQordinatior"
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'Th~ Contrac-..or further agrees 'to implemeni the Rehabilitation Act of 1m, as , i!.inended, and its regulations; 24 CFR Pa,n 8, i,ncludillg but not limited to, for .' Contractor with 15 cir more permanent full or p~.time employees, the loc~ , designation of a. speciiic person charged with. local enforcement 'of this Act, as . the "504 Coordinator, ' . , ': ", " ,' " '
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I) Tn ,antat:tivi;Y to be pert~n)ltd under !his agreement is on a pr . asslstej. A4j~ under a. ogram 'ptoyiding direct Federal weial assistartce the "'P/..'~ Depanmcnt Housing and lirblA i?evelopmem,andjs su . ct to the " ,;; reqUirementS.ot : tion 3 of the Housing and U:rb,~ D ,eloPjJJ ' ,en! £,1963, ~I ,asll.lllcnded, 12~. " 170 l~, , ' , ,. ' ,/I~ ' .
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~ Cor me ns th~ greAteSt,e:ae~! fe~ible ' ,' 'requireiricnt.. oppo~ti,es for tei! ,' ' aemployment' be given lower income Sea;.on 3 sets forth,numeric
residents of the project area and ,co " a . fot work in t:i:mn~ction' with the , 'proje'ct be awarded,to bUsiness ' ncems w. '. located in, I?r owned in 'suO$U1ltial p'a.n; by persons - iding : . . in.the area' 0. ' e project." : ,' ," .
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ement will comply with tl1,e provis :of said Section 3 ,and the regula ' iSsu~ pUJ:suant, thereto py tile Se,creia.ry :eusing arid . Urba4 Dev Plllcut set forth in 2~C~ Pan 13.5; ~d ,all appU , rules and oram the Depanment issued theteunder prior to tbe execution of t' • ~ment. T~e' parnes to this agr~m~nt certify and agree'that they are ocontracrua!'Qr other disabilitY which would prevent them from ~ompying . wi~',these,require'inentS,
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.::o~CtIon J clauses in every contract and ' bcontract for work in COIlll~on YIi~ the grint aCtivity arid ~, at the ,'cUi' ion of the State, take appropriate acnon pursuant to th~' cQntract
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, su6c':l~ , ct upo~ a finding' tha.t the Contractor or any subcontnc 1$ in ' violation 0 . aticins, issued by the Secretary Housing , rb~ . : Deve!opment,l p~ 135 and. will not let any co ct uo1e~ the "~o~actor or sunton ctor haS 6rSt provicfed it wit preliminaly " "stThinent ofa.bi1i~ to'"co , 'with the iectuire IS ofth~se :regulations,
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CompUance With the provisions 0 CU 3.,the regulatiQnsset forth in 24 CFR Part 135. and all a.ppli~le s and order~ thc;Dep8.rtlllcnt isS1,leti , thereunder prio~ 10 the tion of this agreem shall be.a. c~)[ldition of'the FedmI financial 'as' aac~ provided to the gnat act!' ,bindU:g upOn ~c Coatractor, its cc~sors. and assigm~ failure to fi.!lfi.U ' e requirements' I,han subje e ,Coiltl'&Ctor its subcontraCtors, its successors,' assigns to those ~cins sp'ec~,ed by the agre~lnent thi'ollgh,which federal stance is ded, and to such sanctions as are speCified by 24 CFR Pan [3), Alnericans With Disabilities Act (ADA) 0 i 19~O
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. By signing this agreement; the Contractor assures the State that it complies ~ih the Americans with Disabilities As:t (ADA.) of 1990. (42 U. S. C. 12101 et seq,), 'which prohibits .~Crimi.o.ation on the basis of disability. as well as all appUcaQI~ regulations and guidelines issued pursuant to' the, AD A,;
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"on~ct an<,t SUbCO~ t: £~ ofR,equirem~nt ~tive 1J!.; , ';
, cons:truction for . 'j\tUon 1,0 ensure Equal E men,t , '. ' ·ry.cElC~cut.ive Orqcr ,11246), the , .S~dard Equal E :. ent'Ol'porrunrury, Co '. n Contra~ . Spet;ifica . , Th~ Coritra.ctor futth~rmbrea.grees ~o ,insert ropriate'. :. , '~ and.rimeta~les issued by the U.S , qepaitment ()JLapor, in,$U~:Iitc~iCi,s , ,~d ~uPco.ntraCts. ' .., :' , ' ' ,. ' , , ', :
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• acon (4 ',0 C 2 a.27 a·5 ', requires that ~orkers receiv~ no ics! than the prmiling lV~es 0 " ... imilar ~ork in theirlocality, PreY . , _, are 'computed by the Depant,nent of Labor an ," e orm of federal wage decisions for each class'· .: ' wor , The law applies 10 most c, ,» 3.!" ' : rep aU' contracts over S2,ooo, ' 164
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9. , CoMic: oflnteresr oJ Ctmi'n ,Federal Officials . .. , ::'0 member of or delegate'to the C'onwess of chi' t:ruted States. ani! no resici~t c:lminissioner., shall be 2.cr:li~ed to 'MY shue or par: Ot this agreement or to !JW bt::e5t to arise from the simc ', ', . : : ..
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~n~ ~~ntractor S~all '~~~~ real propen;' ~v.~~~~rY ~rds.,":'~Ch cl~arlY' identify ,.",fIt/'
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properties pur~hased. unproved., or sold. ProPet:n~s rewned shall contillUO to me,et eUr.~ility enteria. and sh~1 conform. ~th the ~·cha.nges in us,e"restricticns 5p~cified , i~ 14:CFR PartS 570.503, (b)(S), ~ a.pplicable,
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A'ITACHMENT E.4.2 JOE SERNA FARM WORKER HOUSING GRANT (FWHG) SPECIAL TERMS GOVERNING TIlE OPERATION OF THIS LEASE
GRANT LIEN AND REGULATORY AGREEMENT AND MODIFICATION OF REGULATORY AGREEMENT
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GRANT LIEN AND REGULATORY AGREE~ (RENTAL)
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT JOB SERNA, 1R. PARMWORKBR. HOUSING GRANT PRoGRAM GRANT NUMBER 03 -1'WHG-216 This Grant Lien and Regulatory Agreemeut (1bc "Oamt Lien,,). dated MJV)(, 1!J)J..lB made and eoiel"ed Into by and between !be Dopartmcnt of HouslD8 and CommUDfty DeveIOpJ;l1£ a pubHc SUJtlCY of the State of CaIlfom!a. (the "Stato"). and San Bmlm County (the "Contractor" or "Onmtee'~ for the pllIpOSCS oftbe Slalll PlII'IUWOrker Housing Onmt Pr6gram. In cousideration of a grant in an amount not to exceed _S~I,.),.OOOil!!lol.OOOoll!\l_ _ _ _.awarcled by the State, Coutractor covenants. promisc&. and agrees as follawa: SWiRl
RequlmmMts: (check each applicable 0IlC and compIem deta!Is)
x This Onmt Lien Is enImld into pursuant to Section 50517,$ of the lfe,alth and SiIfdy Code, and has DO special BIatuto1y rcqulmnenfl otbcr dian those set forth fD fhl!t section and RgUIaIions ptOlIl1IIgated thereunder. _This Omnt Lien II C!lfal:d into plll'8IWlt to Section _ _ of the HcaIth and Safely Code and incorporates tho requiremcmts set forth in Section 50517.5 and that SOCIdou, as provided by law; S~al requl:remcmts are set forth in the Special Qmditloos. below. _This Grant Liea Is entered into pUIS\lllnt to Chapter _oftbc StIItUtcS of 20-, and utI1Izes funds appropriated by dial law. subject to the provIslollS Oftbat law. SpcaIa! requjrements are set forth in !be SpccIaJ ConditiollS, below, RECITALS
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A. Contractor Is or is about to becom.e 1M owner of real property (herelnak. "the Property") described in Atw:hment A, which is a1tBch r.d !Iereto III!d IncDl]101'8tcd bereln. Conlraotor bas appUad to the State for and received an award of a srant from tho Farmwmbr Housing Otani Program. ("the Program.'? for rbe ..... _... ' l1P~on. rWbIUJ;A!;I,oJl,.or ~JPaifiqn-orP!>mblAllliW1 ~,,:,~~.~I. o~ ofaJI!!lta!
·"··.·.,j{·':::~~:{~·:·~tl:?~lii~~t.n ~L:.';fi:_:S~:tf·* ~.:£tiQ~£',' . t:.~ .±~.:e~h!~,'.~;, ~~ .~~ .~b:t';~~ '.:tr.~. : :.
inoorporatad herein. Tho Property shall be 1mprovod with the DlIIlIbcr of reaidential rental units identified in Attaobmont B (tho "Dovolopm.ent"); 1110 Atrsisted Units ofwllich are to be occupied by lowm: and very low iIwo.me filllnworker housebold8, as thoso tcIms are de5ned by 1110 Program. statutes aod regulations: all other .hDpnwom.cnts DOW or here. erected on 1110 Property shall be deemed to be aDd remIIin a part of tho Dovo1opment I11III c:overed by tbi.s Grant Lien. In addition, all oasomonIlI: rights; appurtelUlllCeS; rents; to)'IItlas; m.lneral, oil, I!IId SIB righ:Is and prOfits; all personal Jll'OPCII'IY related to the operat\oD. of the Propetl1 as a renta1 lIDusing dovolopnlmt which are not fixtures; and all fixtureI now or horea&t attaohcd to the Property, all ofwhich, Including replacements and additions thereto. shall be deemed to be aDd zemain part of the Development covered by this Grant Lien. B. The State has oonditiolllllly awarded aDd agreed to provldo said jI'IIIlt under the Program pw8WIllt to Chapte.!' 3.2 (commencing with Section 50511.5) ofPIIrI2 of Division 31 oftheHeaith andSsfetyCo~ dJo regulatlollB adopted th=under at TItle 25, CalifomIa Codo of Regulations, Part 2, Chapter 7, Subchapter :3 (commoncins with Section 7200) (the "Progrem Regulatious"); iIlld any other lIUIhorities cited In tile Statldard Agreement idcn1ifl.ed below. As required by the Progrlilll statutes 8Ild regulations, CoDb:)II:tor and the State have entered InIlI the Staadard Agreement, and ame.adm.IV1ts thIlreto, rcpdIng the Development and goYtIlIIiDa the tr4tDS aDd oondiDonB of 1110 Prognm srant (Iho "Siandard Agreement"), as identified In AIfachmont B. Also as required by the Program IIfatUW8 and regulations and In addition to dJo SIID1dard .AgrceIneJlt. Comraotor has executed or will exeoutc such other doowneIlts and instrumeDIs an the Slate may roasonab1y require lnoludIDg but DOt Ilm.itcd to a Devolopmcnt Agreentent, ifapplioabIet, and additional Omot Llens. '£.be Samdard Agreem.ent, this Grant Lion, and the other State ilocumcn~ tefemd to above are co1loctivoly refta.ed to herein as the "Clmnt DOClItI1CIlCII. "
C. As tbtthor consideration for the Program gnmt lIIIIlin tbttheranco of the pwposes of tho Propm. Contractor has agreed to enter into this Onmt Lien. The purpose ofdIJs. Orant Uon Is to regII!ate 8IId tmtIct the acquisltlo.n and cIeve1opme.tlf, and su~ OIlCUJlIUIC)', rents, operation, ownersbip and mma,ge.aumt of tho Development in compliance with the requiremm of the Proglilill; and to secure for the State the performanco of the covonan~ and agieelnonw of CODIractor horeIn IlIWiIlned and any other obliga1ioDS or indebtedness of Conlractor DOW or horea&t cm!IIld. •
D. Conlxactor COVCDBllts that Contractor Is or will be iaw1iIUy seised oftha estate m.ade subjoct to this Gmnt Lien. 8Ild has the rIsht to grant and convey this Grant Lion, and that CoD1ractor will WIIl'hUlt and defeod generally the titlo of tho Property and Development against all clalms and lfettumds, aubject to my Ile.ns, OIlCUIllbranccs, decJatatiODS, oasemen1s, or restrictions IisIed OIl a schedule of mteeptlons to oOVOlagO in 8D)' title inBwarIco poliO)' IICCq)tcd by 1110 State inswing Stato's intorcst hi the Development.
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E.
'Ibis Grant Uen
8e01U'CS
obligations fur
SUIIlS
III addition to. tho Grant Funds, includIDg such additiODll!
sums, with in~st the:con:
(1) As may hereafter be bolTowed from tho State or ~ by the Slate to Contraotcr or tho thon·
~·,:.:;":':.;;S;~ :~~;?~.,'?f,~f.'i'OP.~~·Clo"~ ~;a4d,ltloo=! :~~~~.~~,;:t;f::I:,~~~' ',' .' (2) As may hereafter bI' incwred, paid, or advanced by State, or as may otherwise be due to State, under any provision of the Orant Documents IIDd any mod!iicafioa, oxtcI'IBion, or l'ClICWal of tho ClraIIt
Dooumen1B; and·, (3) As may otherwise be paid or advanced by State to protect tho soourity or priority of thls Grant
Lien.
F. Reprosentationsand WIllTIIIIIics. ContlaClorrilpresonti 8IId ~to,thoSIllte as fullows: (a)
OqpmlmtiM. Contractor iI duly otpnized, valldly exIstiDs and in good standlDg under tho !aWl oltho Slate of California and bas tho power and adIorlty to own its property and cmy on its business as IlDW beina conducted. The copies of the documents evide!lcIDg the organlzaliOD of Contractor dolive.red to the State IlI'O true, campi=, and correct copJes of the orijpDals, as amended to the date oftbls Grant Lien.
(b)
Antbnril1 of Cnntrec:!nr. CoIlfractor bas MI power IIIId authority to execufO and deliver thls Grant Lieu, the athOl' Grant Documeats and all dOCUlllllll18' or InstmmcDIs cxeouIed and dolivemI, or to be? executed and delivered, pursuant to the Grant Documen1s. and to per:{bf!ll and obserYe tho terms and pJOVlsIoas of all oftile above. .
(c)
' n t b . of J>ersons Bxcmrting Docnmcmls The Grant D<>cummts and all doc"!!'. or !nstruments excculcd and delivered, or to be exocuted and delivered, pur8II8Ilt to the Clrant Uen, .hew been exeo1I1M and doIiWlCd by persons 'I'IiIo IlI'O duly authorized to exeetlto and deliver the same fur IIIld 011 behalf of Co.otmctor, and a11l1Dtions roqu.bed under ConImctor's organintiODBl documcats and applIcable governing law fur the auIhorlzatioa, 0XCCIIII0a, deliveIY and perf'onnance of dUs Orant LIeu, 1he other Grant Docummts and all cIocttmcnts Of lnsIruments execu1ed and delivered, or to be ~ and delivered, ptII'SUIIIIt to thls Grant Uea, haw been duly 1alren.
(d)
Valid Binding Agrecmcmls The Grant PooumenIs IIIId all documeIIts or insI.rvzD,ents CKeCUtcd and doliWlCd pIIIIIWlt to or in C01IMCtion wiIb thit Grant Lion ooDStitute or, If not yet executed or delIveted, will whon SO executed and dellvcrcd oonstItutc. lesaJ, va1lcI and binding obligatioas of Contractor enfbnleablo against it in IIIlCOnianoo wifb their respeodve
terms.
3
169
(0)
· ..
,~
..
~ ."'.
(1)
No Breach ofT ftW or Agrmmcnt , None ofthc oxeCll1lon or doIlvery orthcClrllntDo~ or of any documeDt or instrument executed and dollvered, or to be executed or dellverccl, pursuant to ibis Orant Lien, or the pedbllllllllCO of any provision. conclitlon. cOVl!DllDt or other b:IJ:m hereof or thcreo£ will COIIflli:t with or mull in • breacI;I of any S1atuto, I'1I1c or Rlgu1ation.
~ ,=wj~e:nt-,I!~ ~ ~~ of ~ QQll.."I._~1I;'d. ~ ~_ ~ "'~ .. inlKiiri; ilft' tillli::iirliiUr or iIni 'pi6risian of t&' ~ 'dou\lllltuii 01 i:.cmwlit, -wlli' confllct with or constitute a bn:ach of or a c10fault UIIIIer any qreemcnt to which ContnlCtor is a party, or will result in tho creation or Impolition of any lien upon 811)' assets or property of Contractor, other 1han Iieas IIJIPlOVed by the State. -
CnmpliMm with Jaws; Consents and Approvals Tb6 Development will comply with all applicable Jaws, ordinances, ruJca and regulations of fedcm1, state IIIld looal aovcmments IIIld agencies haviDa: jurisdiction over either the Contmetor, the Property or tho Devolopmont and with all appHcablo dlrectiollS, rules and regldatjcms of tho lire DJIII'8baI, health offiCer, bullding inspector IIIId other officers of 811)' such govemmctJt or agency. Except as dlsclosed in writing to State, all permits, consents, pomUssions and JiceIIses requlrccl by any federal, staf8 or local government or IIieDCY to which Contractor, tho Property or tho Development is BUbjcct. which may be neceSSIllj' in relation to this Orant Lion or tho acqulr.ltiDJl, development, consIrUCtioll, own=rshlp, salo or operation of tho Development or IDIits therein, al or prior to, the comJXICDCCIIlent of COIIIIInletion have been obtained, and none of such conseots, pcrmlssiODll aDd Uoenses arc: subject to appeal or to conditiollll which have not been met.
(g)
I!!l!!ding Proceedings. Con1mctor is not In de.ftwlt under 1lIIY Jawor regullllions or 1IIldor any order of any court, board, commissL,1l or aienoY Whatsoever, and 1bcre 11m no claims; actions, suits or pnx:ecd.inp pencIlnJ or, to tho knowl.eclao of Con1mctor, thI....t'fled ep.!nst or ad'ccting Contractor, tho P.roperty or the Development, at law or In equity, betbroor by any 'court, board, oommlsslon or apoy w!Iatsoever which might, if detonniDed acIVerso1y to Contnlotor, materlally aflifct Contractor's ability to acquire, construot, dcvoJop, or ope.tato tbo Development, or impair the security to be given to tho Stldo )lIInIUalIthereto.
(h)
Title; to Propeq . Upon recordation of tho Orant Lien, Contractor will have good and marltotablc title to the Property or a leasehold interest tb.ere.In approved by Ibe State IIIld there shall exist the:eoll or with respect thereto no 1DOtIpge, Iiea; pledp or ok cmcumbrince of 811)' character wbatsoewr other than Heas for cumnt mil properlY taxes 1114 isses nleats DOt yet due and payable IlDClliens ill. filvor of tho ConIractor or approved in writing by tho SlaIo.
(I)
FinanclaJ SUfcmJMts Tho financial stafements of CnnIracIDr and l1li1 ~ parIIIOr of Contraotor IIIld o1ber financial data IIIld information 1\Jmlshcd by Cnnlraotor to the State fldrIy preseDt tho infurmation contained tboroln. As of1he date 'of this Clrant L!Il!I, thCll'O bas not been any acIverae, IDJIIerial cIIaD&e In tho financial COlldftlon of Col:I1ractor or any genmaJ partner of Contractor &0lil tluLt shown by such finapclal lfatements and ofbcr data I11III infonnation.
4
170
A Mpmqt of Orant The amount of the Omnt, together with any funds to be provided by the ContrIIOIor or to the COntraotor ftom ~ other sources, Is adcquato to P'Y all costs iIII:tlmd in oonnectlon with the acqulsition or groUlld lease of tho Property and the ooDStruction aDd .. . ,. •~~Of,~_~~!O~I~~r_~.:t~:~ ,~~;t~ ,_ "1 -. - _. " .........._ .... . ' . ' "" "'..." .....: "",-.,,_. •.• ... ,- . .
. . • ~""" ", " , : '.r. '~~-, .. ' "'•. ·:: 'ij'f.:~.IIi·~,~11;~r.~'1O-""~'''''''''''''''"' ~' ·]''''1;1.';'''-'''~~':::.''~~~"'~~."'ii11; . ,"
~
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' ",,~ . . ~.~~J".'f.o"'!t"".~'... . '~~ ,' ,.'
ol!.arts In AthJc:bment C of the Development Aptnent II1'II the anticipated oosI8 of acquiriDg, conaCtuctin& developing and tenling-up or so1Iing 1hc Devolopmcmt or UDi!B dImin. . 'Pa}anmi orxucs AIl federal, Alto, COIIDty and DIIIIIklPal1axes requfml10 be paid by tho ContraclDr or on account of tho Property due and payable as of the date of this GtIIIi LieD. have been paid in full as of such date.
(It)
(I)
A';"U ..hUlQ!
of I!tjHtj.,. All utiIiIIes DeOeISIII)' for the dlMlopmeot and
occ:up8IlC)'
of the
DewloPmont arc aVIIiIab.Ie at or within the bonndadcs Of the Property IDCf allillep -BIllY
to aSsure that such utility servlce. will be available upon oomplction of the Deveiopmcal bave been taIc.en.
elJi)
Rcp=tltlnn of Rep'" ,,'allons The ReprcseIIIa1ions aDd WIIII'1IIItics made in this parappb shall also be deemed to be IIWIe de DO1/!) on tho cIafo Cantmctor signs tbo Dcvelopmem Agreement, and shall be true and correct as Ifmade on that date.
NOW, THBRBFORE. tbo parties hereto agree 88 lbIlows: 1.
Rml' The furegofaar recital.;ContalCM'. appIlcaliOD paclcueo as approved b1 tho Slate. 8Il4 the other Orant DCIC1III!CIII8 arc a part oftbis Otant Uea as though set tb!:th in fiiIL
2.
Empcif 11
3.
Dc:finltlnns Un10sa tbo CUD%tlAt requbs otherwise, or the t4m.1111'11 deBaed ha1Iin, the teJms used in 1hese Grant DocumentrJ sbalI be governed by the defiDitions .. fo.tth in tbo Program 8IatUteS and rogu\aUons. AIl references to seetIons l\!fcr to 1fIo l'JO&ram RquIatIona. uoIcss ~ 1lOted.
Tho Devolopmem will bo logated on the rca1 property Ibaribcd in Affnrhmcnt A
The fuIlowiDg teI:mJ sbalI have the rc:spc:ctive meanIlIgs assigrwl to them In this p!InIgl'II(D unless the oontaXt ill which they ltV used c:IwIy tequila odltrwile:
a.
"Agrieu1tura1 honsehDld" or ''fiumWOlbr housobold" is ODO or II10R 1n!ClrdapoDdeot persons who live togcith«. one of whom dmvcs or prior to rcdromCDt or dlsability derived a subs1IuUia1 portion of b1s or bee inI:omo from agricultura1 CDlploymant as dc&od in Seetion 1140.4 ofthc Labor Co@.
b.
•AssIsted Units" !'De8I1B UDitB subject to this Grant LIen which IIIlI, or II1'II Intended 10 be, occupied by lower income or va)' low inoolDO flmlworkcr Iiooaebolds.
o.
"FiBCll! Ycar" 1b:r tho Dovelopmmt sbalIlIlCIII the annual P=iocI c:olllttlCIlCing and coucIwliIl8 on the dates Identified In Aft!!obmmt B
s
171
-:
-- - .-.-. -
d.
