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HomeMy WebLinkAboutContracts & Agreements_83-96_CCv0001.pdf FIRST AMENDMENT To T14E CONTRACT BETWEEN THE COUNTY OF SAN BERNARDINO, REDLANDS DAY NURSERY, CLARA CLEFT TRUST(FORMERLY KNOWN AS INDIANA COURT PARTNERS) AND THE CITY OF REDLANDS (CONTRACT NO. 88-874) This Contract Amendment is made and entered into this 6th Aucrustday of , 1996 by and between the County of San Bernardino, hereinafter referred to as "COUNTY", Redlands Day Nursery, hereinafter referred to as "NURSERY"; and Clara Clem Trust(formerly known as Indiana Court Partners), hereinafter referred to as "LESSOR"; and the City of Redlands, hereinafter referred to as"CITY". WITNESSETH WHEREAS, COUNTY, NURSERY, LESSOR and CITY have previously entered into a Contract, Contract#88-874,hereinafter referred to as"CONTRACT" for Community Development Block Grant(CDBG) funded improvements at the Redlands Day Nursery, located at 1222 Indiana Court,Redlands,California;and, WHEREAS,COUNTY has approved additional CDBG funding in the amount of twenty thousand dollars ($20,000)for additional improvements at the Redlands Day Nursery; and, WHEREAS,COUNTY,CITY,NURSERY and LESSOR desire to amend CONTRACT to include the additional improvements at NURSERY. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom,the parties agree as follows: Add to Section I PROJECT/ACTIVITY DESCRIPTION. A second phase of PROJECT, hereinafter referred to as "PART 11", shall include interior painting, installation of lofts and insulation. All conditions,terms and responsibilities of CONTRACT that apply to PROJECT shall also apply to PART 11 unless otherwise specified in this amendment- Add to Section 5 FUNDING, COL TY shall provide additional CDBG funds in an amount not to exceed twenty thousand dollars ($20,000)for PART 11. 3. Replace Section 16 with INSURANCE REQUIREMENTS. INSURANCE REnUlgEMENTS Without in any way affecting the indemnity herein provided and in addition thereto, NURSERY shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers'Comoenc tiof,_A program of Worker`s Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor t Code of the State of California, including Employer's Liability with$250,000 limits,covering all persons providing services on behalf of NURSERY and all risks to such persons under this Contract. COmnre ensive General and A tomohi[e r ' contractual coverage and automobile liability coverage for own This coverage d include The policy shall have combined single limits for bodilyinjury andl�and non-owned vehicles. than one million dollars($1,000,000) ry property damage of not less Errors and_Qmissions T iability Insurance-Combined single limits of$1, 0,0 and property damage and$3,000,000 in the aggregate Q for bodily injury Professional L iability-Professional liability insurance with limits of at least$1,000,000 per claim or occurrence. Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY, their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of ubro anon Rim - Except for Errors and Omissions and Professional Liability, NURSERY shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY and CITY, their officers, employees, agents, volunteers, contractors and subcontractors. Polioies Primary and Non Q2fltrib t -All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY and CITY. Proof of Coverage - NURSERY shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shalt not be terminated or expire without thirty(30)days written notice to ECD, and NURSERY shall maintain such insurance from the time NURSERY commences performance of services hereunder until the completion of such services. Within sixty(60)days of the commencement of this Contract, NURSERY shall furnish certified copies of the policies and all endorsements. NURSERY shall complete and submit Contract Exhibit 4 of 6,Insurance Inventory, along with the above required insurance documents. 4. Replace Section 17 with INSURANCE REVIEW. INSURAN E REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. The COUNTY's and CITY's Risk Manager are authorized, but not required, to reduce or waive any of the above insurance requirements for their respective public agencies whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY or CITY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the Risk Manager is authorized, but not required,to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of past claims against COUNTY or CITY, inflation,or any other item reasonably related to COUNTY's or CITY's risk. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. NURSERY agrees to execute any such amendment within thirty(30)clays of receipt. All other provisions and terms of CONTRACT shall remain the same and are hereby incorporated by reference. IN WITNESS WHEREOF,the parties have caused this Contract Amendment to be executed as of the day and year first written above. I COUNTY OF SAN BERNARDINO REDLANDS DAY NURSERY t B; ' - % / B _ r Chairman, Board of Supervisors Y� President, oard of Direc SEP 1 f) t996 Dated: Dated: ~ ;, CZ/7 SIGNED AND THAT A COPY OF CLARA CLEM TRUST THIS DOC : HAS � DELIVERED TO THE CH') RM:WPF1 D t nBy: IS sors General Partner pfh�Comity. ino , ' ', � Dated: By. ______2_ — Dep Dated: SEP 10 1996 CITY OF REDLANDS APPROVED AS TO LEGAL FORM ALAN MARKS Mayor County Counsel � By. A Ri""* Dated: August 6, 1996 Deputy County Counsel �— ATTEST: Dated: Cit C erk AGMTS/95REDDAY.AMD 6/25/96/TC R/b1J