. ,~~' ~ :'
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h
------ -- - ---- - ---.-....
........... . ".
b.
c.
"'-';:
n.:-~-"-"'- ",.~"."",; .
S.
. ... -...
-.---~.
..
.
Contractor agRICS that at all times its actions regarding tho Dcvolop.mo.nt and the IISO offunds provided under the Standard Agreement and Development Apcmc!It, if applicable, ahall be in oon1bnnlty with all roqulremantJ of tho Program incIudiDa the Gnlut Application as approved by the Stale, tho requlremoDla of the Grant DOCUIIIOI1II, abo abovC>-ll:fmencccf statutes, tho PlQsram Regulations and the policies and procodurcs of tho Slato pc:rlBinlog tbeze1o. Any IDcome eamed with Program funds (includinS intetcst received u a IQll/t of deposit of tho Omnt tImda, or proc:ecdI received u a result of tho salo of tho l'tope:ty purchased wllh 0mDt ftmds ifnot developed ]lIII1U8IIt to tho Grant Docn m"'l18) ahalI be uaec1 for the pwposes of the Program, BUbjm III prior writllm approval of tho SfIUe. m the CM:Dt 1bat tho DoveIopment does II9t proceed III oomplctlon, Con!raclor apes !bat anY profits accruing from the sale, assignment, or other transiI:r of any option or othor 00DtnIct rights.or real ~ purchased with fImda provided pursuant to this Orant Lica, sba1I be tho property of the State. To tho elCtalt that such opIiOll, contraI:t rigilt3, or mil property is purobased with Alnd& other than Prosram tiIDds, the State ahalI 8Iuu:e la tho pro1lt$ In PIi~:tiOD to its COIlIributJoa. Any suah iI:Icome not lued for J>IUPOBCS approwd by tho State withm. a limo ftamc deemed acceplBblc by tho S1IItcI sbaIl be returned III die Slate Immodlatdy unIes& a dit.Ii:ret¢ time . ftame is esUlblllhed by . tho State. Coatractor aclaIowledgea that It .is limI1iar with tho IIbcrYe-rcfmuoed Propm rcqninmen" and bas IICI:CSS to pcutbsloaalldv!ce III tho CIldI:IIt UCCIIIlIII)' to cuabIe the ContracCor to lWly comply with tbo PrOgram rcqulremeats. CoaIIactur: speo!fically ooveaantl to ~.al its obHgatlons under tho Standa!d Agrcc:rnIm.t, the Development Agroemeat if anY. and fhis .
OmDtLi~
d.
~
"Net Ca$b Plow" sbaIl mean Operating Income of tho DoVclopmcut less tho 1IlI1OOII1I paid thcreftom. as el!owod In olauses (I) through (6) of subparagraph b. ofPatagraph 23 horeo£
~·.,:~(..;~._-:,!j.;}~W~~ .....,~~&-~~ifl;.
a.
.. ,.
The tbrm aDd SUbslaDcCl of all documcats. InstrumenIs and funus of ovIdeDcc to be dcllve.tCld to tho S~ 1IIIde.r !fie tams of any of tho Onrnt Docwnants, iDelud.fnB but DOt limited 10, tho Plans and Spoc:ifIcatiODS and tho doonnllllts CIVidenoIns or seouriIIg tho BOWIlCS of funds specified In tbe DevdqpJllQlt Agrcemart, If applicable, shall be subject to the State's approval aDd ahalI aot be modl1icd, supmc:ded, or terminlltOd In any rcspcc:t without the State's pri01' writte.n approval.
TfmI of Onmt Tl.... This Orant LICID ahall roDI'""'IQO on tho date set fbrth Ibove IIIId n:main in fUll forte .1IIId c6'cet aDd sball apply to tho Dm:lopmcat Ihroush and iIIcludlDa tile date lICIt 1brtb. In Attarhment B, regardless of lID)' prepIl)'IIHII!t of the Program grant, or 81110, as
6
172
.. -.... -.....
-~
-
... .... . ..
-.~-.--
--_ .. _ .'
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" 6.
1
Cndo SecuriIJ
AgrrnnMrtI Financing Statemm1f and Efthim mling 'Ibis Gnmt LiCIII " a securl~ ~ and financing SlataJlcat UIldcr the Un!ilmn Commercial Code fur the bencdit of Slate 85 IIe01II'Od party fur my of tho items spea.!fied abow 85 pert of tho Property which, undo: appIIeable law, may be sulUecI to a aeourIty Iutmst punu&I1t to tho tJa!lmn Ilnlfimn Camm".,,',1
. - ,' ...... .....- ._.~al .C:::oAA.OIld. CimtraI:tm: f.."~'~ ~~.~ d1O.M C'H9~ ~ ~ ,~ty, :'?'"" <' 7.·.\':· ···: '·:: ~li'i£iiio~ lit. _~~~ ·~&.!ltH::.'!l>.-1t{l':t' ~1:if~!::'l'~.;.,.,,:Di=m':it';~:~;~ , .o; are or are to beoolllD tixturos. T.bc address of tho prineipal place ofbuslncss of State (aecumd party) from which fnfol'llUlticm QOi:ICeI'IliDs tbD sccurlty Interest may be obtaiaod IJIId tbD ma!!lnglUldrcaa of COIIInIOtbr (debtor) are sot tbrth in 1hIa
PIoparty. In eddi1ioa, Coatraclor apes to cxccuie and deIivcc to State, l1pon the State'. request, l1li7 flnancing sllllemcnts, as as ClttAmBiOIll, I'CI!IC!waIs and amendments thetco1:BDCl I'C(ll'OduotiaI of this inJtnImeIJt in IIIIch f<>tm 85 the State may requhe to perfeCt a security iIUeRst with respect to said Items. ConiractXir shall pay all com of _ such flnmclna 1IIItom0lltl and any CIXIoIItdOllB, mDCWals, amMdmmtl, and rel_ tIuJrcot; ADd abaIl pay an raasODablo costs and expenses of lUI}' .record 'seatdIcs for financlug ItatelllClita, and rel_ ~ is the Slate may reasombly require. Without the priOr written consent of tho S1IID, Conttactor shaII /lOt mate or iu.ffet to be created punllllD1 to the Unltbzm Commetcial Code or any other security Interest in said Items, IachlllinS replaMJllelrt!lIllld additions the:eto. except II! otherwise expressly permitted by State.
wen
)
UPOIl a brcuah or 1l:a'mitlDtl0ll85 ptOVIded In tbiJ CJmoI AplomOllt, S1ate shaII &avo the fl:ll:l!'l!ies oC a sooured party 1IIIder tba UIIifbnn Commercial Code III1d, " !Ita 81afe's opdoD; may also In~ tho other remedies pwvidcd !II this Onmt Lien and the othc:.r.OnIIIt Doc:wnenIs all ~ sucb IIeIIls. rn excmsillj any of said 1'CIIItXIies, tho Stale may p.rooood apinst the items of Ml ptope..ti and any ittms of persoD&! ploJlO!t1 specified above as part of the PlojJctty or Development sopatdy or toSetber IlIld ill IDf order whlllsoeva', wlthout In 1lIIY way atfcctiIIg Ihc avallabillty of tho 8tatD'B riahb or remedies UDder the UDif'onn Commercial Code or any of thc other Il:Il"eoiies provlded In !his Onnt Lieu, !II the Onnt Dooum.cDts, or by law.
ContracIor agm:s that the fi!iDg of any finawng statement in the reoords J!OID!a11y having to do with poIIIQD&! property shallllOt 110 collSlXUed as othelwIIe darogalins froll! or impa!riDs this Chant LicII and the intcrWM of the parties bereto tbat those portioDs of tho DcvelopaICu;t _!II declared a part of the Ml esIatc are, and at all times IIIId fur all purposes and In all proceedfngs both lop! or oquJ1Ib1e shall be, regarded as part of the real esIIte imspccIlvo of whothcr any such Ilom is physically attached to the improvements or any such item is referred to or reflected !II lUI}' such finandJ!g ""meat 110 flied at any tlIIID.
7
173
Shnilarly. the mention In any auch fInanclns statement of (a) compensation fbr dlUllllJO 10 or dostnIclion of 1ho Development by Insured casualty. or (b) lIllY judamont, awmd, or other colllpCllBlltion fur a taIdng oft.be ~1opmeIit by emInclIt domain; or (c) tho nmIs, royaItIoB.lmIcs, ". : .,·:-:~ib~~~~}Z~~r=*~I==· ~~:'t(·i~; ~int U~·~· ~ort"'!ny .~ciocWD_~ ·mcntkm. iii~' .. ~~~ . .
• r; .."'
.
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.
.
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"
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statement is dccland 10 be fbr tho protection of the State In the ovent that lIllY court or Judso ahall at a.uy time bold wi1b respect to (a). (b). or (0) of this par88lIIPh that notice of the State'l prIotity of IaIomt to be cfliIctivo apIost • parlicular elw of pct!Ioo, lnaIudiDg witbaat lhultalIOIl t.be ll:dcral goVCtDment Dr any lubdivillon or eirtity thereof; must be filed IS provided fbr In the Uoiform ColJllDal'Oial Codo.
7.
Assistrd TTnlg
a.
For the tbII limn of thls Grant LieD, ContracIor sbaIl provide fbr eIlgi'bJc liImIworlccr households within the ~lopllXllf, tho number. IypO aad m of Lower Ii1como AJsisted Units and Vt:cy Low Income Assisted Ullila set fbrth In AtIarbm m1 B
b.
Ass/st.:d Units sball not cII1fcr substmtIally In size or ameaity IewI A-om N~ UIIitI within the DevelopmClllt with the same III1!Dber of bedrooms, and Lower Womo tJnlls sbaIl not di1fc:l' BUbstantiaIIy &om V«r Low-hIcomc Units. Assisted Units shaI1 not be sosregaI li'oJn NonassIsted UDits, aQd Very Low-lnoomo AaaIsted Units sballllOt be segresated &om Lower Income AssIsted Units. WithlD tbe8e Iimita, aad llubjcct to tbe ~ of BUbpar:apph (a) abow, Contractor may IiImF the desisnodon of a pjIIfic:ular IIIlit 1iom Assisted Unit to Non·ss~ Unit, or Lower J'ncome Afilsted Unit to V-rzy r.ow·IIlComo Assisted Unit, aod vice vma. over time.
Co
Upon tho lnItIaI oecupancy of the fim Assisted Unit by an ollgiblo liumworker hDusdlold, which date IbaJl be not latt:r than tho date set fbrth In 41tl1cbmont B, CoamIctDr shall seud wriucn IIOtice oftbat da1e to the State.
8
174
"
," ' .
9.
Dot
sIBtus.
Non.J)isr:rjmjnatjm Except for 1180 of tarmlYOlbr Conflaotor sbaII ilisrtimjna1.. ipIDst all)' prospecIivo or curmDt housebold on tbc biIsIa of raco, rcIigIOII, a, ego, disability, marital sfatuB,
nor any other arbltrmy factor In violation of any 1IIate, federal or local law goYtIrIllIIg cIlsc:zimIDadon
.
m~Woo~
DIIriDs tbc por1bmlaDce under tho 0tIIIIt Dooumcnts. Coutxaotor UId i1s s~r:ton sball DOt UDIawtblly cIi.sc:rinIiD&P IIgIIinst lUI)' cmpIoyeo or appl1caDt for employmem because of raco, rellgiOD, 'color,lIIdional origin, 1IIIDCSIIy, physIcaIlvmdkap, mccIical coDditl~ mari1IIllIatus, age (over4{)) or sox. ConlrBc(ors md 5IIbcolllraClDls shall iIISIJI'O tbIIt the ~WlliIlD IIOd treatment cflheir employees and appliCIIIIIS h emplO)'Dlell1 are tms ofsuch discrimlnatlort Ccmtmctors and rubcouIrIcIOti sball oomply with tho provisioll80f the Flir .BmploymoIIt IUId Housing Act «lovo ,,,,''''It Code, section 12900, r:t seq) and the applicable regulations pI'OumlgalCCi tberouoder (Califbmia Codc of R.oguIatIons, title 2, section 72BS.O.. lUCQ.). The IIpP,licable resuJatioIIs of the Fait Bmpl~ and HousinS Commission implCllllCllltiag Oovcmmant Code, section 12990, sat forth in Cbaptllr , of Division 4 of Tltlo 2 of the CIIifumIa Codo of RogWatiOJlB m lmlorporated iDfo tho ar.ut Doaments by referaIco IUId made II part bereof as Jt sot lbrth In filIL Comractnr and i1s ~ IbaIl give 'Wdtteo noti~ oftbdr obligations tmder tbIJ clause to labor 01pIIiza1ions with whidl they have a collective barpInina or 0Ch0r ~
Contractor shall iI1oIudo the nondiscrimlDatlOD and oomplianoo provisions of this clause In all subcon1nlctJ 10 perlbrm WOIX UDder the Grant Documents. 9
175
)0 Rental Agreement and Occ"panqr Procedures.
10.
Each eligible filrmworker household sclecU:d to occupy an Assisted Unit In the Dcvo.lopme:at shall 0Dter Into a wri\tc:ll reata1 or occupanor qr:eemont with ~. 1ho tbnn of which
a. :';::._~::'~;~£,;~~.':"'" ".:.
:,'.' ~.:i.;: . . ~ ".: ~·~~t1.:1f~ ~~~·~~·}.f t:if;,·~~:;. ~~r:~~~~~. fi'sh~;;'ifii.i~;if:f:::;:~ ~i ~~ ':." Prognuu Rc&uJa!ioas and ~ couslsteDt with State law. Such a rental ag!CCIIIOIIt shall provide for good cause eviction and epJ.iopd~ appeal and grieVlll!ce prooadures.
Contractor may cstabllsb BOd lmposo reusonablo niles of conduct and 0CCIIpIIIIC'y. Such ralcs shall be coDSistent with State law and IIball not lflBt!aauish"or
b.
Renta.
11.
a.
Con1ractor sball charge rents for Assisted UnIts In accordance with tho terms of the Rent Schedule set tbrth in Attachment B After the 1Di1ial)'ClU'. ConIraotot may mcr=JC rcaJIB tbr Assisted Unilll only ~ and 0Dly as provicledhercln.
b.
CouIzactor sbaII request approval for ront iDcreaBes In writing at least 90 driys )X'ior to tho end of the fiscal year fur the Devcloplllont and as part of the 8IIIlIIaI opemtlna budget submlttcd purstI8IIt to Parasmph 18 hcrco£ Provided tbat the State dotamines that Coatmotor is Infull QOIII.PJianco with all prQVisfons of this 0ra0I LiCII and wtth the procedures ~ zequirementB of othcr"1\mdh:,g eIUidcs, that Con1ractor's nIq\ICSt is Ia fuI1 conlbanance with 1bfs parasreph; and that tho IIInOIID1 of tho rent inct't!asc requested la in COIIlpIiance with SubJll"'llll'lllh c. of this JIII1'88l'IPh, State sluIlInot dctty apJ.ioval of CoIltraetot81'11qUCSt. The Slate sbaIJ aot 011 a request for a %eDtlacreaso within 90 da)'J Iiom. doDWllellklCl!\loeip( of tho ~ Iftbe State tlIUs to approve or dCIIy a request for a reat increase within that 90 days, thc llIIt lDcroaso shaI1 be deemed approved. The State may ciCIly a zequcst for a %eDt increase on the groII!Ids that it contalDa inadequale Information or that It is InCOllBlJtaat with or 00IlInUy to this J!III'IlP'IPh or the PItIsnun hgulations. Any allowable rent !iJ«ease not iJDPIemonted by Contractor In 1lIIY !liven year III&y not be aooumuJatcd fur implCJneQtatiol1in subsequent years.
d.
A&r the IDidal opcratiDs ~. 1ho rents fur Assisted UDiI8 sIuII.I be adjustccIln IIOCOI'daIKle with the standards set furtb in Attadnnmt B, Ifrent increases are based on fixed SIaDdards.
B.
If n:nts In Assisled Unila arII based in whole or In part on tile fisoal integrity of the Development. Confnlctor !Day IIppIy flo tho State fur a rent htcrease and the StaU: rbaIl grant such fDctase If the Contractor oan deznonstrate, to the State's sattsfIla!ion, that tho Iuoreasc is IICCClISBry fA) defray fteCOSSIU'Y and _able opcratiDg COBII lit IIIIIInmIn fiacal intogrilJ and, If appropriate, to pay for llliusua] or ur.fOlcseeahle iIIcI'eascIln costs relided to the Asslsfed Uni1B. 10
176
\.
\\ Proposed rent Increases shall be included In tho proposed annual opetaIfDa budget, provided that tho State may dony lID application wbete it deterDIlnes !bat IdditIOIlaI iofurmatloo Dr data is required to evaluate tho necossity oflUllb aclditioaa1lnc:roase. Comract.or may not rocoivo a Rlnt increase for tho AuIsI=d Un!tI on the grounc1I that lI.acaI IntesritY Is tIueateiwd by a
•. :,; .~.~.' ~!:~. ,. . :. ·;·::;:,:····:·:~tf.·~~naJ~'?~i£=J:t: ~~_~I~~~, at1rlbutablo to opei1IIing costs which tho State detmniDes aze not nocessm:y or retlMDabJo. £
Where tho Assisted Units me reot rcsIrlotcd as a condition of Ihc fcdcIal or sQI:e low iacomc housing tax cn:dIt prognun or otbcr local, sIa1II or twc:a1 reot subslcly programs, tho lni1iaI lQlt fol ....sIs!M UniIB and subaequeIIt rent Increaaes sbaIIllo tho loWer oftlroso jIOijiiftled UIIder tho preccdlng PIll'B8l8Phs. or tboac pc:nnitted onder ihc applicable fIX credit or other mit subsidyprogmms.
J.
Por 1lIIY rent tncreasc pUrSUII!1t t!' subparagraph e. ~ve cOlIImcltOr ~ ~ with tho submittal of tho appllcatioiJ, .dellver to the household of caoh AlsiItCd Unit a notb of the appUcation 1br rent inctoue and tho rc88OIl8 therc1bre. Contractors appIlclldon shall ceni!Y !bat BUCb JIOIlc:a have been delivered. Prlor to tho limo l1li1 rcnt lnaasso fa aJl'octiw. Contiactor shall DDIify ~ affected 1aIant, in writIDa of !he IIVIIiIability of infurmal mooting;l with Col1laictor to nMow tho proposocl reot Incrcaso. Upon request by l1li1 UiIIIIDt oooupyIns an AssIsted Unit, CoDlrlCtor sha1l provide to each housohold the InfomIation submiUOd to tho Stale pursuant to this pazapph.
h.
Wl1h respect to lID,)' rent ~ pur8U8IIt 16 tbls .JlIII:88l'IPh. Stato IlJ!IY deay an iDcmIse or rcquiro rent redactions basecI on the "lXiBIeDce of gross cash flow In _ of that zequlRd fur . project feaslbflity .w a rcuooablo rctum 00 iznoesonmt Suc!1 elI:ces8 cash Bow IlIA)' rc8IIIt 1tom 1ictars IIUclI Q 1\80 o.f other subsldles or ,..,ffnancl'lg with boIC1W-1J1111bt latctoIt-mtc finaDclng.
12.
13.
!)rgllril1 Deposits Security deposits sball be reqclrod of teoaDts ocly In accxrdaDco with appllcablc law and thIJ Onmt Llca. . Ally secuJty deposits collected by Con1racIor or Coatraotoz'.1Iplt shall be kept 80pIUlIIe and apart ftom all othc:r tiIIIds of the Development In a trust IICCOUIIt wftb a depository lnsurcd by au 8pDC1 of tho 1idenII govmunoat or a comparable tede:mI deposit iDswIIDco progIIIID. and shall be bcld and dlsbu!1cd In acconIadce with CaIlfomia Isw. Tho balanco of IIIKlh account sball at all tiDies equal or exct:ed tho lIggtepto of all 0IIbtandillg obllgadona undcIr sald IICCQUIlt, plus IIIlCl'Ued interest thereon. Certiflcetlon orTman! Emp1npll:mt.
a.
Inmmn end Hmlsobn'd Sjze
The empJoymcat, incomo IIId bousehold size of aU households occupying AuIIIed UnIts shall be certifiod by Coufnofor prior to 00CIIpIIIlCY and raccrtIfied anmwUy thereatlIIr In tbB IIlIII!MI' apeolfiod in tho DevolopDlelll's approved Matlag\\!IIeDI P1an.
11
177
)
178
1'1--'" b.
... . ...
~ ~ -~
.:, :., '·. ~..:~.t;: ~l ;··~
If, upon recertification, tho emp1oymeot of a household ls not ~ with Propm requlrelllOlll$ or the incomo of II housobolcl cxccodl the uppor Ilmit for lower Income householcls. Conlral:lor sbaIl tezmin.~ tho household'. te:IIaI;Icy effi:ctIve six months 1iom ~ date of employment or income reccrtitioalloa. ConlrscCor shall cIeIIwr wrillan nodco of tho
):, ... · :~;~~~J!~;~tii~:1i=~j,!:~~:~t:t;r.=
subject to tmnlnetiOD p1II'IIII8Dt to thb paragraph sbaI.I have the rlgbt of 1int retUsaI tbr any NOIWlsisted Unit of a size 00DSisteDt with custOllllllY tenant occupllDCY a1aDdards. 'lbIa rIgbt IIhaI1 begin upon rcccrtif)t:4tion and shall ~ upon ftm!nalion of tho tcnant'slcaso of tho AssI.stod Unit. Tenancies sbaI1 not be tcrmh",tcd in the foJIow!ng circmnstl!Does;
(1)
If the housebolcl providos sufticlcot, addidonal evidcDc" of asricultUral employmont ancllDcome cligiblllty to Contractor prior to the explnrtion of tho sIx-mouib period following reccrti1fcation.tbe household's 1raaDI:Y shall ~ be I!:trajootcd, . ,
(2)
c.
,
If, prior to the e.1Ipiration of !be six-month period followina ~catI00, the household's unit may be reolassiticcl as a Noll8SBistcd Unit, as pc:rmiUed by !his Onmt Ucn, tho hotlBehold's teDanoy abaIl Dot be fmnW·W
Where a bousehoJ.d ~ iI Ullit deripttcd fur 0\10UJlIIICY by Very Low-Income Householcls IlO lODger qllllllfiDS as a Very Low-Income Household at tho dille of recertification, but now quaWiDS as a Lower Income Household, the followina shIdI apply: (1)
Thebousehold ~ not bo~ to ~!be unit.
(2)
Coutractor may increase tho household'. rent to an emount that doCI8 not exceed !be cum::nt rent alloMd for oomparablo Lower Incomo Uults pII1'SUIU1t to dIiJ Grant Uea. Por the purposo of thb JlIII'88IIIPh. "comparablo· UIIlU _ !hose with tho limo Dumber of bodnlonu Ibat do DOt dI1!er subBlan1Wly In size or amoniIy IML If tbn qre 110 Lower Income Units within the Development, tho household's rent sha1l not ~ the maximum rcIlt that would be 8lI0\YeCl ,pumuant to thls Grant LIeII for a complllllbl!l Lower Incomo Unit within theDevelopmollt ifthcnl were such 1IIlits.
(3)
COIIlmotor sba1l designale the DCXt aVailable comparab/o ABsistod Unit as a Vt/tY Low-Ioclome Unit until the IIUIIIber of Very Low-IIIIlOIllII Unlts rotumll to the lGVOl set forth in Attachmnnt B
d.
If an Assisted UnIt Is subject to stato or federal rules govelllfng low Iacomo houaIos _ ClI'Odits. tho provisions of 111080 mloa rosanfbJB continued O=IJIIIIq by foJmorIy eIlsIbIo households sIudJ apply.
e.
At tho time of lIlCCl'titicalion, If a household 00CIIPJ'ius 811 AssIBted Unit no looaer mee!s teMIU boll8Obold size ~ requIromo.ats, at Ibo limo of recerd1ication, ConIrsctor shall roqIIIro the bou.ehold to move to tho IICXt avallablo . IIJ'IIfOPrlatebsked UIIit In the Development, and may termlnaIe Che Ie!JaDcy six months after the nodco heof if the hoUBehold ro1IIsea to move to 1be ~I)'-lizcd un1t. 12
'... 179
."
14.
Management And Maintenance a.
Contractor is speci.ticaJ.ly I'CSpOlllIiblo for all maintenance, ~. and management i\mcti0ll8, includlug without IimltatlOD, tho following: selection of1enlmtS; rece.rti1icatlon ofhoDBehold employment, Income and size; eviotiollll; collection of rents; routine 8Ild extraonIlnmy repairs; and replacement of capitalltems. Contractor shall ulalntaln As3ilIted II!Id No.oas~l~ units an(i common areas (and commerclal speco, if any) in a d 8Ild tanItaty IIIaDIIer In IItcordance with local hea11b, building. and housing cod=s II11d the approved Management 1'1an described below.
b.
ContlBCtor further agreeII (l) to keep the Development in a deceDl, Safe, aanflmy, ~ and tenan!!lble COlldlIlon and rIIpIIir and permit DO wasU: 1bereot; (n')llOt to COlIIIIIltor suffilrto be done or exist on or about the Development any condiIl'bu causiD8 tho DevelO{ll1llll! to become less valuable; (Jil') llOi to COllBbuct any buildIIIia or Improvements on tbc Propc:ty, other than the bulldiDs1 and improWmllnlllconll:mplated in the Onmt DocIllllCllts or add to, remove, demolisb or IItIUQImally alter any OOildings or Improvemonts now or heleIDsfter located on the Property without the State'a prior wriUe1! COIlSeIIt; (Iv) to repair. restore, or rebuiJd promptly any 1lI1ildilJ8II or improvements ou the PrOperly that may become damaged or be ~wIWe subject to)hls Gram Uen; (v) to Comply with aIlaPPucablc laws, ordimwces and govemme.zrtal regula1io!ls aflilctIlIg the Developmeut or requhing any a1teratIon or improvement tben:ot; and not to sUffer or ~t any violallons of 811Y,sach·law, ordiIulIMle or govemmental RgUladODS, nor of lIlY cove:mmt colldltlon or reniction afficting the Property or Developmem; (vi) DOt to InIdate or in I!IIY ~ in inyZODiDg or other land \ISO or legal cIasslficatlon which Bflbcts arry ~ the Pniperty witbout tho SlaWs prior written consent; IIIld (vii) not to alter the use of all or any part of tho Property without prior wrftten oonseat oltho SIato.
acq**
c.
Contractor is =pomible for cpensting tbtJ DcvcIopmeIII in acc:ordaoce with.tho MarJagemIlllf Plan deve1o,ped by Contractor, and which is approved by and on file with tho Stalo (tho ~Cat Plm"). The ManagIllllCllt Plan shaJJ conIaIn all provisloJis required by the Gnmt DOcumc.at.7, InoIudizJg ibis Omot LIeD, IIlId the Progtanl staIIlIes IIIld rcguIaIhms; and, In additian, shaJJ contlln JXOYIslCllS roIated 111 !he avaiJiIllUlty of bIJlDpaI services and
doc:uIncnts Us are ~ neoeslllllY t1lr the nmdents,ofthc Development, 8Ild aftitmaIivo
IIl8IU!Ics plans for both tenant sollcltation IIIId snbooaIracttir anp1oymcot. as req1lim! by the
Program. Regulations. All amendments to this Managemeat Plan reqniIc prior wriUcn approval of the State.
13
180
c.
TCIlIIIIt se1c:ciion mid mmjljpicnt pmctICCI for NODalIsistId UlUm shall comply with local.
~ aild tbd=nl ~~ laws. Howewr,·· pw;suan11G the Progaun ReplaIioIlS, Section 7204(b) (3) and 7226(00 (6). to the ptest CIIdImt possible, Nollll88lBted Uui1I &ha1I be uiadeavallablc 10 IIId occupied by agricul1ural housdIOlds.
14
. ._----------181
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_.,.- •••• -
• • -
•
•
• -
•••••• p
.-.
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------_ •
•
.
•
'
HB7Jlrd and rjabjU~ In""IBnCH.
16.
ft.
The Col1tmctor shall at all !imcs keep the Development Jmured agalmt loa by file and suoh olber bazatds, casualties, liabillllea SlId contingeucios, lind In such 8IIIOuats and 1bt suoh periods 113 required by the Stato. All insmance polloIea and renewals theieof maJI be lasued by a carrier .approved by the Stato IIIld be In a fonn aa:eptable to the S1ate. Propc.rty insurance poHoiea shall provide "spcclal fonn" coverage in anlllllount at least equal to the replacement valuo oCtile SInIQtUrO ami aU fumlture, equipment IUId o1hcr pcIBOIIIII pI'DJlOrly or fixtures owned by ConIrItIltor related to opention of !be ~opcnent as mUaJ housing.
b.
The Ptoperty IDsarance pa1IoIos :iIaIJ name tho Slate' as lUI IIdditlonal1oas payc; Iiabi1Ity Insutance policies sballll8Dlll tho State as an additioDal insumI. The SIIIo or its assIgIIDC shall have tho right to hold tho policies a.nd rencwaIs 1ha!eor ami CoJdrldor shall iDc1udo coplcs of all nlIICWI!l JIOtlccs ami roce/pCB of paid preaU1II$ with- iIs 8II111I8I RpoIf&. In !be event of any loss CoIitractQr shall _ !bat prompt ~ la given to tbe Inmrancc ciurlcr and Slate. Statcl may make proof otloss jfIIOt made promptly by Contractor or Ita ~.
c.
In tbe event Contraetorfiills to maintain insunmI:c ocVCl'llgl? Stale·may ~ insuraneo In such lWOunII IUI!f In such covmges 113 it may a1eot and aU 8IDOUIIIlJ paid 1hInf0l'8 shall be seoured by the Otaot Lien &ad sha11 be II)lp1led as provided In thIa Pmgraph. Pun:Iwc oC inoarancc by the StoiC sha1IlIOl be
d.
InsU11lllCC proc;eodI for any loss to or takins ofthe DeveIoptnODt, or any portion thereof; shall not oxtcnd or postpoDe tho ·dur, date of any Jl'\Yllleat or pcrform8QOC spccl1i:d be:cin auless Contractor and Btato agree In writh!J oihmmc. .
e.
In lieu of providing proof of Insurance, the ConDi:tor may provide proof of self insurIalce _ttng rc:quhemeu1a equivalent to Ihoc Unposed hmln. The Contractor WImIIl13 that tho ContnIotor's self insunmce provides substantially the B8IIIO protec:dan Co tho SID as the insunmce required herein. The Contractor 1iriler agRe8 tc! ~ the SIato In tile eveat any change In self·1Dsarance 0C01IIlI that would alter tho obllptiollS 1lIICIe!taIc=·1n this con~ within t:blro/ (30) days change.
of_
17.
condemnaflons 4w'''rls, andDamagcs
15
.
,
182
..
\ tt
If the Property fa abandoned by ConIriIctor, or If, ath:r nofi¢o by Slate to CoIlllaClor !bat !be condcnmor ofi'«II to make an award or settle a cIalDI tbr damages, ColllnWtor fails to mpond 10 Slate witbIn 30 ~ afIer~ aatD .•ucltnotlce Is i;IIlled,,s1ate l.!i authorized to ooIlcct and mli)' apply thO ~ or rondemnatlon procCcds of any award to 1110 SUIIl8 seem by !be Onuit Lleo;oiat tboSfzlle's option, to. reatDialion.Or~oftbe DeVelopDiem. . ." '. . "
..
16
183
...
-~
....." "
...
- .~
__.. - -_... •
..
,
,1 Contractor sball o~ 1M DeveJ"pmenllUld ~ opetztlog 1ncome in ~ with the initial operating budget, as approved by end em file with tho State, for the period CIlvered by such budget. Such budge! sbaII show all anticipated· opeiating Income. debt servlce,
a.
operating cxpC!IIBe8 and amounts peyablc to reserves for tho inidal ope:i!IDg .,. pumrant to paragraph 21.
19.
b.
No later than 90 days prior 10 tho beginnIDg of each subsequent 1iacaI year of the Doveiopment. Contractor sha1l BUbmlt to tho S1ate a proposed annual opcra!lng ~I on a form 8PJXOveti by (If provided by tho Slate. The JX'OPoset\ 8IlI1UlIl ,,~butlset sbaII set tbrth Conttactor's estimate of oporaI/Dg income, operating CltpOIIacS and debt IOI'VIco for tho upcoming year, 8IDOunIs pIyBblc to rcsctvCll, IIIId proposed rent adj'llStlIlelltl.
o.
If tho Development rontajns ciIber NooassIJtcd UIli1a (If nomesidential space, (If botII, each annual ope:aIing blld~ sball show IIIIIOUI1tlJ, I/OQn:lOS Il!d uses of lncorM alIoc:a11:d bcIween ~ Uo11S, lJOI1!!ssistH! UIIita, and tho IIOIIIeSidentla space. The alIocalion Diethod used for each budget Uno Item abaIl be lUij~ wSlzIte approval, and sbaII apportlon income aud exponse:s In a IIUlI1lW that a=ateIy reflects tho p8l1icular JilYiical. operatlcmal anti cc:cmomic c!uu'aetcrlstics oitho Developmeat.
lnitja1 Year QnBrter!r Rf4l""'3 Durlng tho initial oporatiog year. 0>ntraQf(lf shall submit wtho State sbalI
qlllll'ta"1y reports to IIlOIIitor the Contractots c:ompliance with this Grant Llen. Tho reports
Include: II.
An income and axpense $IatCmCIJt for tho ~ perllld.
b.
A 81IDlDlIII)' of the ocenpancy ofthe DeveJoJllllClll, indieating tho IIIlIIIbor and typo of Assisted and No~ Uoim rescn'Cd tor or occupied by LowI:r Incomo 18rmwarbr ~ and Very Low-lnoonl& limnworbr bourbolds, tho 1lUIIlber of VBC8Il! A.aIsmd IIIId NOIIaSSl.rt:d Uoim, and tho.lllllIlber of aviclion8 CIllllj)lcUd or In procoss.
c.
A n:port. on omTCIIt and projected mqjor rrndrmmen,.., needs of tho Ilevolopmeat.
d.
Informatioo OIl the .SIatUs of waiting 1lsta, Including tho Il1IDIbor of eJlgIblc Jimuwo.w , households 0Il1lsta for c:lifferent As!lmd and Nouesslstec! Unit·sizes and by IJIcomo 81OUP.
o.
Other lnfIxmation as roquired by tho Sta1c to aoourately monitor Contractots podbnDauoo hezeunder.
If; after dio initial operating yaar, tho State dcteonines that such periodio rop!>Ita oo.o.timIo to boo MOOSSalY, the State shall $0 IIOI1tY Contre.otor as pert of the annual budglrt approval pn>oea& Upon
such notification, Contractor shall 8IlbmIt the requcstctl ~ 20.
Annual Rcpm and Audit
17
--.-:......~" ...--'-------~'-184
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8. -
b._
---- - - - -
ContmctQf shall tile en 1IIIIiiW_!epOlt with tho State no later than 90 daYs. tho end uf each Fiscill Yeat fut tho DeYelojlllleJrt. Tho report sIIall c:ODIBID such IDtilmIalioII Mii icquiRd by thO State, InclUdlng bUt hOt limited to tho ItenuJ rCport8d p1lI3UBI1t to Pfll1SI'8Pb 19 fOr qiJartor!yfePotts.~dall claima,1a'ivsu!ts, Orotber 1cg8I actIOIJSOf ~ ipirlst the Coul1acIor or I~ epiIS zeIa!ed to thO oviJler$Ip or operation of the Development.
As part 01' the8ll!lU4l RJlOlf, end ifrequJred by tho-StatC /lad approved 88 par! of tho budget pl8ri, Contractor-sh!ill. subililt lin aUdit of -thO DMlopmenf In:epared In ~ with by an .iodepoDclelrt ~ jlablla8lXOlinfallt. .Ge!imlIy ACccpIl:d Av.dIIfIig. S1andards . . . . . -~ .
18
•
II"
185
"
b,
\9
Qpcratlng B"""'D'JI AOCQlmt: (i) If Iequired pur:!\IIIIlI to Atfachman t B, Conttactor shall elitablish an Operating Reserve Account consistent with this subparagraph, Commencing DO later than the end of the second month following the completion of CODSUuction, or such
other dete as the State may designete in writing, Cootractor shall establish l1li 0pemtiDg Reserve Account or subaccount witbJn tho Development's general operating 1ICCOunt. Upon lni1ial oceupEUlcy of the Development, Contractor shall fund the Operating Reserve Account in an 8!llount equal to the IUIlOuntrequired by the State, COnttactor may fI'al:Isfer tlmds from thla Account only to cover actual opcratIug expenses in excess of the approwd ~ ap1ount, or to eompcnaatc for VIC8IlI:)" and bad debt losses In the approvecI budget amount. Contractor shaIJ net withdraw or IraDsii:r fimds fiom this Account without tho prier wrlItm approval of the State. Conttactor shall make monthly deposits from opClllting Income to the Operatlng RC8CM AccoUnt in BIIlO\lIlIS as apecllied in the mitis! year opcmting budget and subsequent approved llIllluai opemtIng budgets. (Ii) In lieu ofthe requirements dcscn'bed In subsection (I) ot'thIs subparagraph, the State may speeuy altemate IIX)Uirements in Attachment B which adequately protect the Sblte'a Interest in the Opcmtion ot'the Development.
(ill) However, notwithstanding the prcviaioDS of subparagraphs (I) and Cd), at a minimlllll, Contractor shall have available IIIId on depom an amoll¢ sufiicient for lnitis! ope.tatlns expeDSe8, u determined by the State and approved ptIIBIIIIIlt to the Initial budget or IIIIJlU8l budget. up W two percent (2%) of the total value of the Development.
a.
mIIIIIIet subject to State apptOVlI!. Cootractor shall maintain an IICCIual or modified accrua! basis generalJedga' ~ 8)'Stcm that ls posted monthly and that accurately and fully shows aU assets, liabllltles,income and expe!I8IIS of tho Development. Contraetor shall rnain1l!fn complete boob of 1ICQO\IIIIs and 0Ih:t ~ for:the Development and for tho use of tho Gtant proceeds; includfD& but not Ilmitod to, rocprds of preliminaty noticer, lien rclouos, invoices and rccc.lpts, and' certi:fieatos of instIrImgo pertaIniog to the ComnIctor and esch SIIbcontn1ctor:, aud the same shall bo availablo for ~ and copying by, the State upon reasonable notice to Contractor. AU records and boo!a relating to this system shall be retained fur not less tbaa 7 years and In _ a IIlAIlIIeI' as to ensure 1bat the records are reasonably protected from destr:uction or tampering. All records sbalI be subject to StIItc
In a
i.ospection and audit.
'
19
186
I!I
•
't
;;m b.
Authoi!z.l:d repri:sentadves IIIld ascnta of !he State shall be permiUed llpOn re&8OII8blo demand to inspect aU work, materials. PaYrolls, accoimtlna records, pcr8OIlIIII1 recotds, mall:faII fDwicu and .other Rlmntclala pc:Wnl»g to tho acquIIilial!, developmeat, coDstruodOIl, or operation of the DoveIopmcnt,' 8lIdsbal( have the right. of cnI1y and flill aooea to the P!opC::rlY and thO DevefoilmCnt.· Bued 011 the Jindlngs durhIg ~ IIIspcct!on, the State illay isSue Wii'eOtlOI1 notkei·ot stop WOli otdCQ.. In i!ll CII3es, Coatzactoi sball_ CO bo coireoIcd auy items noted In thO ilOll'eCUOII ~oliee otefop Wo.tk onIcr, and requeat a n:hispec:lion.pDOr to procecdiDg CO tho MXt pIwc of .wvdc. Upoll~ by the State, Contractor shall notiiY ocCupaum of upoo1i:llna iDspectIons of theJr llllililln. ~ with Stutclaw•. ' . The State mer pafoan ot c8u:sc ~ be pcdonned ~t:I of any and all Jiwas of CoDllaclal's aotiv!1fea n:!ak:d to die Deve1opmeat. At !be S1J!te's request, Contractor sball provide, at its
own .CIXpim.so, l1li aUdit of tho tialllQial c:ondition of the DevelOJ!DII'!II certUled by an Wdependeat Ccnlfied publio. acccuntaat. .. . d.
Con~r shaH
ensure !bat aU 'llO!lIracts BIII1 ,agrcem_ With su~ such lIS mMagemOrrt ageuIB, bulIiting colltnlCtllm, and eolisultaDl3'lnclude provJsWm which permit tbo St8re to.obtain iudIts, iDfomiation, aDd iDSpCctiOllS .related to lila DaveIopnem. . , . . .
e.
a:. '
'
'lbe~ may n:quest BD1 otbe:lntbmIatioIi &Ut cIeems ~ tolllOllitor oomp~ . with i'eqWamCliIi set .fimh In tile CJraat Documents. ThI!IlnfarmaIion sba1I be pi1411p1Iy .provided by tho Coo.tractOr. . COrifmcIor, Or Conbctors ~ent agent, s!uill jlromp!ly d~iI all opemiDg income in Ii ~ti:d ~ established In cxo1usivOly lot the DiIvIiJo.pmelIt and ~byan - apyOftho &deml govnilllntot otber~blc: fede!'allnaaiWCC
Con1tactot'._
~sra;m.
.
'. .
.
20
187
tt
I ',
b.
(el
Withdrawals from the acc:ount sball be made only in acc:ordam:c with the provisions of this Chant Lien and the approved budget, and shall be dislnned, applied. or reserved and set aside for paJIItlent when duo, in the following priority, to the extent available: (I) salaries, WIIS'I, and 1lIIY other compensatil)Jl duo and payable to the employees or agD8 of Coutractor. employed on site in c:ollllelltlon with the dewloplJIcnt, maintenance, admfnfstr'llion or opc:ration of 1ho Dovo1oplUC!lt, aIons with all wi1bholding 1axes, insurance preaUlIIII3, Social Security payments ai:u1 other payroll 1lIXes or pa)llllCllts required In llO.IIIIeC:Iion with such amployecs; (2) all cbar~ incurred In the dowloplllCOt, Opotatlon of tho Dowlopmcat In CIJDIlecUon with utilities, ICBl estate IBXC8 and BSlieasmCIIIs, and Hability. tire and odJa: IIazarcI Insurance; (3) ~CDts of rcquimIinl=st, pr/Dcipal, ImpoUllds, fees and charges, if any, on low which are secured by liens on the Development or Development Property which havo boCD approved by the Stale, paymClltl on which lie to be J!l8do prior to 1be determln.tioo of lid cash flow; (4) all other expcIlSe8 incurMd to cover clm:lopmcnt or opc!IIIing oosls, inoludlng the iCe of tho managing agent and any G1d:raOrdinary expellSe8, in accordance with the approved annual operating budget of the Development or lUI otbcrwiae approved In ~ by tbc Stato; (5) depoaits to Rqulred IwerYe acc:oWJt:J; aDd (6) dlBlriblltlOM, in accordance with the approved IDlI1lIIl budget. ~ may depart 1iIlIn the fl:Iregolng priorities ofp8)'Illellt only upon the express prior written IIpJl(OVIlI of the State.
Contractor bereby agr;es and acblow!cdges that, nofwitbslBnding any Interest or acOOIJJllfng
proceduies or provisions pcI'IainIng to 1he use of income, ~ psymeats, rcsc:rves, mrts,
and diS1n'butiollS(Y!I!1'ained·1n Its arganlzational doewuCDts or.othor agIeelDents, the terms of 1ho Grant DocwnenIs and the Prognun Regulations sbalI coiIIrol as 10 tbc use of Chant Ftmds and matcl! provided by tho Stale or otherwise available ~ the.-m hemiC . . . 24.
RcstrictlllTl:!! on
a.
Sel", PMlmhrencc;
and Other Ants
Exc:ept with the prior writtal approval of tho State, and ~istem with the provisions offhe Otant Doeument.s IIDd Prosram statutes and regulations, CoIItnKltor shall DOt (1)
Make 1111)' sale, eDCUIIIbranee, hypot:hceatiDa, asslf!lllllCllf. "",nanclng. pledge, conVC)'llDCC, or tnnsfer in III)" oIbcr fotm of the Developm.=nt Plopor!)' or ~opmeot or ofany oilta Immesi in eiIhet oftbcm;
(2)
(3)
Subs/ant!a1ly add 10, woodel, remove, IWOIISIlUCt, or demolish any part of fhe
Devc1opmcnt;
.
permit the UIlC of the Deve10pmeat for any pUtpOse odw than that permitted by thls Orant Liem; .
21
..
--~----------~--------~ . ~.~~ . ~ . ~ . ~. ~--~~~ " )~ ' ~~-----------
188
.._-_.- ----_._._-_._._.
"
__
.
~ -
... ..--... ..... - .~
"
inCUr lIII1UabWtY or obIlption In connection wlth:~ Development, otbe.r !ban fur
(4)
.cmi'cnt develapinent, opOrating..~t .aDd 1IIIln~ Costs, IIOr Incur any liabillty, QIWijo.'8§essmem, or obllgidOn ~. ~ Is secured·1n whole or In
Part by lIllY lntCrcst in or liOn or eDCUinbRnCe an.tho ~ provided that tho
. SIi!te' miiy piIDiii ~ 'or additiouaI '~ s=otircd bY tho DeWlopmeIlt to
thocicteli! Ii~to m'.lntaln or!nipovO tliGDc.ValoPmCllt's fisOiI hiIe8ri1Y. or. to malntalnafibrd8ble rents; ' . . .
ClliW iutlJ'~' C~i'datiniIORhab_~ .;u.1lG~g the ~IOpm«lI;
(S)
entcr.into .aii7 .~.
a~e =ta!'1lDit,.
fur m=!Mn' growid 1_ of tho ~cait ~. Or.my In!cmt thetoln; cxc~pt for tho =iaI ~nonrcsidential
(6)'
~lncbo~l~or
.'
... : ...... ' ' . '.
.. . .
~6;~~ Us ~iiI~iS~~p. ·~ .or replace 1lIIY
(7)
peral partner lir 1I!IieDd.' mOdIlY Dl:i.1!Id 10 iupartncrsbq, ~or aDICIIId, niOdi1Y or.add to tIio·orPab:utiimaldoeullit¢eof6le aeMriJpaiineii'except that it ma,y1l'iuiSl't(~tCd~p' iilll:i1:Sts~~~~ •. .
If~.orifB!l!Jcxe;S<)j.bi~j~a~;~.abaIlbOtdlaolvc or peiinitdiss01u\IO!i:or CoQtracli)r JXfo:.fOeXplnitlo1I, OfIflO_ofdlia Graut Ueo if
··. (8)
Cozittact~ &tiIlI~obligiiJ,d to P¢ollllpmsUailt to lfIc$ ~ .
b,
..' . .'.: :.' ,", .: ;': ">'.; ' ~'.:-":.~.::, ... ,.,·· ..·. :.. ;.,· ···.':· ·T~:·:\;·:.~· ·. · .:-::.... ~:.:: ' . .....::,\ .:~ .. >:.; ..... . Tho. SIIIto shin·.' .W·a$ale. iiaDsfet or'coo ' tor CoDt!mled: _as fmnworla:r
houSin&'proVidedr8IioftilcmiIoWhiB-caXftti~meti .... : '.: ... . .......
) (1)
.
~··U"IIIBterOr~I9rU~Cll~~~·~ ~ ~ ·DM~~thC-'
~Or~:wiIl multln thC .~ of IP..r ~vIolatioMoftbe Gmnt : ..~ ;.~.',.< ....,' ~"'::" " ':'] :-....:" ". ';. '. ' . .::., . ': .:..: ~. "':.'
(2) ..
~~%f;~~~=~,~:.~=~~:.~n;;~ agRiCliistOlI¢Ctidiilolbc~~jCc;tiotllo~.Do<:umeitts; •
'.
(3)
'.' 1
•
•
.......
.
' .'
,
(5)
'.
1U ~ ~ deDlODstrateSfD1hO~ !!ftI!sA'ciioothat it is capeble of oWn)!lg .· 1IIJd~ .the . IJeYelDpml:nt In tuIl ·. CimiplIa~ wIth ' lI1 Program tndiewents aild tIioOrlaf ~ . . ~ .. .. . . .' ,:'
(4)
....
.
~
.'
The.s'uccessot in bm:test "&grees to
~' ~df 1he Won of 1he 0IIIIll Lien
=n~::O~.:oo«:;::,~~:~ ~dbo In tho best Immest of
Ani
termlIoftbc sale, 1ranst'cr or conveyance sbaII.notjeopardlzo the StaID', security or 1he 8UCCe6Sos'S IIbility to ~y withal! Pxopm ~
22
189
.. --------------- - ._ --_._----" -- -- - -' .. ""
"
•
t
~
~
- -.-_._-_.__.._-_._--------._---
'.
?,) Co
The Slate IJIlI)' grant its apptOval for a sllle, tnmsfer or conveyance subject to sud! termJ and conditions as IJIlI)' be necessary 10 preserve or estabIlah !he ti8caI integrity of thG Development or to CQlllpIiancc with Program tequlrcmoots. Such conditions may incJllde tho deposit of sales p!'IX1Ceds. or a portion thereot; to maintain required reserves or to otlSet nogalivo cash Bow, tho recapture of syndication ~ In IICC01'dallce with thls Grant Uen, or such othor c:onditions 8S may be neccsSUl)' 10 CIl3Ii!c c:omp1lancc with the Program requlrements.
=
d.
~ Colltraetor shall nol5eU or coaVC)' the Development to
an eIltity lbaI will no! COD!Ioae 10 \ISo' the Development 10 provide housIJlg for agricu1tw'al households In IIIlCOrdancc wJth the
requircmcnb of1h!s Orant UCllun1ess theS1alo bas approved such a sale or~. Tho State IJIlI)' approve sucl1 a safe or cOnvcyimcc provided dJat the Contractor has demon:itrated 10 the sat:is1iwtion of the State that good oauac exists fur terzDInatiJlg the operat!oo of tho Development lIS proviOcd In Pmgraph 30; ami the CoatrueIor I'DpIIYB tbe State the 1WI lIIIlount of the Clrant, or that greater or les80r amount which ImIy be dUll pum1iUIt to the Grant Documem. .
II-
b.
In the event that this Contractors bJlarest In the DeveIopmcot is 8)'Ildic=d durlng the tlm1 of this Grant Lico, the total Bm01lllt of syndication proeeeda reIIIlru:d by CozdnlCtor. or IU\Y aftlliates of Colltractot. In. the form of fees or payments or any kind, Bbal1 not c«ceed tIwntyfive perccm (25%) of not syndication procccd8 11:1 approved by the sm=. Net syndication proceeds shall be calculated by ~ from sroaa syadk:ation jlI'OQecds an reasonable and ol'l!!mlry COS!! of syudlcatiOll, lnoIudIna &COO1lll!Ing. .Prlndng, financial COIIIiIIItaul, legal, Intc:mt and fees on gap ~1ng used 10 pay doveI.opmCDt cqm II/1PlOvcd by the Slate, S)'IIdigator ._. and gowmmelJt feel assoofaIed with crea1fn,g a Ilmlted JlIIiI=ibIp and sceurIng tax =dit aUocations_ Not less than seventy-liw J)eItent (75%) of any aval/ahle not syndication proceeds sbaIJ be app1lcd firnt toWIIJd eBgible coots of acquiriDs, ~g or deYelopillg the Devc1Ojl11lC01 lIS approved by the State, including repa)'IIIC!IIt of bridse or gap Joq 10 the extmt that tho ~ of mu:h bridge or gap.Joana III'C applied to ~ of costs of ICIJ1IIrin& constructlng or dcveloping tho ~Iopmeill approved by tlic State mel cxcIvsive of or pa)'lllCllts retained by Contraotor or 118 af6lJaIos, and, lhcn. to tho extcmt 1hat funds IIL'Il a'lllilable, toward pajDAOJla approved by tho S1aIo wbi.~ eitbr: CIIlSIW afi'ordiIbIIity and availability for elIgiblo bolIseholds fbr tho duration of IlII ClIhmded term of thU Orant UGI1 or n:paymCDt ofthc S1ate's 8I'JIQt fimds lfllDt necessary 10 e!lSIn a1fordablIi1y SlId awilability.
1J1Jf-
c.
Upoq demand by loea! public asmcIes !bat have COlIIdbuIed or IOfIIlCd fiIIxb toWIIIds projm costs of acqu!rlng, \XXIStnlQtiug or developlng tho Development, and with tbopdor wdtten approval of dle State. net syndiClllion prIXlCIIC!a that would otherwlJo be app1ied mards tho p1.lIpOses provided In subpaili8taph b. may be allocated fint IIIIlOII8 these ageoc!cs 8Ild the Stare In 8I%lOlIIItB in direct proporUon 10 tho ratio between the amount of their coatributions or 108D.!I1IDd the amount ofthe Prosnun grant. 23
o·
190
- - - - - - - - - - - - - - - - - - --_ .."
tl
••
.... _....__. "
.
..
....
'0
.
"
IS.
Co~
.
26.
~
slIaII prorojrtly n~!be SCBI\I of !bereoe.lpt-ofllllJ' aat lIjndk:aI/au jlIWt'Cds reCeived during the IIIlm of this Grant L1eillll1d the disposition of said ~ . .'
sWots of Iletiml' ThO ~ of anyol lhe following_ ;baII paDStlNtc IIIl "Bwnt of Diifiwlt" ~ fuUowiDg nollce to tho Co~ by !be 81$, ~ (1) tho 1IJlP1icabio
oVent, ('2)tiio'ac1ion ~uired to pievent I\UQh eVent becoming an B»entofDeflwlt, and (3) I date. Whlch &ball ,~ !lOt losS thim ru=n (1 S) days • !be'date dIo nOtice is mailed to Conuactot, by which such action mUSt ~ taIam: ' " (a)
.
".
"
.,
24
191
(c)
(d)
[JenSj Attacbmeat: Condt:mnetfun. EDcmeohmmts (I) Tho.flling ofanyalaim of1Jen against the Property Q\" tho D~opll1Ont, or lIllY part thcrcct; or service OD tho State of lIllY bonded stop notice relating to the 0nInt IIIld the continuance of the c1ahn for lien or bonded stop notice for twcnl)' (20) daya after Contractor rccoim MIud notice thercofwitbout dIscllargo, satiafaction or provislOIlfur payment being made ail provided for In the Omot DOCllllleJlts; (i0 tho co00enm8 1ion, selzw:c or appropriation of, or tho occummce of III 1IIIhlsured casually with rcspcot to, lIllY materlal portion of the Property or tho Development, such lMIcriaIll)' to be cfe1ermined by the State In ~ solc and absolute dlscretlon; (Iii) tho sequea1raIion or aIIacIm1CDt of, assIgmncnt by Colllrlll:lor for the bclulfil Of la cz'cditors of, or lIllY levy or OlIcoution upon, tho Property, the DowIOpment, other coUate:aI proVided by Contractor lIIIder lIllY of the Onmt Dociuincats, ll'IOIIics In 1lIIY of the lWC:Qunts cstablllhod pllI'SIlIIIIt'W Ibc DowIopuiellt Agr'ee:Di=it or this cmmt Lienor tho ~ CS1abIlshed M required In the Grant Lien fblo the c1eposit of opc:1II!i!g iocoIDc, or subslaalla1 pardon of the other asseta of CoD1nlctor, which is !lOt released, cxpwigcd or dismissed prior to tho earlier of sixty (60) days after scqucstmt!on, attachment or OlIecutiOIl or the sslo of the asscta a1fectcd thereby; or (Iv) lIllY 5IltWY provided to tho State 1IJlOD a reqacst for a disbursemm!t ,o f 0llIDt ftmds sboM CIIClDIWhmcnts,,which occum:d without the writtcln approval of the State which, In its 80le dlscrc1ion, tho Stale requiJcs to be removed or ClOItOct:od, and the fiillure to remove or COD'el:I any such enaoachments within thirty (30) day8 afteucccipt of the survey.
rrS
Pcrfhnnani:c of ObUptioos CoirtraI:Ior's de1iulIJ IlIIdcr 1lIIY of the other Onmt DocumcaI:!, CoDtractor's'defiwlt WIder lIllY grolllldlwe oftho Pioperty, or Contractors 1idlorc to pcdoim its obfisatkms under tho 0nInt Agreements and, In each case, the expba1Ion of 1lIIY dmo
pmldcd fur the n:mcdy GfaiIch falIorc. (0)
Rcpmsentation. and Wemmtjes (I) Arty of ContnTdor's eprcscntations or ~ In aily of tho 0nInt Docwnents or lIllY stammeats, cer1ificaIcs or Iiohcdutes 1IImIshecI by ConInwta to the State, ahaIl provo to have beCil \lW'Qo In lIllY JnIiIl:rial ,respect wbcn made or tho ~ shall have WlICOClcd ~ material filet 1iom the S1ate, eli) 1lIIY ottbo COIdJ1A;!or's rcprcscnIIItIona or wammtles'ln 1lIIY oftbc Orant Do<:Wnento or lIllY statemo1It, certificates a schedules fbmisbcd by Coo1ractorto the State, other !ban !epi=aemadons, wammlies, ~ and c:e:1ificams as 10,tho financial ooad!tIon of ContiacCor or lIllY cthcr petSOIl, sbaIl CCIISC to be Uue and IIbBII remain 1IIItr\III1br fifteen (15) clays iIfter notice of SIICh oIump to Coottactor by the Stato, or (iil)1IIlY J]IlItOrial advarso cIlaoso In tho flDaDcial ccndIdon of Contractor or lIllY other persOD or eatfty obligll1Cd In any _ to tho State 1IDdcIr the Oren! Dooumen18 from the tblancilll condition iejlieaa1led 10 the'Stato as of the cIate of tId& (/raul Uen;
192
_.. .....
. .. ..
.
. ...
_---_._-----------
'"
.
,"
27.
-
__
.:
B",,:. edies·iri tbfi;Ev,,jfofBre.c;,: Natjons .. '.' . ' . " ,. ", .. . "::..
-.".:
'.
. "\ :
:--',
..
.,
.
26
193
I,
•~ I
'.
a.
In the event of an Event ofDo1liuIt or lIllY other Contractor's- bteacll, violation or de1imIt in the pc:fonlll\lKlO of any covenant, agmmeat or obUga1!on of!be Conr:ractor set forth In tho 0rBDl Documents, the Slate shall giVl'! written notice to COll!n!ctor speolfylng tho IlaIuIe of tho vio1stioll, breach or defimlt and tho action needed to cure, 8UCh notice to be by certified mail or any express ddivel)' moo with II delivel)' n:ooipt, ~ to tho Ccmb...1or at tho address stated In this Chant Uen. If !be default, breach or vlolatlon Is not c:ured to the sat.Isfaotion of the State within tho time period specified In the notice. wbich shall JIOI be less than fifteen (IS) days, tho State may declaro II ddiwlt btmmder and tha State's obligation to disbum proceeds, of tho ClrIInt shall tcnninam and tho State shall have the right to eIth« apply all or any part of tho mmoriniog proceeda of tbc Oraat to payment of accrued Intmat
and principal dUe' under any obligations of Contractor ~ or In other Onint Documents or tennInatc the 0t1IIIt Lien or Dcvel~ Agreement, If1IPP1icsb1c. Additionally. tho Sbdl> may. at its optlOll, call all sums advanced under the Grant IUId other sums advanced lIIldor subparagraph (0) immcdiaIc1y due and payable. all without nodcc of cWiIuI~ presentment or demand fat payment. proIesI or notice of DOlIpIlYman or dishonor, or other notice or demand of lIlY kind or character. or may take any one or JIlOI'It of tho MIowing actions, or any combi:aatlon thereof: (I)
Collect all nmIs. other proceeda, and incomo in connection with tho development or operallon of tbc Development and use tho II81II0 and the reserve funds for tho dewlopmem or openIlion and II18hltenancc of the DeveIopJnent.
(2)
Take possCSllon of tho DcwclopmCnt md bring any dOll ~ to enfozI:e any righta . of ~ growl.ug out of the dev.eloplllent or opcI8Iion of dIcI D~opmcnt. and develop or opcrato the Dcve/opmeDt iii acconIance with the terais of the Oract Doc1ImeIltII 1IDIi1 such tlmo 18 tho Slate, la It! mlo ~ aha11 dctem1lno that Coatraotor Is again in a pomtJOIl to i:oIIIplelO cIcvcIopment or operate tho Deve1Dp11l11Dt In accordanco wItb!be !cmIa of tho Grant I)ootID1Gllb
(3)
Apply to any co~ State or FcdemJ, for BpCI:ific ~Illl8I1OC of tho Oram Documcots or 1br the appointmcrtt ofII -rver to like ov« and complete dovclopllllllQt orope!lltO the DovclopllCllt in acolI'dance with the !elms of tbc Chant DOCIJ!!lOlIs, or for ~ other reliof 11.'1 may be appropriate. It tis asrecd by Con1ncIor ~ 11» lDJury to the State arising WID a dofault und« 1lIIY of the terms of the Grant Doc\llDCll1S woukI be . Irreparable IIIld that the of componsatiOll wb,Id:t v.wId provl.dc adequate mlief' to #Ie Slate, in IIshI of tho JlIllP08CS a%Id requirements of the Propm. would be impoSSl'ble to ascetIaln.
amount
(4)
AcooIetlIto all amo'Qllts duo under the tams of 1&0 GI'IIII Documents IlII
(S)
Brlug .suit to fotecl~ ~ the DcveJoprnmt subject to the I:iCIII c::eated h«ClIl1de:r. in the manner a:ad llUbjeot to the provisious, rights. IIIld l'OIIIedla as provided In Cbapter I (=enclng wilb ScctlOll72Sa) ofntle 10 of Part 2 of the Cede ofCivi! Procedure.
27
194
"
• r ,
'I
28
195
I, I,', "
~,
d,
~~
In the event Contractor falls to P=fonn the rovcnants and eootained In the Grant !)ogument" , or if any action or proceedkls is COID1IlC!ICCd which materially affects SluIe's interest in the Dcrnlopment, including, but lIot limited to, eminent domain, insolveney. code enfOICClllCOt, arraugemcnlS or proceedings involvillg a banlaupt oi: decedent, finocolosure of any mortgage or cfccd of trust ICCURd by the Dc~lopmem or BIllIJ of tho Development UIIder a power of sale of any Wtrum<:nt scoured by thc ~elopmcnt, !be S1atc, at S1atds 50Ie option, upon IlDIico to ConllaQlOr, may IllIIke such appelll'allCe, disburse JUcb sums, IIJId take such action as is =asarr to protect !be State's, Inten:st, inch!dlng but DOt IimJMd 10, disbll1'SClllW of RIISOnable atIomeys' fee:! and entry upon the Property. A1Jy IIIIIQUIlt8 disbursed by ~ pursuant til thls subpanlgraph, with In1mst thereoa, BhIill become additional indebtedness of Contractor sooured by thls Grant lJen. VnI~ Contraetor and suite ap to Other terms of paynlCllt, SuQhlimoWitS BhIill bO payable Upcii1' notice from Slate to Contrac:tor requeating paymCllt thereof, IIIIdshall bear Intmst !om tb date at disbummeat. Nothing oontained in thls parasmph abaIll'C~ Slate til incur any expense or !ake l1li)' action hcn:under.
t9\
In the cv= that the breucb or violation Involves charsfng tenants rem or other charges in of those permlltccI UDder this ~ LJen, tho ~ may demand the retum of rudI exoeas rcnts or other cIIarps to the affcoted hoJ!seholds. '(f lepI action Is necessary to enfurco tho provisions of!be Otant LieD, the State may seck !be retum of SId! cmreharge to the affected household. CXCOSlI
JDrmwoa
o.
The teaan15 of 1be AssiatccI Unila and any ok teIlants or IIpJIIicaDIs BhIill be conaidered to be Ihhd party bencficlarics of thla G\'ant LJeiI, and ahaIIl!ave such rlgbts and remodies to c:nfurtlo the Program ~ulIeoicotB of!be Omnt DQc~ts lIS'may be avillAblo to third party beaeficiaries UDder the law.
f.
The l"m....!les of the State herennder and under any other Ins1rumcnt prov:ldillg for or evldeoeIng the IjneQpJaI assistance provfdod for the DovoIopmem by tho SCate 8l'O distinct and cumulative to any other rfsht or l'CIIledy lIIIdor the 01'8iIt Documents or aflbrdod by law or eqaity. and the cxcn:ise of OM or more of auch ~ sbaII not be doeIllCd 811 election of remedies and sbaII DOt preclude tho oxercIsc by tho Sta!c' of any OlIO or mme of its other remedies, which may bo~ed 00IICID1'eIIt1y. indepcmIeally. or 8UCCesalvdy.
29
196
.__.. . .._. ... _.
I,
"',
__
...
_-- -- ,- - --
I,
28.
,
Where d~ bave ariseIl whic:b,ln the good 1idth opiaion oitM State, may endangI:i timely COIIIPletIolI oithe D~lopmont Or tW1IUmCllt of iJay ccmdition precedcot or CoVetumt,hereln or mwt In Ulli clahiU ~ iho Property dJo .DGw1OpDieot, tile StBIo may , to ~ ,1Imds fof tho accOUIIt of ContraCtor Without prejudlco toContriic:lor's rights, if • liIiufS 1rom piIriy to iii' w\1lch tho SWe, 1n,IIs dllCtII1ion, deems prOper, ~ biltviitholllllmiiIDgtho gencralIty of tho furegoing, .spemllila to IzulemiiliY atitlo ~ JI8Iiust JXiw"blo asSertiOn of lien oIa1ma, ~ to paydisjluted IIIIiOunts io tIlc.~ orBiit pOtentIal 1ien In,tho Il'/a1t CoIiinlOttir Is Wlablc or Wiwi!ling ,to pay tho'_ aii!ltho llbt. 'All iruns paid or a8recd to be paid ptUSliaDtto SUd1l11ldc!taldngs1uill ,bJ tbt'~tbo ,8i1C1OUm of Coutmc!W. f!1ld C4nlhCiDr IISfC08 to ~ the Sta1li,fOr 8I\Y ~uch ~1Iiadc UPOIl ~ theretbi:W!th lntefe8t III thorato often (I O~) pcJaint pei"lumum,oraljchkiWer die of ~ as may be appfoVed by tho State, from the elAte- of ~· uirtiI C!$ of mmbwac:tiiU Ncith!ng In iliiB oi' ' Other iiecIloo Of tho Grant n_Ciats SIiaU be ~ ti,reqUlie tM S1iito tOadyaIice' mOiiles~ aixI ibcm the amount of
~b
or
~~
tho
~pI!id.' ~uQb~oiDf ~lSmaytakothC:;;
ida""'.t
29.
the RjghtQtCoDieo.t '~sbiIi!haVoI!IDIlg\ltto~iniOod,tliilhiDrclaim, demand, Jcvy or
~ the
aSSertion ofwbldl would cOll8lllule an Bvont OfDeAii.lt bimmder. '.Any BDCh collll:Sl
sIian bO°~tiiildi.IipJily II!lIi in Ii ~ ~cial!litho Sta!o ~t'aio_ oltho Slate UIldcr the Grant~. Upon deimnid,by thO SIate;~ shilll iniIkosilitabie pOvision by dcjloidt.otilmds With 1hI!,~Or bi boiid cir,by tItIa ~ ol_otbi:i~' "'!lfi.6.Ctmyto 1bo State foio- tho PossIbility diat ~ CQiltc$WlU 'J)(; ~ ' ~provlSloli sbaII bC made five (5) daYs idlQo #naad ~ dii4,ifinild¢ Iii
C~~
'. .f "" ;.,
.
,' "
silfJicic,at innUbcr "of 8snowt1iral WCli:= end tholr ilIIIIill~ ,In ilJgt do DOt apply to llve In ' ,
b.
A
c.
~' dWclliog uuib of1heDevoIopmeDt arC no 10. suitabIobecause Ofdeslgu, alze, or 880 fo~ ~ bo"asfIIrlleeda ofthe agriGuI1ural WIlrkm aad tbelr fiImiIIeI ampl~ in ~ area..
d.
Tha COIlIla:;Iox's COJ1IInned COIlJlIUCIWn 01' opezatioQ of tho DcYeIopnCll! II Ill> Jcma... finonclaUy fealblo aad the CoDlradot bas dcmo...i.tatcd to tho AtisfilCllo.n offbc StaIo!hat It bas made a good flII1h eflbrt to COII\I8Y tho ~'for coothme4 \ISO as aarlGUIturaI worker buuslng.
~~oiIt.
30
197
·. - _----_._._ _.__._-...
')1 e.
31.
A publlc agency has taken an action which makes the DeveloPlllent no longer suitable fur agricuJtuIaI employees and their lhmlIlcs, or whloh would require 5llbstantlal cxpc!IlSe8 10 complete coMnlction or maintain the units u suI1able dwdling 1IIlit:i.
AlsignmMm. The SIImI rotalns the tight lit its BOle disomion to II88Ign. aII .or part of its rights UIIder the
COlltraotor shall not assign Conl1:8ctot's intcteSt, or any portiOIl thereof. under any of the ClralIt Documents, or in any mODies duo or 10 become duo tharoImdet, without 1hc StaiII'. prior written CQ11SeI1t Any such BSBignml'llt mado without tbe Slam's consent sball be \'Old. CoullllQtor recosnJzes and acknowledael tbat thiB is not IIIl ordinary commctelallnn!actiOll and thI\t tho S1ltte would net mako the Grant cxcopt In reJianco on CoDlIaotots partieular expertise 811d .1q)IItation, the Stale's knowledge of Coullaulot, IlllClIhe S_SJII'rJerstandlni tbat tho Onnt is mmo In tho naIt1nl of an agreoment Involving persolllll servicos than a SIaIldard JOIIl\. whero the State wouId rely on securl1y which'aIrOady exists. In this Instance, thc c:bvelopmant or operetion timded, or boIh of them, has nOt b=I perfonmid .at tho time of Grant approval and tho Slate b relying on ConfnIctor's.cxpertIso azxI prior experience 10 dewlop aud ~ tho Dovelopment In accordmce wiIh the tcans oftM Cl:a!rt
Doc:wnents. .
. . or amended CIltcepfin wrltmg, eJ'CIlIIted
32.
Amruyhnent 'lhe Omnt Documents sballnot be'a!t=d between or IIII10IIg all tho parties.
33.
partial T11lIaUd~ If any provlaion of the Grant Docnm.ems sball be InvaIid, illega! or 1II1enfuroeable, that portion shall be deemed severed from tho Orant Docnments and tho validity, 1egality and enfOrceability of tho remafnl"J provlaions hinOf sball not in any way be aIfcctcd or Impaired tboRby. unless tho State dc:t"""ines, iil Ita sale dlscmioa, that operation consistent with tho remaUUng provisions would be coaII'IIIy to tho lntclests ottb.c SIImI.
34.
8!qdjng 0!1 SUCtl's"lTS The Otant DocumeoIs shall bind, and tho benefits hereof sball inure to, the respective parties hereto, their legal repzescuta1ives, exec:atora, admjn!st.ratm, tn.usferozs, successors In In=est, and 1ISS1gn,. provided, howewr, that the CoIlt1llClllr may DOt assisn tb.c C3raDt I>oc1:anerl13 or lIllY of its obIigatioll3 hmeundc:r, vollll1lllily or by openrtion of law. without the prior wrltta1 approval of the SIImI. Tho term "Contractor" as ~ hcreiu shaIllnc1uclCl and apply to 1lIIY pcartin or enlity Stzooeedlng to tho ptOJlI'ieImy and possessot)' intaesli of Co.iI!xactor In tho Devdopnent. All covaJIII11:s aud obligations of ContIactor shall be joint and several.
3S~
Reenrd;"; Omnt Tim and TItle lnSlrmnre 'Ibis Grant Lieu, and all amendments bemo, sbaU be cxeoated by ClIICh of tho pmties. 'Ibia Onmt Uen and amcndmenll hcmo, 01'. where app:vved by the State In writIzJg, s. mczno~ tl!enIo( shall be recotdcd agaInst !be Property or rcfereaeed ill the of!i.ollll records of tho c:ounty In wbich !be Development is 1ll1ua1cd. 31
198
.
'." ~ -- ---- --""~
...
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.... ,._
.
. -.
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..... - .... -
_.. _.. -- ---_ ..
,
,
,,
Contnlcfor IhaIJ procure ltom a IillD WI11m' acceptable to tho Statci '4 1970 (or ~ versiOD acocptillile to the state) tp·lO ALTA 1cIIder'a Polloy ofTitle Ins~e{thc''TItlc! PollisY"), with any crulorscmcnt the SIIIie requin;' insuifng the Stale'oflM valldil)laml tho p:iorlty oltho lien a/the .Onmt Lien upo,n !lie PrapC:rty aIldDevcl0pmeDt, in tho prlDaip81 8D1D111l! oitho Grailt; subject only to milltm of rtCOrd approved by tho S!irte in wrilhig. DiIriD8 the temI of the C3tant Liea, Contraclol' BbalJ pri!CIII\l imiI deliver 10 the staID, withln five (S) worIdns da)IB of tho StaID'. iajJiest, othCIT entIorsCm_ ill. thc Title ~lioY8s tho' Slateniay~lyrijqillrc. .-. . .
~yI
may
htdcmrijfiCadmpmd Watw,; ,:. . ~ .' .. a. Co.utraiOtor&sr-·fA) indcmnifjr tho Slate and lir agrtltl; emPro~ and offi.oers against, and holds tho SIato 8Ild il$ 'a3cnta; CliJp10yees mi ofiicc'rl &ann!OSlftom.1IIIY 108101, damagl!!, . II8billtiea. clllms, aotioiis, jndpPms, cOurt costs ai!d !egal or.ok (iilcIuding .~ fcCS)1li evetYlI3II1c, kind 8Ild descriptiOn. wh!cb:dICI Staio may IiI9ur 88 a dJrect or . ~ c:io~ or. (i).thc iiiaIdDg ;iftile PrograDt Gnilt·to Jhe Q¢i'actOl',.o:Iccpt fOl' vioJalioni bf bimldnjlm iIi'~onB by tho StalD; (il} Coiifractor's taihIte to PerWrm any ·.obllialio,ila • mil.wheii ~by tho (lmnt l)ooilIi!i:otS; (li!) any 1ldlufc l!tamY time ofany ·.of ~8 tejhCseu1idiouS orwsmmliea lObo IniiJ Ind c:<=ot;.Or} anY act or oininion
36,
axp.
.'.' .by COnttaCtor, IiiIy CoIiiraCtiir/sulicoDti:8clOr,materill supplier; qm~:an:bi1ect or otlw · PCCIOtt.'cireDtityvdili ·~Cct ' to.ibe.~ Or , tho~On;JD.iJaSemen~ • ". maIli~Or~ o/b; ~ot (v) the ~ ofh8zardoUs rubstaoI1e& (u~~!inthoS~APmei!t).It'\bODoveloPiriCniOroAthe~Orty~ ,COntractor shiill · fiDiounls fnd(IIlD;'" .. . p'aY.tmmc:di.....,,;. . ""':'J. :upon. 1he.StatlI'rdcuialld . ". ~ .. . .owmglimlc.'iifhlJ .. . .. 'J 108ethCrWith lnlSelt fiOnl 1M _ thC Iildcb~sii arises imdI pBld iuliorite~ficn paCIIIl · (WIo) jler'l!IIDunL .Tho dutyof;~ '~traclOt to i,ncIiininify fouIilaVll ~ frio~ the .'dutiei 10 ~cuif is s~fort!iiliSeOlion Z778oflbci.CtrlI OxIC: CoIllrilctoTaliail indeomify and hOld hamiIllsii the sti!tO' aiid iiB . " oili~arid ~Io " a&iCttorili hereln · ~ClIiotihoai(~oi~of~lI~ce~~Ql:~pifmary o
Iieco!IdaiY
the
OCtile
~
tho QiiltmetOr. Or
· ~l~" ~w!rOr .~ ~and
.... •
thcIr~
,
oiIk:eD.
~ed,.,J~/that~· &i!y to
hol4 ,~hemDider.~~ ~1o" ,IiSbility' iiisiD8fiom groA
. •.. , ~t>lwlU1bl ~OCtho Stato. , ~· diltitOmdtiiiriifythlrStiltC"BhaIl
~Ui:c~Qftbi.OiiInt~ciii: ' : , - .
··., ,, .; .' / ': " .. ..... .
b~ ' ·~ritraCtor~vcs ~~~~ ~Iind aIlriJlitJ toanyl)pci& of~ «lmpliedbl=ity ,~~n,:~ the ~~it8;~;.O~~S~CI!q110~. . . • .. . ' .....•... ......•. . . . .. . . c.
37.
Coufractor~y)Vllivea theProtectiooS of ScctiOli 1S42 of the Civil Code in.relalion to
SU!'P1IDi8f8P!J& a iiJd b 8Iioye.
.... . . .' . . . . 0",« pmj,.,jci..,zm Acirlo". Thli breacb ollny conciitian~co_t of tho Grmi DocnmcaI3 sbalJ iIot cIOf'eai or render invalid the iieno! any IIlCirtgagIi or'deed ortruai on the DmiiOpmeot 01' lIlY part thireot'made In sood 1iIith i'oi viIhic, but in caso oiforeClosurc ami forced ~, a.m:v pun:baser will
taka t!t1~ subject to the oonditiOllS snd covOlllllls ot'this Gamt Li~ UDleis tho ·iq.ptI)jitiato amOUDt~ l'IIjlaidfA) tbci Stale III 'lCCCiIdaucO withthc c:oadiliOvs IIiIlcd 'herein or tboStaio hliB CIXpl'CUly ilUbordina!c
.. 199
II
I' .
' .
38.
W.j_ end ForlxarnncI! No waiver by the Stafc of any breach or violation of or dc1ilult umIer tho Grant Docwncnts, or tbr:bcanmce by State in cxarcialng any rfsht or remedy hereunder or othcrwi:le afforded by applicable law, BhalI be deemed to be a waivw of any other or su~ breech or violation thereof or default horeunder or preclude the exCII'Clse of eny such right or IeIIIcdy. The proowement of Insurance or the payment of taxes or other IiCllll or ·charges by Stal!l shall not be II waiver of State's right to s=k other remedies under the Grant Documents. A:ny extcosIOli. oftlmo fur payment of am.ounts due under the
DocUInenlB. 39.
Bfgbt'Ql1nnlgtiyc All the State's rights and remedies provided In the·Grant Documents, gxanted by law or otherwise, are cumulative lind may be exercisod by the State at iny tUne.
40.
<'4ptions Tho capCiOIlS used in the Gnmt DocamC111t3 IU'C inao:ted 0IIIy os a IIl8II=' of conWllleoce and {or ret'=ce and in 110 War define, limit or desc:lbe tho scope or the lmcnt of the Grunt
Doo=1& 41.
CJmrerniog I.8W The Grant Docwneots shall be governed by. and constnIed in IIOOOldanco with. the Jaws of the State of CaIi!brnla. QXI:CP! to the cxtmt pn:eanptcd by.fcdcm! laws. Contractor and all persons.and eatities In any obligated to !be State Ullder the Grant Dootl'nent~ c:onserit to the jorlsdiclion of any federal or stall> court within the S~ of OsIHbmla haVIng proper venue and also consent to s~ ofproc:ess by any JJlCIIII8 8Uthorlzed by CaIltbmia or federa.llaw.
=
42.
Jntegratjpn; Inteqm:ta1ion The Gnmt Documents cootaIn or.expressly ~ bY. ~ tile entire agre«neIIt of tho parties with mpcot to the ma1teriI c:o=mpIlIted hezI:la and IUpaI1cde all prior Degotilltiom. No Otattt Dooument shall be modl1ied Oltcept by wriUen instnmteat CKeWtcd by all tile parties Ih=to. A:ny maeuce in any of the Grant DoonmcnIJ to the Property or Dovdopment shall incIudo all or any parts of the Pzopc:rty or Devalopment. An.y referaneo to the Ormt DocumenIB in any of the ClnmI Docnments InI:ludes any amendmCllllS, n:newals or extcIlIIons apprt>Va! by the Sta1c. A:ny refe;alcc In the Gnmt IJoonrnc:nPr to "Cbe Orant IJc.>o ,jil! 'CAts' man Include aU or any of 1M provlsIoas of the ClnmI Documents unless ~e specified
43.
John and S"YtJ"BJ I Jab!11Jf The liability of aU pe!8OIIS und enti1ics who are in any lIIIIJIIlor obIigated under any ofthe ClnmI Documcn13 abalI be joiDt arullIIVmII.
44.
:&tfaI. Written notioes aDd other wriUm oommlll!icatlOIlS by 8IId botwI:aI the parties b=to shall be addreascd as set forth below unless and !Dlfll a party hereto bas, In wrItlDg, c:ommnnicatod a different address to the other party hereto. &cept fill' any notice n:quired under upplIeablc law to be givcnln BIIOthcr m!!lll1Cr, (I) any IID!ico 10 Contnll;tor !I'Ovidcd for In the C4'ant Dclcuments sbalI be giwn by mailing such notice by oertitiecl mdl addr=ssed to Camractor at the addrw horaunder; and (u') lilly notice to Stale sbaU be givea by certified mall, rettmI receipt reqUested, to Statds DWIiIis IICId=!s stated hcrdn. Any notice provlded for In the Grant DocumcIIIII sbaU be deemed to haw been giVClII to Contractor at Stale when given in the "eslgnated herein.
=
33
..
---~---------- .- --.- ~.--------------
200
..-- --- ---
. -_
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.. ,
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.
.
Amon. And AuO!;,C,)!S Fcc. The State mayeomi!lence, appear in or delbnd any action or proceeding
45.
' i3~t"cr tn- Aff,:a~ ~ .p,;;~~ '~_1"'_"'" ~ n~_..-.-"': ~ .
.
"
.
oJ
~ .,
•
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.....
.
,.. •
~i
-
.
slaWs fur f~ . on s". Arliri$ ." .. ". o;n .. ~";";:On ......~ ..i-;;,l.. ~ . '. -ilte:-,;f;.;:..i,.; ' . ~ •.., bi;n;hi~ . ." . . up ....., and tilly
4fj. . '"
~/~~~~aIid~~tll'k~1~:~~
ani! a~planSiIIii:ls~i;1i#cm,: 'w!Ii .~ tibii ,bi slliiifllildby, ~s &gemS'fOr their own pi'~oi!. " 0n.Iy1indilei,liuii: 'State 'poxSQte'&' ~1J:IiIl ~hc ~. .tO Jiii'I'e ~ tilly .~bi1.fty of ContaicWi WIth'~ to ' .' SOOb lIO!!oil horein'lUlhorlzed or 1abm bi State or
47.
48.
. Re1"ttimsbfpnfpj!riiiw1bema1lo1JilI>i.;;otCont:iaCtOr.1lIid the Siiiie IU1def the Omiii Doc\Imett!S la,
lIndiilieiliailfimeS~ soleiY,g:; Of ~'abii.~ .nib S1aiD1ICl!iXt iIodeirfWs nor re ... . lbiiitiCr dutY toCo~ ortci" inlldpSrtY'i'iftii~ to the properlyfor
8sS~ ."
thoDeve::ji~q,ta$'~~ed ixithe~fl)ciqnnientt · .
49.
. '
'-. :'.'-' ", .:., . .:..., i,'\ .~-..;.-:':::.. -:.: : ( .7: >,: :: .. :-:.~.,- ::.- .. ' ., ..:' :" . -: . ::',: :;:-~:.: ' .- ::.:.: .. . ,'. .e\iiJN;rity i¢j1!j01'fri'iQi.s.~~ ~ ~ ~ the Slide, u .ContracIor's ~·in:·fiiCt;Wbii£~iS~lcid .willianintCrest.to~iiild~oneitherofthem,in tbeSiiltriI or"CoiitiacIoId _ ,' any ~ ~isOr .dOcumc:Dts that the SIIIIe detms a~tO'~ ibe. .SlaIe's' IiItere.st lIIldei' any Ofth~: Oiatrl: DOCuments. . . '.. . . "
so. .Special C.ondition• and RtqlrirrjaI';""
,
Tho Con1nictQr aSrc
34
201
In witness thmfulll the parties hereby execute and euter into this Grant Lieu and Regulatory Agreement as of the date lim set forth above and agree to be bound hereby: .
STATE
CONTRACTOR CoWlIy of San Benito
By.
~~
Name: Kalhryn D. F10rcs Title: llltecutive DIreotor, CSWD
Name: PatDyas Title: Manager.lSJFHG
Contractor's Mailing Address: San Benito CoIInIy Cnrn!!llmity Services & Woddb.tce Devolopmeot Department 1131 San Felipe Rd. Hollister, CA 95023
MaiIins Address:
Fannworker Rousing Grant Program P.O. Box 952054 Saamnenlo. CA 94252·2054 Prlnoipal PIaQo ofBusln=:
IBOO 1bint SIIllet SammentO. CA 95814 APPROVEDAB TO IBGALFORM:
KARBNR. FORCUM. COUNTY COUNSEL
, 3S
202
STATE OF CALIFORNIA ) )ss. )
County of Sacramento
On
Nove!!lber 16. 2004 . before
Pat PyaS, perSOnaJly
be:
kncmJ)
rile,
to me
patricia Evans
,personally appeared
(Sf pFeV~G te File ~Il IRe. sasle sf &IIlsrastery
S\lls8Rse) to the pei'S~(6) who!sJaAt IiUbScrlb!idtO ttlEJ WIthin tnstrumeni and acknciWledgecl. to me ltJat ' /1eIslleAlley exeCuted the same In hlsJl:leFAAefr authorized capaclly(lae), andltlat by hlsJA~rlthelfsfgmiiure(&)onthe Instnirnent theperSon(s), or the entity bellSlf of \Vhlch !he pelSon(8) acted, exectited the InSln,lment. . . , .
on
WITNESS rriy hand and offIclal • •
My commIssion expires .
Jjljy 14.2005 '.
.
'.
•...
203
._--
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ATTACHMENT A TO GRANTLII!N
GRANT NUMBER: LEGAL DESCRIPTION
36
204
_--- _._.- -. --._- --- ---- ... . .......... If
"-'
- . .. ,. - ........ . -. ,
!.. '" AT'l'AgHMBNT A
PARCBL2
BEING APORTION of Homestead Lot 45 ofllio San lWlto Ranoho, accordhlg to tho Map th/ltcot'fi!ed roly 21, 1876, hi. Vot~ t ofMapa, at page 64,SIII Beaico County Reoord.s, IIlId being Iilscl ipottiO!J, ofPanicll accordingto'1udgmCat No. 5483 filed Octob«20. 1953 in VoJIIIiio ~ ofOfticfal ~rd,s, it page 309, San Bcuito Co1ll1ty Reooidl, aild boillg more particularly ~ loll folloWa: .
.
.
BEGiNNING at apoint in tho 1inO COmn1on to tho wastoriy !inc oCPareoI Map (poM. No. 100390) aGCoJdinBto the Map filed Octobc:r31. 1991; in BoOk 8 otParaeiMape. at page 46, San BeIIiio CoimfyP.ec:onb, aild tho oUtady!iD8ofieldParoeIl, aaid pOiDtboiDs SoUth 21° 54' 21"
East456.S2fcet~th050.sledy.eOmerOfthat(l_~~lofhlil4~toADplo lompa, ad Aju:s MAy lompa. hUabmd and.Wire, IIJOint.... iinumflVided In iIi.tcr=t, and
toWd,I'er~Iiidwnu.m~~mea;eaohaiJlliIdiridedlt,3infi:tist_aCeotd/Dgto the Grant~~lq~16.1961U:iVolumc~ otomeia1~atp.261. san BCnitoCoIlll1y ~~ thciDCO BlQlIs Aid GOinmOn linc SOlIIh 21° 54~ 21" Eiit 312.03 feel; thao.1ciayjngSlid (iOnuD0iilino IDd ~ SiiiJIb 68·~· 3~ weist 48.50 CoOl; tIia1cO North 86" 44' 4$"West 72:n feCt;.1hcQCCj aioi;Sim ~foaCot!m 1bii~ (6) COIIIICS aDd diBtanceS:(l)Nortll13°22' 04" W~ 71.59 ~1I1eoCe(2) Nold1no.41' 31":West Z,3.37 tbOI; ~ (3) NOr!h~· 31',12" West 129.71 tcct;1hc:IIcO (4) N~13.· 33'son~20S.00 tOcI;~ (S)N:cirifi8oo 40' OJ" EasQ89.1Sred; lIieIiCo (6) So\lfli73° 03'21" BaSt 195.92 &ct to~o ~onecr,;.;"";·
... . ..
. ..
.
,
CONTAtmN01sBRmN2.96 amw otlaDdinOlecrlesa'.
.. \040$\
205
AITACHMENT B TO GRANTLlEN GRANTNUMBBR: DEVELOPMENT DETAILS
1.
a. Development LocatIon ~ital A): HoUiskl, SaIl &mto County b. Descrip1ion ofDovelopzueot: RMa\IlI!Ia!Ioo of Farm Labor Center Aas~ Units:
c. Total Units: 286
286
Assisted Unit Dimibutlon: 286 Assisted Sleeping Uults d ldellili!cation of Application: M I Standatd AgJ'eemen1: Date:
July 27. 2004
e. D4Io of StIIffR.eport Approved by DJm:cor: f. General Purposes (cbcok 1111 applicable): Manafi1ctuI'ed Structure --.J Acqulsltlon_ PmlcvclopmenL-; Site Development --: New CollS1nllltion..:..-,; Rebabililation X-l Re6MtKling : Other: g. FIscal Ycer(Paragmph 3.1.): lu!y I-Juno 30
2.
x.m: a. Staodard Agreement Tcnnlnatlon Dato: DeCcJnber 31,2006 b. 20 years (twoaty Years) c. Iultfal Ooonpency 0=: units cum:ntly occupied d. 3. TsrtaII!WHG Fllnds a. Amount $ 1,000,000 ii. Lien Position: 1st ColWllCtlon Phase:
Matgbfng Sham'
a. Amount $ 1.631,875 b. Proposed SO=9 and Respective Amowi1:s; COOS. SAN BENlI'O COUNY, OWNBRS BQUID" 37
206
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PONSTRUCItON
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c. Other iimds shan be used COIlCIlII' folloWs: ula . CIlII With Oraot fImdI, .except IS . .
4.
Tlen pripritim
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(pennmiimi fiDmce) . . ~~IAlaQor . . I • ",'" """ ' .
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I SAN .
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bats: .. Ialt!al: DAILY BED RATB-$,S.OO
38
207
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)
befOre ma, Toni M. AoyaIla
P. I
,
STATE OF CALIEORNIA
)
COUNTYOF_ _ _ _ _ _ _ _ _ _ )) SS.
~~--------------------
On ,Aum.It& goo4
a NotaryPulltlo Inlll1d fOr said CcunlyandStal•• pemI1IIIly aPpeared. _____________
thl
peraonaJJy known lie. ma (or,P1'OYIid ta'ma on bas'" d Rliafactcly .evIdenCe) ta be ,lilt ponoo(s) whoae niune(a) Is/ara eliHorlbed to !he. WIthIn Instrument and acknowladgecl to rna thai h.ajshe/1he'l mceouied the same In hla/her/lhelr 1IIIIh0000ed CIIpIIClty(leal. and IhaI by hlajherjlhelr elgnaIure(s) on tllelnstrument the pilrSOn(e). or !he entity upon behalf or which th4 persan(s) acted. GXacuted the InsIr!unent
WITNESS my hand and CII!lclql,NI.
208
_, - 0.- __ • ___ •__________ 0.0_. ____·• ~
••
.. I
1111111 "111111111111111111 N11111 2121121'7-1211211213722 Re~rded
Official Records C•••1f af
FREE RECORDING IN ACCORDANCE WITH CAL.IFORNIA GOVERNMENT CODe SECTIONS 6103 AND 27383
I REC FEE
0.00
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I San B.nlla I JOE PIlUl. SOHlALEZ I ClerH.cord,r I' I
I DS
ReCORDING REQUESTED BY AND WHEN RECORDED MAIL TO;
e9r8W!ll 02-May-2087 I
Pa9' 1 of 9
Department Of Housfngand CcmmunltyDevelopment P,O. Bqx 952054, (JSJFWHG) Sacramento, CA 94252-2054
.::IF &,30 f F-~ , '. DEPAIUMENTOF ROUSING AND COMMUNITY DEVELOl'MJNT .. JOESBRNA;JR., HOUSING (1SJFWHG) .. .... . . .. FARMWORKER . .. ... . : ... .. GRANTPROGRAM . . . . " . ." . . . . MODIFICATI()N()F DEim ()F TRUST . '., '. . , .... , ." Aild . '.' .... .... MODIFICATION OF PROMISSOR.YNOTESECURED '.. . '. . . . . . . 'TRUST •.... •..... BY.DEED OF
. ··..(Jid·· MODIFICATION OF REGULAT()RY AGREEMENT '.' " .' . . Arid .....• ..... ...... .'
NOTIFICAT~~~6.pt:JrrCATION OF '. . And.. . PROMISSORY NOTE SECURED BY DEED ()FTRUST
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REGULATORY AGREEMENT
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···LoAN NUMBER 03-FWHO-276 ..
and
This Modification of Deed of Trust Modification of PromissoI)' Note Secured by Deed of Trust and¥odification of Regwll;tory Agreement and Notifieati9n of Modification of Deed of Trust and Promfsooty Note S~d by. Deed of Trust and ll,egullitOry Agreement ("Modification Agreement'? Is dated this 2StJidayofMarch 2007, for referenCe purposes only, by San Benito County (the "Borrower"), and the CALIFORNIA DEPARTMENT OF ·HOUSING AND coMMuNITy DEVELOPMENT (the "Lender"), RECITALS
A. Lender made a loan to Borrower in the principal amoWlt of One Million and Noll 00 Dollars ($1,000,000.00) (the "JSJFWHG .Loan") to develop and construct" 286-Bed Dov: SQUtItJ!do Road Mign:nt Farmworker Labor Camp eanmlNo: 0l-FWIl0-276 I'IOp: lll8!1Y1
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rental housing development known as Southside Road Milirant Farmworker Labor Camp (the "Development"). The JSJFWHG Loan is evidenced by that particular Promissory Note dated October 28, 2004, and signed by Borrower in favor of Lender (the "Lender Promissory Note"). B. Repayment of the Lender Promissory Note is secured by a Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing Construction and Ponnanent Financing Loan Number 03-FWHG-276 dated November 19, 2004, executed by Borro\m' for the benefit ofl-ender (the "Lender Deed of Trust''). C. The Borrower has also entered into a Regulatory Agreement (Rental-Loan) (che "Lender Regulatory Agreement") governing the maintenance, use and occupancy of the Development. D. The Lender Deed of Trust was recorded as a lien on that particular real property described in Exhibit "A," which is attached hereto and made a part hereof (the "Property"), in the Official Records of San Benito County (che "Official Records'~ on November 19, 2004, as Series Number 2004-002104. E. The Lender Regulatory Agreement was recorded as a lien on the Property in the Official Records on November 19, 2004, as Series Number 2004-0021048. F. The Lender Deed of Trust and the Lender Regulatory Agreement shall be collectively referre4 to herein as the "Lender Loan Documents." G. Borrower now desiras to borrow an additional $2,000,000.00 (the "Lender Augmentation',), and Lender is willing to advance said additional sum on condition that: 1. The principal amount of the Lender Promissory Note shall be increased by
$2,000,000.00; 2. That the Lender Deed of Trust be modified to reflect the increased loan amount; 3. That Borrower shalJ execute this Modification Agreement; 4. That San Benito County coments to the Lender Augmentation and consents to the encumbrance on the Property by the Modification Agreell1ent; 5'. That this Modifioation Agreement shall be recorded as a lien on the Property. NOW THEREFORE, the parties hereto agree as follows:
1. The Lender Promissory Note is hereby amended to increase the principal amount by TWO MILUON AND NOIDOLLARS ($2,000,000.00) as evidenced in the Department's Standard Agreement Number OS-FWHG·328 dated September S, 2006 for a total principal amount of1HREE MILLION AND NOll 00 DOLLARS (53,000,000.00).
Dev: SouCbsidc Rotd MIUlnt FatmWOI'ker L.bor Camp
Page 2 0(6
Contract No: 03·PWHa ..216
Prep:
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2.
The LeDder Deed of nusr, page. 2, JlII'ISl8Ilh B., Is Mrcby amendod to reed .. follows; The urtercsr. herein conveyed fui!hi PlIIposc of sacurlng to State (i) tho repayment of . the fndcbtcdMs.1 evidenCOd by ThzStor" jiromlssol)' now date
uc
3. Tho Loncler Regulatory Agrooman~ page I, IOcOntI p8rSSraph Is hc.reby amended to read as follows; rn eonsldmUon of io loan La In """'unt to exeecd Thfe. Million and NoIIOO Doll.,. ($3.000,000.001 aWaidOti by Ibo Stato, Borrower cOvenants, ",d 08"'01 •• follow;: .... .
it",
pro.,
4. A~aohment B to the Louder Regulatory Agrecmen~ pallgrilph 3.4. I• ./Jaroby /lmClldcd to ' .. read os fallows.: AmOunt': S3,OO(),OOO.00 .•.. . .;' , . -.' . ",.~ . . .' " : 5. . The Lend";' RCguIai0tY A~e;,i Rider Is hereby lI1lICndod.to read os ' follo..y.: .ThIs Rider Is ittiWhed to and made a part ofthedoCumcol.cvldCiIClng 8\1d Bi:cur!ng iih>on (tho "LoaD") Ii! the amOlDit orThree MilUon and No/ioo Dollai1i{$3,ooll;OOO.OO)ra8de tiy tho DePOrtment of HoUsing and cmrumu.fty DOve10p0,.i,t. io ~6tlo .,gOliorof a.e 8tIIa of CalirOnila (tho "DOpaitmoitr,) 'ta.;San· Benito ' COunty {tb,o,.RB.;,;ower"jfo,. the ..nalli.icuon. ,~oI~i. : ana p.m.iiioi!I financing of the Southlfdo RoOd .Migrant Fannworker Labor Camp (the "D.volDpmeDt"). . .. . ' .. . ..,. . ' . . ".
6.
AU'o~ term. aad CDi.Ilti~~ ~r~~ Londer P;"mls.i~ry NatO; lb. ~er nCed ~TnlSt, . and thO Leiider Roguflt!ory A~f ~Ii ~ed·&itd 1M fo .full force and.1ic
7.
Boncwe; ~br~.n1Il.th.Reanlatloa of this ~cxMoatIon APmenl ~ an .~OumbnulceOitthe l>roP"'r' " . ' .. . • .. .... . . ' '.. ,
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BORROWER '
LENDER
San Benito County
BY:~r~ rca Flo s Executive Director
Department of Housing and Community Development Benjamin Dudek, Progrsm Manager Joe Serna Jr. Fannworker Housing Grant Program .
APPROVED AS TO LEGAL FORM: Dennis LeClere, County Counsel By:
~ d.1Jj~ Shirley L. Murphy
4/17/01
•
Deputy County COunsel
ALL SIGNATURES MUST BE NOTARIZED
Dev: Southsld~ Road Migrant Fllmworkcr Labor Camp Contr"" No: OJ-FWRG-276 Ptop: 31lBlO7
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STAre OF Gallfprolo COUNlY OF _Sa"""'n...BeOiiW0Itg .......---'_ _ __ On AprD 36, 2007
before me, Tainmy DaylS, Notary pubnc (Name of Notary public)
personally appeared"--"K.. ath~n':un-"Fl... ou;reil .s_ _ _ _ _ _ _ _ _--:-_ _ _ _ _ _-'-_ __
of
persona known to me (or proved to me on the basis satlSradllry evtdei1Ce) to b~perSQn(s) whOSe name( Is bscrtbed to the withIn Instrument and aCknow~ · to me tIlat he~ey executed the Same .!n · h~ Ir authorlzed capadty(les),andthat by h · .·. e!islgnliture(s) 00 tile Instrument liJe person(s), entItY upon behalf of whldl the person(s) a . I executed the Instrument,
(This area for notarial seal)
(notary)(OH2)
213
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BORROWER
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LENDER
San Benito County
Department of Housing and Co ity neve;,ent
By: ICathr)nl Flores
ElCecutive Director APPROVED AS TO LEGAL FORM: _ _ _ _ _ _....). County Counsel By:
ALL SIGNATURES MUST BE NOTARIZED
0..: S.ull1sldc R
PalO 4 0(6
Prep: It.:l:8107
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7 STATE OF CALIFORNIA County of Sacramento, " ,""
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On March 28, 2007 . , bi!fore me. Vicenta C. Ruelas Notary Public. personally appeared . BENJAMIN DUPEK , personally knoWn to me (or proved to tria on the .br:isis of saqsfactory evidence) to be the pSl'$(in(s)who 19Iare subscribed to . the within Instrument and acknowledged to me. that /191shelthey e)(ecuted the same In hl9Iherlthelr authOrized oapaclly(les), and that byhlslherlthelr slgnature(s) on the Instrument theperson(s). or the entity. on behalf of which the person(s) acted, executed the inStrument. "' ."
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WITNESS my hand and officialseal. .' "
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.•... . 'f1C1Nl1 C. alJEIAS
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C\:IIM)IIIIcill1571079
NOIaty NllIc ~ CaIIomIa
"" 1aci00il,nlO Courtt
. . . . . MyC:"';riu,pho n.7.
215
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Exhibit A Legal Description PARCEL I BEING A PORTION of Homestead Lot4S of the San Justo Rancho, «cording to Ibe Map tbeROffiled July 21, 1876, In Volume 1 or Maps, at page 64, San Benito Oounly Reconl8 and being aiso a pattlon of Parcell according 10 Judgment No. 5483 ftlod October 20, 1953 in Volume 199 ofOffic!a!
Records, ~t page 309, San Benito CoWlty Rcccrd~ and being more particularly described as follows:
BEGINNING at a point in the line common to the westerly IineoCParcel Map (p.M. No. 1003-90) according to the Map filed October 31, 1991, in Book 8 of Parcel Maps, at page 46, San Benito County Records, and the easterly line of said Parcell; at the southeasterly comer of that certain parcel of land conveyed to Angelo Lompa and Agnes May Lamp, husband and wife, as jo4tt tenllllts, an undivided 113 interest, and to Walter Lampa and William Lamp, single men, each an undivided t 13 Interest according to the Grant Deed recorded 1une 16, 1961 in Volume 268 of Official Records, at page 261, San Benito County Records and running thence along sald , common line South 21 • 54' 21" East 456.52 feet; thence Jeaving said common line and nmnJng along an existing fence the following (6) courses and distances: (I) North 73~ 03'21" West I 95.92feet; thence (2) South 80° 40' 01" West 189.15 feet; thence (3) South 13° 33' 50" West 205.00 feet; thence (4) South 72° 31' 12" East 129.7S feet; thence (5) South 72· 41'31" East 233.37 feet; thence (6) South 73° 22' 04" East 77.59 feet;.thence South 86· 44'48" Es8t 72.77 fee!; thence North 68° 05'.39" East 48.5.0 feet to a point in ~aid common line; thence along sald common line the following (3) courses and distances: (1) South 21 ° 54' 21" Easti89.5&feet; thence (2) South 34· IS' 55" East 1193.28 feet; thence (3) South 26· 45' .00" East 434..66 feet to a point In the cllSteriy line of Southside Road, being also the westerly line of said portion of Paroel ( according to 1udgment No. 5483; thence along the easterly line of Southside Road, being also the wl;S!erly line of said Portion of Parcel J acoording to Judgment No. 5483 the following (13) courses and distances; (I) North 70° 44'47" West 23.40 feet; thence (2) North 58· 38' 47" West 138.66 feet; thence(J) North 47° 44' 47", West 96.98 feet; thence (4) North 36°j2'47" We&t46'S.90 fect; thence (5) North 39° 44' 47" West 661 ..08 feet; thence (6) North 62· 22' 47" West 387.48 feet; (7) North 51° 29" 47" West 277.57 feet; thence (8) North 32· 46' 47" West 505.52 feet; thence (9) North 19° 39' 47" West 384.80 feet; thence(IO) North 33° 27'47" West368.54 feet; thence (II) North 48° 18' 47" West 588.55; then~e (12) North 28° 03' 41" West 18S.34 feet; thence (13) North 0\° 36'47" West 10.44 feet to the southwesterlycomcr of said parcel ofland conveyed to Lam,. et al; Ihance along the southerly line of said parcel of land conveyed to Lompa, et ai, being also the northerly line of said portion of Parcel I according to Judgment 5483 South 79° 13' 21" East 1178.36 feet to the point of beginning. Asse$BOr's Parcel 020·320-03 ( Dcv: SoutM1dc ROld Mfemit Fannwortu ~r Crmp
Ca1Iraet No: OI·PWHOoZ76 P"p: 3!llm
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PARCEL 2 BEING A PORTION of Homestead Lot 4S of the San Justo Rancho, according to the Map thorcQffilcd July 21, 1876, in Volume I of Maps, at page 64, San Benito County Records, and being also a portion ofParliel1 aocordingto Judgment No. 5483 filed, Ootober 20,1953 in Volume 199 ofOfficlallU:cords, at page 309, San Benito County Records, and being more particularlY descrlbed.as follows: BEGINNING at apoint in the!ino conunon to the westerly line of Parcel Map (P.M. No. 1003. 90) atcordingta the MapIDed OctobOl' 31, 199" in Book 8 ofPlll'Cel Maps, al page 46, San Benito CoUnty Rccofds, the easterly line of said Parcell, Said point being SoUth 21 ° 54' 21" East 456.52 feet from the southeasterly corner ofilia! certain plll'Cel ofland conveyed to Angelo . Lompa and Agnes May LOinpa; husband:aildwlfe, as joint tenants, an Wldivided 1/3 interest, and to W!!Iter Louips wid Wiliiarn Lompa,slrigle men, each iIIl undivided 113 interest according to the Grant Deed recorded JIUlC 16, 1961 in Voluiile 268 orOfficlal RecordS, at page 261, San Benito CoWity RecOrds, th~nce along sBid common line South I I i> 54'21" East 312.03 feet, thence1j,aVitig .saill.cammon lincmd l\IIIIlliIg Soiiili 68· OS' j9" West 48.50 feet; thence North 86°.44'48" West 72.77 fect; thenCe along an exiSting fence the following (6'j courSes and distances; (I) Noi-ih.73 0 .22' 04" West 7759 teci;thence(2) Nortli 72° 41' W West 233.37 feet; thence (3)Noith 72° 31' 12" West li9.7S feet; tIiCnCe (4) North -13° 33'S()~Bast 205.00 feet; thence (5) Noi-th80°4(j' 01" Easi 1.89.15 feet; thence (6) SoUth 73°03'21" EaSt 195.92 feet to the Point of begiiuJiilg. " . . . .
and
Asoossots P~el 020-32~-o30
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Dev: Sou"",d. Roed Misnnl Fumwo,f
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SUBLEASE '. I
The San Benito County Farm Labor Association, as landlord (LANDLORD) and the Homeless Task Force as tenant ("TENANT') enter into this sublease on the date stated next to the signatures below. TERMS
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1.
DURATION OF SUBLEASE
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The sublease shall commence on the Friday after Thanksgiving of each year and end on March 15 Q, of the following year unless sooner terminated as specified herein. Unless either party gives the other party written notice within not less than nilJ.ety (90) days of the expiration of the sublease, the Bublease shall automatically renew for a one (1) year period oftime upon the S(ln1e terms and conditions.
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2.
DESCRIPTION OF PREMISES
The LANDLORD agrees to rent to the premises commonly known as: 3239 Southside Road, Hollister, CA 95023 to the TENANT.
3.
RENT
In consideration for subleasing the premises to the TENANT, the TENANT agrees to pay appropriate rent to the LANDLORD'S camp operator to cover operating costs as specified on Atta.chment A. Attachment A is made a pru:t of this lease.
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4.
SECURITY DEPOSIT
TENANT will deposit with the LANDLORD the sum of Zero ($0) DoJIaxs as a security deposit consistent with the provisions of paragraph 11-4 of Attachment B.
5.
USE OF PREMISES
The premises are rented to the TENANT for the following purposes only: Overnight Homeless Winter Shelter. The LANDLORD'S camp operator shall furnish 14 bunkbeds with two mattresses each (28 mattresses). The maximum number of sheltered persons shall not exceed 28. Should the LANDLORD and the TENANT agree, the rent for any additional space sluill be $15.00 per room per night.
6.
ADDmONAL TERMS
The TENANT'S use and occupancy of the premises uruier this subleaSe derives from the LANDLORD'S lease of the subject premises from the County of San Benito (COUNTY). The TENANT shall comply with the tenns and conditions of the LANDWRD'S lease. The rights and duties of the Palties to this sublease are governed by the. terms of the additional attachments which are adopted below and by this adoption are made a part of this sublease.
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Winter Homeless Shelter
PS #3 att AJ
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INFORMATION ABOUT SUBLEASEADMlNISTRATORS
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The following names, titles, add:resses )~nd te1ep~one numbe~s are the pertinent information for the respectiv.e lease~9.ministratorsfor the parties: LANDLORD'S Sublease Administr~tor:TENAN'r;S
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Gary Gorizales,l':i:esident , '. , , ' ' S~Benito Coun.ty Farm Labor Association 1196'Buena Vista Road ',' ' Hollister, California 950:23 Telephone No.: (831) 637·3512 Fax No.: (831) 637·3552
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S~blease Adnunistrator:
Kathleen Z. Ruiz, Chair san l)eni.to cOunty Homeless Task Force
P.b.Box27J,O HoJ.lister, California 95023 Telephone No.: (831.) 637-2258 F~No. : _ _ _ _ _ _ __
ATTACHMENTS
8.
The following attaclunents which are adopted are made a part of this lease.
1
Adopt.ed ' '0
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Not Adopted O · 0
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Attachrilent A - ConsIderation for Sublease Atta~funeni B ~ Gene~al TerlnS and Conditions Attacfunent C - Map ,
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H:OMELESS,TASKFORCE:
FAAM LABOR ASsoCIATION: .
M-iM .
~,BenitoCoulltY'iumLabor Association
Date; N:i. , ~. ' ,
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, S.mB~ito<;qunty Homeless 'l'ask Force
Date:
PO-oS-
APPROVED AS TO LEGAL FORM: Claude L. Biddle, Interim County CoUllllei
CONSENT TO SUBLEASE: SAN BENITO COUNTY
J! / /U/V-
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Reb Monaco, .chair San Benito County Board of Supel.visors Date: ,.1.2? --l2 $'
Winter Homeless Shelter
PS #3 att AA
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ATI'ACHMENT A
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CONSIDERATION FOR SUBLEASE TENANT shall provide the following consideration to the LANDLORD on the following specified terms: A-I. TENANT will pay $125.00 per day for each day of occupancy, to compensate for the use of camp facilities and operating costs such as gas, water, sewer, routine repairs and maintenance.
A-2.
TENANT agrees to render the following additional consideration as rent: NONE
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Winter Homeless Shelter
PS #3 att A.S
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ATIACHMENT B GENERAL TERMS GOVERNING . , . B-1.
Tim OPERATION OF TIDS SUBLEASE ,'
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Occul?ancy. T1fup~inises ~hail be occupied only by the TENANT and persons
served by the TENANr,:
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B·2.
Toint and Several Liability. This sublease isbetwe~ the San Berito County Fmn Labor Association and the named TENANT. Therlamed TENANT is responsible for perfortnanceof itsof,ligatioriB uiuI~fthis sublease. ..
B-3.
Indemirl£ication of COUNTY. The TENANT agrees to indemnify, defend and save harmless the cou:NTIi' and the COUN'I'Y'!loffkers, agents and employees, from ahd against and all clarrns and losses whatsoever arising out of or in any way ,related to the TENANT's performance under thls sublease including, but no!: liriJitedto, Clair.n$ for properW damage, personal injury, death, and any legal eXpenses (such as attorneys' fees, court costs, iuvestigation costs, and experts' fees) incurred by the COUNTY in connection with such claims. The TENAN',I"s "performance" includes the TENANT's action or inaction and the action or inaction o£the 'TIiNA!'fT's officers, employees and agents.
any
B-4.
B-5.
SecUrity Dep()Sit. .n(e·~ANT wjl1 deposit with COUNTY the sum specified in paragraph 5 of this sUblt'.ase as a security deposit. The LANDLORD will hold the security deposit forthe fuithf~l performam:e by the TENANT of the TENANT'S obligatioruiun:der this suble,!se, mduding payment of rent and, after 8uuender of the premises, cleaning of the premises, repair ' of the premises excltl1live or ordiniu,}, wearllrl.d tear, an~ to remedy any default in the TENANT'S obligation under the sllbleas~ to. restore, repla<;e, or return peJ.'Sonal property ot ai>pur.tenlUl~~cIlif-iveo£ ~rdinary wear mdtear. Within two weeks after the TENANT Jus vacated the premises; the COUNTY shall furnish the TENANT with an it~d, Written statement Of the basis for, and amount of, the security receiv~ and its ·expenilitul;e, and will retiirn my remaining portion of the security deposit to TENANT. '
Cont;lition of Premises. ~e ' TENANT has inspected the premises, furnishings and equipment, and has fOund them to be satisfactory. All plumbing, heating and electrical systems are operative and are deemed satisfactory.
B-6.
TENANT'S Obligation. The TENANT agrees to perform, at its own cost, the following obligations, and the TENANT's failure to perform allY or all of these specified obligations shall be deemed a default under the terms of this lease: 1.
To keep the premises as clean and sanitary as theil' condition PeJ.'mitsi
2.
To dispose of all rubbish, garbage, and other waste in a clean and sanitary
malmer;
Winter Homeless Shelter
PS #3 att A.6
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To refrain from wi11fully or wantonly destroying, defacing, damaging, impairing, or removing any part of . the premises or the facilities, equipment, or appurtenances, or permitting any person on the premises to commit such acts;
5.
To comply with all federal, state 'and local laws regulating and/or pertaining to TENANT" s possession of the premises.
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! B-7.
TENANT Conduct. The TENANT may not disturb, annoy, endanger, or interfere with occupants of neighboring buildings. The TENANT may not use the premises for any unlawful purpose, violate any law or ordinance, or corrumt waste or nuisam:e on the premises. The TENANT is responsible for all costs associal-ed with any improper conduct or violations of any law or ordinance.
B-3.
TENANT'S Obligation to Maintain Premises. The TENANT, at its own cost, shall maintain the premises in good condition. The LANDLORD shall not have any responsibility to maintaib the premises other than routine repairs and regular mail1te.nace. The TENANT waives the provision of Civil Code Sections 1941 and 1942 with respect to the LANDLORD'S obligations for tenantability of the premises and the TENANT's right to make repairs and deduct the expense of such repairs from rent.
B-9,
LANDLORD'S and COUNTY'S Right to Entry. The LANDLORD, the COUNTY, and their duly authorized representatives shall have the right to enter the premises at all reasonable times for any of the following purposes:
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To use, operate properly and maintain in gO
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To detennine whether the premises are in good condition and wllether the TENANT is complying with its obligations undeI this sublease;
2.
To perform any necessary maintenance and to make any restoration to the premises that the LANDLORD deems necessary to mamtaln the premises in good condition;
3.
To serve, post, or keep posted any notices required or allowed Wlder the provision of this sublease or of the COUNTY'S lease to the LANDLORD.
B-10. Alteration. The TENANT shall not J'nakeany alterations to the premises without the LANDI.DRD'S and the COUNTY'S prior written consent. B-U. Public Liability and Property Damage Insurance. The TENANT at its cost shall maintain public liability and property damage insurance with a combined limit of $1,000,000.00, and property damage limits of not less than $l00,()(){).OO, insuring against all liability of the TENANT and its authorized representatives arising out of and in connection with the TENANT's use or occupancy of the premises.
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B-12. General Insurance Reguirements. Without lin:riling the TENANT's duty to indemnify the coUNTY, ' the TENANT sruil) ,comply with the insurance requireme.ntshereina.£ter set forth in the fono~gparagraph. Insurance shall meet the following requirements: ' ,
1.
Each policy shill be with a, cmnpaIlY iiuth0ri2:ed by law to transact instirahce buSiness in Stare of California, whefuerthe company be an admitted carrier,ornot:
2.
Each policy shall providethattl1e LANJ)WRD and the COUNTY shall be given notice in writing at least I:hiny (30) days in advance of change, cancellatiOn, or rioIHenew-al thereof: . '"
3.
The poljdes shall eachproV"ide an end()!seq>ent nam.i.ti.g LANDLORD, the COUNTY, and their officers, agents and employees as additional insureds; and '
4.
The required coverages shall be maintained in effect throughout the term of this agreefuent.
the
B-13. Certificate offusurance . • PriOrto fi1e execution of this agreement by the LANI)LQRD, the TJ.lNAN'r s~l1 file c¢l(i~ates of in.~tmincewith tIle COUNTY, shOvVing thatTENA;} n: ,l)~siri¥fect the insurance required by this lease. The TENANT shall file anew orameridlrl certificate promp.t1y after any change is made in any lrisurancepolicy which would IIlter the infonnatipn on the certificate thet. ' ' . ., . On fIle. ,..
B-l4. Bre..ch of Co.venant. , ~eparti.E!s (:o~der ~ch aM every ,term, covenant, and P~9'1.~~cin, ,oftlJis~le~~to1:\~ 1l'it~~ and reasormple. ", ' , B~15. Persiirlal Property ,Reffiai:r\irii all Pl:eqililes•• , Aft&~\e tENANT vacates the preini~ts,e[tnerpy eicpir~tion oft1ie~~cir on ~tii:>nOfthe tenancy, the LAN'rlL()RD 'mlJ,'lt givethe :no~ces requ)red by law concerning dispOSition of any personal Pr(}pe~ty of the TENANT ,that l"eDlaIDs ,the premises. The TEN¥lT is respdnsi1:rle, for, all , 'reas9pable cos,t s ,?fstoring such personal propertY.•Thepropeity yiU ~releised to the 'r.ENAN} or its rightful owner only , l;Jf~er the TENANT or the , rightful owner pays the LANDLORD the ~bnable costs of fitorage within the firlle required by law. . -. . _ . , ..
on
-.-
8-16.
Pos~e~~ion of l?rem,is~s. If tIle LANDLORD is unable to deliver possession of the
term
premises to the TENANT at the commencement of the specified in this sUblease, the LANDLORD will JlDt be liable for any daniage caused thereby, nor will this sublease be' void vpidable. The LANDLORD will take reasonable steps,' to obtaID.posseBSiori of the l?remises preViouS tenants or occupants. The, TENANT will not be liable for any rent,however, until the date that possession i!l actually deliveri!tiThe TENANT may termh1are this lease if the LANDLORD fails to deliver possession of the premises within thirty (30) days of commencement of the specified term.
or
Winter Homeless Shelter
from
PS #3 IItt A.8
223
B-17. Attorneys' Fees. In any legal action brought by either party to enforce the tenna of this sublease, the prevailing parly is entitled to all costs incurred in connection with such an action, including reasonable attorneys' fees. B-18. Waiver. Waiver by either party of a breach of any covenant of this sublease will not be conso.'ued to be a continuing waiver of any subsequent breach. The LANDWRD'S receipt of fees with knowledge of the TENANT's violation of a
!
I!
covenant does not waive its right to enforce any covenant of this sublease. No waiver by either party of any provision of this sublease will 'be considered to have been made unless expressed in writing and signed by all parties.
B-19. Possessory Interest Tax. This agreement may create a possessory interest subject to propelty taxation. If such an interest is created, the party in whom the possessory interest is vested may be subject to the payment of the property taxes levied on such interest.
I
B-ZO. Time Is of The Essence. Time is of the essence of each provision of this sublease.
l
B-21. Entire Agreement. This sublease contains all of the agreements of tlle parties.
I I
B-22. Negotiated Agreement. This agreement has beer arrived at through negotiation between the parties. Neither pDrty is to be deemed the party which prepared this ag~reement within 'the me8ninr~ of Civil Code Section 1654.
,
'
B-23. Severability. Should any provision herein be found or deemed to be invalid, this sublease shall be construed 8S not containing such pIOvlsio~ and all other provisions which are otlterwise lawful shall remain in full force and effect, and to this end the provisions of thiR suble~se are declared to be severable. B-24. Non-Discrimination.
The TENANT agrees not to discriminate against any program paxticipantS and/Ol- employees, or discriminate against any application
for program services andj or employment due to ethnic group identification, religion, age, sex, color, na li,l m:ll Ol'igin or physical or mental disability, medical condition or marital status.
B-25. Entire Agreement. This s nb"~i1~e is the entire agreement of the parties. There are no understandings or agll ". " nents pertaining to this sublease except as are expressly stated in writing i!lll,jg sublease or in any document attached hereto or incorporated ht'xein by ref'·'l'<-'J1CC.
B-26. Notices. Notices to the p Arlies in C0l1I1f'-clion with the administration of this contract shall be given to thr~ parties' sublease admirustrators personally, by regular mail, or by facsim i:'" •I'ililsmission as more particularly specified in this paragraph. Notices will be deemed gi'/ Cll
1.
(l11:
The day the notice is p,.,,·:-:onally delivered to the sublease administrator or the office of il.e SUble8: :" :,c!rnini.qtrator; or
224
Winter Homeless Shelter
I'S in "tt A.9
2. ,
l
"
J
I
Five days after the date the nqti.cejs deposited in the United States mail, addressed as indicated in tllis ccm,J;iiict, with first-class postage fully
pn!pWd;or
3.
.
'
' . ..',
. .
thenotjce i~. transmit;t~by facsinille to the party's fut;Simileri~er ~p~~d, in pi)ragraph tQ£ f:lus B4b~~ase, provided that an originalM such notic¢ isdeposited in tpe United Stlites mll.il, addressed i as indicated!nthi~ sqntitct .ort. tl1!! s'ame as the facsihrlle transmission ;dsmade. . .. , ' '. . . .
On the day
that
day.
a-:27. ResponSibllitjrof Sublease Administrators. AIl matters concerning tl1is sublease whiCh: l!XiWit;hiD. thdesponsibilitY of the. parties sh;all be underlhe direction of, or shan be submitted to; the resp'e<:tlve sublease adritinistrat¢r or any party's emp~oyee asthe$llblei1seadriUnii;~ator may appomtin writing. A may, in its sole discretion, change its designation of its sublease administrator and shall promptly give written notice to the- other-parly of any such change.
party
j .
Winter Homeless Shelter
PS#3 attAIO
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225
. Agenda Tlme Estimates: 10 Minutes or 0 Consent
AGENDA ITEM TRANSMITTAL 10:
BOARD OF SUPERVISORS
FROM:
Mandy Rose Integrated WiJ!b! Mgmt
MEET1NG DATE: February19, 2013
CONTACT FOR INFORMATION: Name: Mandy Rose Phone No: 636-"1110
Leave Blank:
Dale/T1me Reed:
75' tf
;>./J 3
NUMBER OF l.
J13)(?
".'<1) COPIES
(1) SUBJECT: Request from Waste Connections Inc. (Contract Operator of John Smith Road landfill) To Expedite 'Commencement Date" to 'New Landfill Operating Agreement' under Specified Terms
pages if ....
(2) BACKGROUND INFORMATION (Attach _
y):
waste Connections Inc., (WCI)
the contract operator of John Smith Road Landfill is requesting (see attached letter) that the Board of Supervisors consider waiving the 400 tons a day annual average oondition In the Sixth Amendment and the "New Landfill Operating Agreement" to advance the 'commencement date as defined In the agreement. In exmange, we will provide a revenue guarantee of 400 tons per day (annual average) in its absence
we
is intel ested In initiating the 'New Landtill Operatfng Agreement' so that they are better able to attract out of county waste. Under our present agreement they can only bring in 'processed/resldual' waste and that waste stream has been a~ at this time. The 'New Landfill Operating Agreement' allows them to negpljate for munidpal solid waste whim Is more available and competitive.
Initiating the 'New Landfill Operating Agreement' not only benefits we, it also benefits the County by accelerating: 1) the opportunity to reoeive greater projed: revenue (over and above the revenue guarantee of 400 tons per day, 2) the contractual reimbursement for all costs assadated with permitting the landfill ~ (approximately $255,000) and 3) the contractual reimbursement for the Oosure and Post Oosure funds in the amount of $4,520,818. Details of said proposal would be in the form of an amendment prepared for the Board of SupelVisors review by we Corporate Counsel. There is also a 'housekeeping' item to darify the 'cost of living' adjustment dause of the existing agreement for FY 2011/2012. This darificatlon will be in the form of a Seventh Amendment that can be brought fOrward to the Board with the item above.
Staff from we will be present at the Board meetlng to answer any questions you may have. (3) OTHER AGENCY INVOLVEMENT: None
(4) SUPPORTIVE DOaJMENTS RElATIVE TO nns ITEM: Resolution Oeontract Ordinance 181 Other: Letter from
(5) PRfVIOUS RELEVANT BOARD AC11DNS ON nus SPECIFIC ITEM: Sixth Amendment and New Landfill Operating Agreement December 21, 2010
(6) RJNDING SOURCE(S): 3010101
(7) OJRRENT YEAR COST: N/A
o
o
we
(10) WILL PROPOSAL REQUIRE ADDlTIONAL PERSONNEL?
0 YES
181 NO
(8) ANNUAL COST: N/A
If YES, STATE NUMBER: Permanent
(9) BUDGETED: DYES NO N/A
o
UrnitedTerm
(11) RECOMMENDED ACTION(S):
It is recommended that the Board of Supervisors review the proposal from Waste Connections Inc. and direct staff as appropriate.
/J
r"1CYvtA .... .L
'\
tv~)....
Sllj"lAllJRE C1f AGEN~ OR DEPARTMENT AlffiiORl2ED REPRESENTATIVE f
OAPPROVED
o ACKNOWLEDGED o SET PUBUC HEARING
o DENIED ONXEPIED o APPOINTED
a.ERK'S USE ONLY
o ADOPTED
o RESOLtmON NO. o ORDINANCE NO.
January 25, 2013 and February 10, 2013 DATE
o CONTIMJED TO
o OTHER
--------ONOACT10~N~"~~~~-----------------
BY: Deputy aerk of the Board
I DATE:
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COpy ROunNG:
BOARD - ORIGINATING DEPT. - AUDITOR
WASTE CoNNECI'IONS INC. a.-fIIith tI. ~
January 3 1,2013 Ms. Normandy Rose County of San Benito Integrated Waste Management Department 3220 Southside Road Hollister, CA 95023 Dear Ms. Rose, The Sixth Amendment to the Operating Agreement and the "New Landfill Operating Agreement" between Waste Connections and the County of San Benito were approved by the Board of Supervisors on December 21,2010. Both the Sixth Amendment (Paragraph 7) and the New Landfill Operating Agreement (Section 2; sub section 2.1 cited below) explain the two required conditions that must be met in order to enter into the 'New Landfill Operating Agreement' only one of which can be waived by Waste Connections. Please note the requirement language in the commencement date section of the 'New Landfill Operating Agreement:' "Commencement Date: This Agreement sholl commence on the dare the Company receives a copy ojthe final permit necessary to construct and operate a minimum 0/two million (2,000,000) cubic yard increase in permitted disposal capacity established by the Solid Waste Facility Permit #35-AA-oool ("2MilIion Cubic Yard Expansion ") and the Landfill is receiving an annual average of/our hundred (400) tons per day o/buried Waste, hereajler known as the "Commencement Date". Company may waive the requirement to receive any finol permit to construct and operate the Landfill at any time afier the County has obtained compliance with the Califomia Environmental Quality Act ("CEQA. ") approving the 2 Million Cubic Yard (J,200,OOO tons) Expansion and the/our hundred(400) tons per day average o/buried Waste is achieved Ifthe Company unilaterally elects to waive this requirement, then the Company shall notifY the County 0/that election and the Commencement Date sholl be the date that the County received such notification. " We understand the County of San Benito Integrated Waste Management Department is expecting to receive the fina12 Million Cubic Yard Expansionll,OOO tons per day revised Solid Waste Facility Permit in March 2013. which satisfies the first requirement. It is the second requirement of 400 tons per day average of buried waste that Waste Connections would like the Board of Supervisors to consider providing Waste Connections with an option of waiving under the following conditions: Should Waste Connections, at its sole discretion, waive this requirement and so notifY the County, then during circumstances in which the landfill does not bury 400 tons per day on an average annual -basis, Waste Connections shall compensate the County as if 400 tons per day on an average annual basis had been buried; and 2. Waste Connections shaIJ reimburse the County, on a pro-rated basis, for any costs incurred as identified in Section 4.2 of the 'New Landfill Operating Agreement" paid by the COWlty in the year of the Commencement Date. 1.
227
January 31, 2013 Ms. Normandy Rose Page 2
lfthe Board of Supervisors has interest in pursuing the waiver of this second requirement under the terms proposed, Waste Connections Corporate Counsel will prepare an amendment for their review and approval. We are available to answer any questions you may have regarding this request. Sincerely,
Joshua Shaw Landfill Manager
John Smith Road Landfill Waste Connections, Inc. 831.637.4515 office 831.245.5712 celi
)
Back to top 2650 lohn Smith Road. Hollister, CA 95020. Tel (831) 637-4515 . Fax (831) 635-9621
228
TO: FROM:
I$veBlar.I1c >
Agenda Time Estimates: 10 Minutes or 0 Consent
AGENDA ITEM TRANSMITTAL
1'10 .~Jt{I,?>9@.
BOARD OF SUPERVISORS
CONTACT FOR INFORMATION: NUMBER OF CERTIAED CO~ REQUIRED: Name: Gary Armstrong Phone No: 831-637-5313 (1) SUBJECT: Groundwater Extraction - Proposed Ordinance Revisions to Chapter 15.05 of Tille 15 of the San
PLANNING & BUILDING DEPARTMENTS
I
. ,,' > l!lidilt!f:(ine,~ ·",
MEETING DATE: R,mitn C.nllniv C.nrip Februal'\l19 2013 (2) BACKGROUND INFORMATION (Attach additional pages If necessary):
The proposed revisions to Article I of Chapter 15.05 of the San Benito County Code establish a permitting requirement on conduct which consists of groundwater extraction from land for use on another parcel or parcels ofland, when the other parcel(s) ofland is out of the sub· basin from which the groundwater is extracted. It also would allow extraction of water from one parcel to another within the sub-basin without a permit. The intent of this code is to prevent removal of waters from the groundwater sub-basins in excess of replenishment capabilities of the aquiferes) in those sub-basins, and to reflect the need for agricultural operations to transfer water from one parcel to another within a given sub-basin. The County Board of Supervisors, through Ordinance 778 adopted December 1",2004, appointed the San Benito County Water District (District) as the Enforcing Agency & Administrator and delegated the County's authority in implementing and enforcing groundwater extraction permitting to the District. Recent review of said Code by the District, precipitated by the District's need to develop a permit application process for proposed groundwater extraction projects, indicates some technical issues with the Code. Although still enforceable, these issues would make enforcement of portions of the Code a hardship, both to the District and many County residents with large wells. Said issues include Code prohibitions on:
•
•
affecting 'radius of influence' by a well (which the District believes is an impossible and improper criterion for efficient enforcement); and, supplying water from a well on one parcel to multiple and non-contiguous parcels from said well (which may put many properties in the County unnecessarily in violation).
The changes set forth in the proposed ordinance have been recommended by the District for the Board's consideration. Please note that under the current ordinance permitting authority for groundwater extraction rests solely with the San Benito County Water Oistrict, and that decision is currently not appealable to the Board of Supervisors. Additionally, the Planning Department interprets the >rrrent zoning ordinance, for example, under Agricultural Productive (AP zoning), to not require a conditional use permit for groundwater oxtraction, or a determination by the Planning Commission that it is a use similar to permitted uses within a given zone. Therefore, any person desiring to extract groundwater for use outside the sub-basin would need to obtain a permit from the San Benito County Water District and any applicable permit(s) from the State of California, but would not need to ohtain approval from the Planning Commission or the Board of Supervisors as the County historically has not treated or considered groundwater extraction as an applicable land use. Unless direction is otherwise obtained by the Board, the Planning Department will continue its historic practice regarding groundwater extraction by referring such inquires to the San Benito County Water District. However, proposed land uses involving any bottling, packaging, manufacturing, any structures or processes would require further analysis by the Planning Department, including potentially a conditional use permit reQuirement. (4) SUPPORTIVE DOCUMENTS RELATIVE TO nilS ITEM: (5) PREVIOUS RELEVANT BOARD ACTIONS ON nilS SPECIAC m:M: Contract 0 Resolution None Other: Attached ~ Ordinance
o
o
(6) FUNDING SOURCE(S):
(7) CURRENT YEAR COST: $0
None (10) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL? (11)
0
YES
/ZINO
I$0ANNUAL (8)
If YES, STATE NUMBER: Permanent
COST:
I~ YES BUDGETED: 0 NO UmltedTerm
RECOMMENDED ACTION(S):
It is recommended that the Board discuss the proposed changes and then make the·following motion: [)jrect staff to conduct any necessmy CEQA analysis on the proposed changes, and then bring back the.Imposed changes to the Board for further consideration and potential adoption.
GARY A'ifr7.G, 6/ector of Planl)ifig & Building Inspection Services SIGNAlURE OF AGi/NCY OR DEP~ENT AlJlliORIZED REPRESENTATIVE >
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTID o SET PlJBllC HEARING o APPOINTED
2- ~-13 DATE
CLERK'S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
----
o CONTINUED TO o OTHER 0 NO ACTI;;;ON"'T;o;AJ(EN=;-----------
BY: Deputy Clerk of the Board
DATE:
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229
( i6
j
ARTICLE I. GROUNDWATER AQUIFER PROTECTIONS
§ 15.05.001 F1NDINGS. The Board of Supervisors of the County of San Benito finds and declares as follows. (A) Imprudent operation of water wells, including, but not limited to, Wlfettered extraction of groundwater, especially for use on lands other than that from which the water is extracted, creates the potential of severe adverse environmental and economic impacts. The potential environmental and economic impacts of the withdrawal of groundwater and the introduction of imported groWldwater into the aquifers threaten individuals, communities and the COWlty of San Benito as a whole. (B) There is no state system which provides for review of proposed extractions of groundwater for use on lands other than those from which the water is extracted. Therefore, proposed extractions are not subjected to scrutiny for adverse impacts on the persons or communities which may be, or would be, impacted by the extractions. Nor is there any requirement, except for projects subjected by San Benito County to CEQA review, which provides that person adversely affected by the proposed extractions shall be given actual or constructive notice of the proposed extractions and an opportWlity to be heard respecting the proposals. (C) Presently no state systern exists under which such operation of wells are regulated in a meaningful manner. While Cal. Water Code §§ 1215 et seq. and §§ 10750 et seq. provide for the adoption, in limited situations of groWldwater management plans by certain entities, they are not exclusive and are inadequate to address all of the concerns affecting the personal health and economic welfare of the residents of the COWlty of San Benito. (D) This chapter, in the judgment of the Board of Supervisors, is an appropriate exercise of the police power by the COWlty of San Benito establishing: (1) A permit requirement on conduct which consists of extracting groWldwater from one parcel ofland for use on another parcel or parcels of land not within the same sub-basin WHee the ether pllf'sel(s) eflafta are Het eentigoolls te, aB8l1Haer eammeH aWHers!Hp with, the pllf'eel from which the groundwater is extracted or any other use that would export water that is not within the same sub-basin as described in the San Benito County Water District Annual Groundwater Report; (2) A permit requirement on conduct which consists of injecting imported water into the groundwater basins and aquifers of San Benito County; (3) Restrictions on the operation of wells in a manner which would, or could, adversely affect the operations of wells on adjoining property owned by others; and (4) A system by which the Board of Supervisors can detennine the availability of water resources and relative priority of new water uses for discretionary land uses, including projects approved prior to the effective date of the ordinance codified in this article, protect the safe yield of San Benito County water resources and promote the 230
prudent and orderly economic development in unincorporated areas of the county and the welfare of San Benito County and its citizens. (1966 Code, § 7C-1.00) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.002 DEFINITIONS. The following definitions apply to this article.
ADMINISTRATOR. The person to whom authority and responsibility for implementing and enforcing this article is delegated by the enforcing agency. The Administrator shall have the power to hold hearings, certify environmental review documents, issue, condition, revise and revoke permits and to designate deputies to assist in carrying out these duties.
CONJUNCTIVE USE or CONJUNCTIVE OPERATION. The coordinated operation of a groundwater basin and surface water supplies to artificially recharge a basin during rainy seasons or years of above-average precipitation so that groundwater can be withdrawn during dry seasons or years of below-average precipitation when surface supplies are less than normal. CONJUNCTIVE OPERATION also refers to meeting the needs of an area within the county through the coordinated use of groundwater during years when surface water is not available.
)
CULTURE or LAND USE. The use or land cover existing under natural conditions or as modified by humans. DOMESTIC WATER SERVICE. A water distribution system for the provision of water exclusively to residential, commercial and related land uses, including, but not limited to, water used within a residence or commercial building and irrigation of landscaping, water distribution system used for the irrigation of non-commercial agriculture crops or a water distribution system providing water intended for use within the area of a subdivision with an approved tentative or final map.
DOMESTIC WATER WELL A well devoted exclusively to the residential and related yard, garden and barnyard uses within the curtilage of a dwelling located on the sarne parcel of land as the served dwelling house or upon another parcel of land respecting which the owner of the served dwelling has a legally cognizable interest in the nature of real property. Such uses as recognized in this section do not include the growing of crops, or production of other agricultural commodities for commercial purposes. ENFORCING A GENCY. San Benito County Water District, which is hereby appointed to be and shall be the enforcing agency, as that term is used in this article, and is delegated the authority of the county in implementing and enforcing this article. The ENFORCING A GENCY may appoint an Administrator, and the authority of the enforcing agency shall be exercised by its duly appointed Administrator, except as to such actions as are required to be taken by the Board of the enforcing agency, such as the hearing of appeals from the actions of the Administrator.
EXTRACT. To withdraw by physical process. 231
GROUNDWATER AQUIFER, CONFINED. A body of groundwater overlain by material sufficiently impervious to sever free hydraulic connection with overlying groundwater except at the intake. GROUNDWATER, CONFINED. Water in the zone of saturation. GROUNDWATER is presumed to be percolating, although it may also occur in known and definite channels. GROUNDWATER, FREE (UNCONFINED). Groundwater found in the zone of saturation whenever the upper surface of the zone forms a water table under atmospheric pressure, free to rise and fall with changes in volume of stored water. HYDRAULIC GRADIENT. The slope of the groundwater table. HYDROLOGY. The origin, distribution and circulation of water through precipitation, streamflow, infiltration, groundwater storage and evaporation. IMPORTED WATER. Water transported into a watershed from a different watershed. Native water is water naturally within a watershed that is available to recharge the groundwater basin absent man-made improvements and projects. INJECT. To place, put, force, or introduce into the underground by means of a well. LEGAL LOT. Any legal lot recognized under the Subdivision Map Act as a valid parcel. MINING. Extracting groundwater by any means, including pumping and the use of artesian wells, from any aquifer within the County of San Benito which, in contemplation of existing extractions of groundwater used beneficially upon lands overlying the aquifer within the county exceeds the reasonably foreseeable replenishment potential of the watershed's native water. OVERDRAFT. The condition of a groundwater basin where the amount of water withdrawn exceeds the amount of water replenishing the basin over a period of years that encompasses both dry and wet years. 0 VERDRAFT occurs at the point at which extractions from the basin exceed its safe yield plus any temporary surplus. PERCOLATION. The movement of water through the soil to the groundwater table. PERMEABILITY. The capability of soil or other geologic fonnation to transmit water. PERSON. Any entity whether the entity is a natural person, a partnership of any form, a corporation, an unincorporated association or a governmental agency. PIEZOMETRIC SURFACE. The surface to which the water in a confined aquifer will rise under atmospheric pressure. POROSITY. The voids or open spaces in alluvium, other soils and rocks that can be filled with water. 232
POTABLE WATER. Water which meets the minimum drinking water standards, primary and secondary, as specified in Cal. Code of Regulations Title 22, Division 4, Chapter 15. PUBLIC WATER SYSTEM. A water system operated to serve more than five domestic connections, including water systems operated by public agencies, including, without limitation, public utilities, county service areas, community services districts, municipalities and water districts. RADIUS OF INFLUENCE. The radial distance from the center of a well bore to the point where there is no lowering of the water table or potentiometric surface (the edge of the well's cone of depression). RECHARGE. The flow to groundwater storage from precipitation, infiltration from streams, irrigation, spreading basins, and other sources of water. SAFE YIELD. The maximum quantity of water which can be withdrawn annually from a groundwater supply under a given set of conditions without causing an undesirable result. The phrase "undesirable result" is intended to include water quality degradation, land subsidence and/or gradual lowering of the groundwater levels resulting in, or tending to result in, the eventual depletion of or the substantial diminution of the supply of available groundwater or its quality. SALT WATER INTRUSION. The movement of salt water into fresh water aquifers. SPECIFIC CAPACITY. The volume of water that can be pumped from a well in gallons per minute per foot of drawdown. SPREADING WATER. The discharge of water to a permeable area for the purpose of allowing it to percolate to the zone of saturation. Spreading, artificial recharge and replenishment all refer to operations use to place water in a groundwater basin. TRANSMISSIVITY. The rate of flow of water through an aquifer. USEABLE STORA GE. The quantity of groundwater of acceptable quality that can be economically withdrawn from storage. VALID TENTATIVE MAP. Any parcel or tentative map which has not expired, which has been processed in accordance with the California Environmental Quality Act and the Subdivision Map Act and which has been approved by the appropriate decisionmaking body of the County of San Benito. VALID USE PERMIT. Any discretionary land use permit which has not expired, which has been processed in accordance with the California Environmental Quality Act and which has been reviewed and approved by the appropriate decision- making body of the County of San Benito. WATER TABLE. The surface where groundwater is encountered in a well in an unconfined aquifer. 233
ZONE OF SATURATION. The area below the water table in which the soil is completely saturated with groundwater. (1966 Code, § 7C-l.lO) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.003 MINlNG OF GROUNDWATER PROHIBITED. It is unlawful to conduct any mining for water within this county, or for the owner of real property to allow groundwater of any nature, or connate water, to be mined from a well on the landowner's property, where the water extracted is transported, by any means, from the County of San Benito. (1966 Code, § 7C-1.20) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.004 PERMIT REQUIRED FOR EXTRACTION OF GROUNDWATER FOR USE OFF-PARCEL. (A) In the unincorporated areas of the county, it is unlawful to extract groundwater of any nature or description, or for a property owner to allow the extraction on his or her land, for the purpose of using the water or selling the water for any use on other than fl. the parcel of land within the sub-basin as described in the SBCWD Annual Groundwater Report upon which llflSft ·.vhieli the extraction occurs, SF Sft 6SHtigllSllS flareels sf!aaa lIflaer ilie SaTHe awn_hip as ilie fl!l£eel frem wfiieli ilie 6lltraetisa eeeurs, provided such use does not exceed the safe yield ofthe sub-basin. without first obtaining a pennit as provided in this article. (B) The supply and use of water in and for valid tentative maps and valid use pennits which proj ects were required by condition to be served by such a public water system prior to the effective date of the ordinance codified in this article are conclusively presumed to be available, to have no adverse effect on the water supply and the wells of San Benito County, and to not exceed the safe yield of the water resources of San Benito County. (1966 Code, § 7C-1.30) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.005 PERMIT REQUIRED FOR INJECTION OF IMPORTED WATER INTO GROUNDWATER BASINS OR AQUIFERS. (A) It is unlawful to inject native surface water or imported water of any nature or description or for a property owner to allow the injection, into a groundwater aquifer without first obtaining a pennit as provided in this article. (B)
This provision does not apply to:
(1) The injection of potable water by a public agency operating a public water system where the quality of the water to be injected meets or exceeds the quality of the groundwater present within the storage medium as determined by the Administrator; or (2) The historical groundwater percolation programs conducted by the San Benito County Water District or the Pacheco Pass Water District. 234
(1966 Code, § 7C-1.40) (Ord. 664, § l(part); Ord. 778, § l(part))
§ lS.OS.006 RADIUS OF INFLUENCE OF WEI.I. RESTRICTED. It is mHlI'lIfiil far any PefSSR ts sperate, ST faT a pTSperty SWRer te allS'll aHy PIlfSSR ts sp_te, any well, 6l,e6jltiHg a asmestie well, as aaBRea hy § lS.OS.002 sf this artiele, SF a Yfei1 S!lf'\~Rg a "pahlie water system," in BlieB a JHW1Her that tha raEiillS afinilueRee sf the ·.vell e),teRas heysHd the hmmaaries sf the parael sf lana HjlSR 'Jimeh the ,.... ell is Iseatlla, Sf alternatively, heyaRa the hsooaaries sf eeHtigHSllS pareels sflanaooaer the same e'lfflersftip as that pareelllPsR vlbieh the well is leeatea. FeT pllTjleses efthis seetisl!; an adjainiHg pllhlie Taad, aF pahlie rsaa right sf W~', shall he sSRstmea as a esHtigliellS parsel sflana ooaer the same s'lfflefSeip as the pareelllpaR 'lImee the well is laeatea.
(1966 Geae, § 7G !.SO) (Ora. 664, § l(part); Ora. 778, § 1(Part)
§ 15.05.007 APPLICATION FOR PERMIT. (A) An application for any permit required in this article shall be filed with the Administrator on fonns provided by the Administrator and shall contain all information required by the Administrator. The application for permit and request for environmental review shall be accompanied by a fee established therefor by the enforcing agency and by written agreement to pay all costs of preparation of any required environmental review document. Upon receipt of the permit application, the Administrator shall provide public notice of the application and review the application with affected county departments including, but not limited to, the Agricultural Commissioner's office and the Environmental Health Division of the Health and Human Services Agency and with any affected or appropriate county's Water District. The Administrator shall hold a public hearing for the consideration of the application. The public hearing shall be noticed pursuant to Cal. Gov't Code § 6061. The public hearing shall not be held within 15 days after the date that the Administrator mails a draft environmental review document to the applicant and posts notice of the availability of the document on the enforcing agency's website. (B) After holding the public hearing, reviewing the application, and certifying the adequacy of the environmental review documents thereof in accordance with the procedures required under the California Water Quality Act, the Administrator shall render a decision whether to issue the permit, and any conditions of such a pennit. The Administrator shall prepare a written report specifying the basis of the decision. The Administrator shall mail a copy of the decision to the applicant and each person who has, in writing, requested a copy, and shall post a copy of the decision on the enforcing agency's website. (1966 Code, § 7C-1.60) (Ord. 778, § l(part))
§ 15.05.008 PUBLIC HEARlNG ON ISSUANCE OF PERMIT. At the public hearing, the applicant shall be entitled to present any relevant evidence to the application. The Administrator may request any additional geologic studies he or she deems necessary to obtain information required for a decision on the application. The 235
cost of the studies shall be borne by the applicant. The Administrator shall also hear relevant evidence presented by the public and county staff. The Administrator shall consider all effects the proposed permit would have on the affected groundwater, and the affected aquifer or aquifers. (1966 Code, § 7C-1.70) (Ord. 664, § l(part); Ord. 778, § l(part»
§ 15.05.009 GRANTING OF PERMIT. (A) A pennit mandated by this article to extract groundwater or to inject water into the groundwater shall be granted only when the Administrator, after considering all relevant evidence finds and determines that the activities sought to be permitted will not substantially impair the quality or quantity of the groundwater in San Benito County and that the activities are consistent with the San Benito County general plan. (B) The Administrator shall impose such conditions upon the permit as may be necessary to mitigate or eliminate any impact on the quality or quantity of the groundwater, or the aquifers in San Benito County, or so as to protect the health, safety or welfare of the people of San Benito County. Notwithstanding the foregoing, the Administrator may issue a permit upon a fmding either that the applicant has provided, or will provide, for mitigation which will substantially offset any adverse effect that is determined to exist, or that the well is to be used exclusively for agricultural purposes and the applicant has provided or will provide for mitigation which will offset any adverse effect that is determined to exist to the degree practicable given the totality of circumstances, provided that the agricultural well is the only feasible water source for applicant's agricultural uses. (1966 Code, § 7C-1.80) (Ord. 664, § l(part); Ord. 778, § l(part»
§ 15.05.010 APPEAL. (A) Appellant; appeals body. Any interested party, including the applicant may appeal any decision of the Administrator to the Board of the enforcing agency. (B) Time for appeal; application; f ee; grounds. Any appeal shall be filed with the Clerk of the Board of the enforcing agency not later than 15 days after the challenged decision. The appeal shall be made on an application form approved by the enforcing agency and accompanied by the required fee. The specific grounds for the appeal shall be stated. Omitted grounds shall not be considered and the appellant's failure to state a ground shall constitute a waiver of the right to subsequently raise the omitted ground.
(C) Hearing; evidence. The appeal shall be a public hearing. The hearing shall conunence at the next available meeting date of the Board of the enforcing agency after filing the appeal. In no event shall the hearing commence later than 60 days after the ftIing of the appeal. The hearing may be continued from time to time at the discretion of the Board, but in no event shall the hearing be continued for more than 60 days, unless consented to by the pennittee and the appellant, if other than the pennittee. The enforcing agency's Board may act to reverse or modify the decision of the Administrator if it finds that the decision is not supported by substantial evidence in the record. 236
(D) Basis ofdecision. The Board of the enforcing agency shall state the basis for its decision. If the Board acts to reverse or modify the Administrator's decision, it shall state the nature of the error requiring the reversal or modification. (E) Notice ofappeal. The notice of appeal also shall be given to permittee owner if the permittee is not the appellant. In all cases, a notice of appeal shall be published in a newspaper of general circulation at least ten days in advance of the commencement of the hearing. (1966 Code, § 7C-1.90) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.011 FINALITY OF DECISION. Any initial decision made by the Administrator under this article is not final until the later date of either: (A)
The expiration of the time for filing of an appeal, ifno appeal is filed; or
(B) The date a final decision is made by the agency's board upon appeal, if an appeal is ftJed. (1966 Code, § 7C-2.00) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.012 ANNUAL REVIEW OF PERMIT. The permit granted pursuant to this article shall be subject to an annual review. In the event the Administrator determines that there is a substantially likelihood that the permittee has failed to comply with the terms, conditions or scope of the permit or that there is compelling public necessity for modification or revocation of the permit, the Administrator shall schedule and hold a public hearing to consider the modification or revocation of the permit. A compelling public necessity exists when the activities pursuant to the permit constitute a public nuisance or when continued operation under the permit poses a threat to groundwater quality, land subsidence or interference with groundwater availability to overlying landowners. The procedures for the public hearing for the consideration of an application for a permit, such as publication of reports and the like, shall apply to any public hearing for revocation or modification. (1966 Code, § 7C-2.1O) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.013 INSPECTION. Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of enforcement and administration of this article. If any such premises are occupied, the representative shall first present proper credentials and demand entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If the entry is refused, he or she shall have recourse to the remedies as are provided by law to secure entry. (1966 Code, § 7C-2.20) (Ord. 664, § l(part); Ord. 778, § l(part)) 237
§ 15.05.014 EMERGENCY. Notwithstanding the provisions of § 15.05.013 of this article, in the event of an emergency situation requlling immediate action with respect to a well, the enforcing agency shall have the authority to enter upon the premises on which a well is located and to take such action as is reasonably necessary to safeguard the health of the community and the quality of water in the groundwater basin. (1966 Code, § 7C-2.30) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.015 ENFORCEMENT. (A) Violation ofarticle; public nuisance. The violation of any provision of this article or of any provision of any franchise agreement authorized under this article is unlawful and is a public nuisance. The violation shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.
(B) Administrator's duties. It is the duty of the Administrator and his or her authorized representatives to enforce the provisions of this article; provided however, that its cost of enforcement against violators or abatement of nuisance under this article shall be reimbursed by the county upon the presentation of adequate documentation.
)
(C) Abatement of nuisance. In the event of violation of the provisions of this article exists, the Administrator may abate any condition resulting therefrom as a public nlllSance. (D) Violation ofarticle; criminal. Any person, fInn or corporation, whether by action of its principal agent, employee or otherwise, violating any provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code. (E) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed, to limit or impair the ability of the Administrator, the enforcing agency or any of its offIcers, agents or employees, or the county, or any of its offIcers, agents, or employees to take an admiuistrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein. (1966 Code, § 7C-2.40) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.016 APPLICABILITY. This article shall apply to all surface water that is injected into the groundwater and to all groundwater in the County of San Benito, State of California. (1966 Code, § 7C-2.50) (Ord. 664, § l(part); Ord. 778, § l(part))
§ 15.05.017 ENFORCEMENT; EXEMPTIONS. 238
Except as provided for herein, this article shall not be applicable to: (A) Any well or the use of any well in operation before the effective date of the ordinance codified in this article; (B) Any water supply source providing domestic water service to the first singJefamily residence on a legal lot of record; and
(C) The water supply for any development project for which a valid tentative map or a valid use pennit exists on the effective date of the ordinance. (1966 Code, § 7C-2.60) (Ord. 664, § 1(part); Ord. 778, § 1(part»
239
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Agenda Time Estimates: Minutes or 0 Consent
AGENDA ITEM TRANSMITTAL
· ~35 .·ro ·
TO:
BOARD OF SUPERVISORS
CLOSED
FROM:
Ray Espinosa, Interim CAO
CONTACT FOR INFORMATION: Name: Ray Espinosa, Interim CAO Phone No: 636-4000
MEETING DATE:
. '.' '~ie,l!nme;R'e;'g:
.: '
... . '!3f9if?,.'' Wt;lt
NUMBER OF CERTIFIED COPIES REQUIRED:
(1) SUBJECT:
02/19/2013
CLOSED SESSION
(2) BACKGROUND INFORMATION (If not SlITlmarlzed within this space provide a staff report instead, noting attachment):
Conference with Labor Negotiator: Authority: California Govt. Code Section 54957.6 Agency Designated Chief Negotiator: JODAN & ASSOCIATES, Linzle Daniel and/or Management Analyst Jacki Credico and Interim CAO Ray Espinosa. Employee Organizations: MANAGEMENT EMPLOYEE'S GROUP
(3) OTIiER AGENCY INVOLVEMENT:
(4) SUPPORTIVE DOOJMENTS RELATIVE TO THIS mM: Contract Resolution Otdinance Other:
(5) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPEOFIC mM:
(6) FUNDING SOURCE(S):
(7) CURRENT YEAR COST:
o o
o o
$0 (10) WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL?
U YES
UNO
(B) ANNUAL OR PROJECT COST: $ 0
If YES, STATE NUMBER: Permanent
(9) BUDGETED: DYES ONO
UmitedTerm
(11) RECOMMENDED ACTION(S):
Hold Closed Session.
L
~ if) ~
/.
1.• 1')
iJ 1 1/ / SIGNATURE OF AGENCY OR DEPARlMENT AUTHORI2ED REPRESENTATIVE
'"'
o APPROVED o ACKNOWLEDGED
--V
o SET PUBUC HEARING
o DENIED o ACCEPTED o APPOINTED
o ADOPTED
DATE
CLERK'S USE ONLY
o RESOLlfTION NO. o ORDINANCE NO,
o CONTINUED TO o OTHER - - - - 0 NO ACTIO==N7:=-=""'KEN=---------T
BY:
Deputy aerk of the Board
I DATE:
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240
AGEN
ITEM TRANSMITTAL
TO:
BOARD OF SUPERVISORS
FROM:
MATTHEW W. GRANGER
lime Estimates: 10 Minutes or 0 Consent
Name: Matthew W. Granger Phone No: 636-4040
February 19, 2013
COPIES REQUIRED:
0
"L\J:"~,'" SESSION AGENDA
with Legal Counsel-Anticipated Litigation. Significant Exposure to litigation pursuant to subdivision (d) of Section 54956.9: Number of Cases: (1 ) Closed session is authorized by Section 54956.9(d)(2), (e)(2): The State Controller's Office states the County of San Benito underfunded the Education Revenue Augmentation Fund (ERAF) from July 1, 1991 and June 30, 2001.
DOCUMENTS RElATIVE
nfa
O NO
WILL PROPOSAL REQUIRE ADDmONAL PERSONNEL? Umlted Term (10) RECOMMENDED ACTlDN(S):
Hold Closed Session
February 6, 2013 DATE
(11)
o APPROVED o DENIED o ACKNOWUEOGED OACCEPTEO o SET PUBUC HEARING o APPOINTED
OAOOPTEO
o RESOLUTlON NO. o ORDINANCE NO.
o CONTINUED TO o o OTHER NO ACTlD"'N ""T"'AKE=N.,-----------
BY: Deputy Clerk of the Board
I DATE: COPIES:
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REVISED: 4f3~,
(IC:; )
AGENDA ITEM TRANSMITTAL TO:
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FROM:
MATTHEW W. GRANGER
10 Minutes or
0
Consent
Name: Matthew W. Phone No: 636-4040
February 19, 2013
Granger
COPIES REQUIRED:
0
"'LI~::>I:: U SESSION AGENDA
with Legal Counsel-Antidpated Litigation. Significant Exposure to litigation pursuant to subdivision (d) of Section 54956.9: Number of Cases: (1 ) Closed session is authorized by Section S49S6.9(d)(2), (e)(l)
SUPPORTIVE
RELATIVE TO THIS ITEM:
RELEVANT
ON THIS
ITEM:
nja
nja
(6) CURRENT YEAR COST:
BUDGETED: YES 0 NO
$0 WILL
PROPOSAL REQUIRE AODmONAL
If YES, STATE NUMBER: Permanent
Umited Tenm
(10) RECOMMENDED
Hold Closed Session
Barbara
February 13, 2013
DATE
o APPROVED o DENIED o ACKNOWLEDGED o ACCEPTED o SET PUBLIC HEARING o APPOINTED
o ADOPTED o RESOLlITlDN NO. o ORDINANCE NO.
ONLY
o CONTINUED TO _ _ _ _ _ __ _ _ _ o OTHER o NO ACTIO;;;N"'T"'A""KE"'N-.------------
BY: Deputy Oerk of the Board
I DATE: COPIES:
BOARD - ORIGINATING DEPT. - AUDITOR - HOLDING COPY
242
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AGENDA ITEM TRANSMITTAL TO:
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FROM:
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REQUIRED:
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CLOSED SESSION- CONFERENCE WITH REAL PROPERTY NEGOTIATOR
02/19/13
pages
CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Palmtag Ranch (APN 020-170-017), off of Cienega Road, Hollister, California Agency Negotiator(s): Steve Wittry, Public Works Administrator; Ray Espinosa, Interim CAO; Janelle Cox, Management Analyst, Matthew Granger, County Counsel, and Shirley Murphy, Deputy County Counsel Negotiating Parties: Ron Ross, on behalf of the property owners Under Negotiation: price and terms of payment
Authority: California Government Code §54956.8
'1)
OTHER AGENCY INVOLVEMENT:
None. ITEM:
Contract
Ordinance
(6) RJNDlNG
YEAR
COST:
(9) BUDGETED:
0
DYES
NONE
PERSONNEL?
NO
If YES, STAlE NUMBER: Pennanent
NO
UmitedTerm
Hold Closed Session.
Counsel DATI:
o DENIED o APPROVED o ACKNOWLEDGED o ACCEPIED o SET PUBUC HEARING o APPOINlED
ClERK'S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
----
o CONTINUED TO _ _ _ _ _ _ _ _ __ o0 NO OTHER ACTION=T"'AKE=N---------
BY: Deputy Clerk of the Board
DATE:
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AGENDA ITEM TRANSMITTAL
o
Date{Time Rec'd:
~~C;.~
TO:
BOARD OF SUPERVISORS
CLOSED SESSION
FROM:
Ray Espinosa Interim County Administrative Officer
CONTACT FOR INFORMATION: Name: Ray Espinosa Phone: 831-636-4000
;;./ /?:J/ (~ ~ D
NUMBER OF CERTIFIED COPIES REQUIRED:
(1) SUBJECT
MEETING DATE:
CLOSED SESSION
February 19, 2013 (2) BACKGROUND INFORMATION:
Public Employee Performance Evaluation Title: Interim County Administrative Officer Government Code Section: S49S7
(3) SUPPORTIVE DOCUMENTS RELATIVE TO THIS ITEM:
(4) PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
(5) FUNDING SOURCE(S):
(6) CURRENT YEAR COST:
(7) ANNUAL COST:
$
$
,
--..
(9) WILL / L 7 U I R E ADDm~AL PERSONNEL?
DYES
o
NO
If YES, STATE NUMBER: Pennanent
(8) BUDGETED:
o YES
ONO
Umited Term
7ZE~ HOLD C
-
\
l /
S D SESSION \
I
~
r..--
~ 12-) /2 DlTE
Signature of Agency or Department Authorized Representative (11) ADMINISTRATIVE REVIEW:
,
o DENIED o APPROVED o ACCEPTED o ACKNOWLEDGED o SET PUBLlC HEARING o APPOINTED
CLERK S USE ONLY
o ADOPTED o RESOLUTION NO. o ORDINANCE NO.
o CONTINUED TO o OTHER o NO ACTION TAKEN
BY: Clerk of the Board ~ATE:
COPIES:
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REVISED: 4/3/01
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